HomeMy WebLinkAbout250 California Drive - Staff ReportCity of Burlingame
Conditional Use Permit
Address: 250 California Drive
Item No. 8f
Regular Action Item
Meeting Date: October 28, 2019
Request: Application for a Conditional Use Permit to allow retail, personal service, and business service uses
on the ground floor of an approved new commercial building (not built yet).
Applicant and Property Owner: 20 Hobart LLC APN: 029-213-010
Architect: MBH Architects Lot Area: 11,515 SF (0.26 acres)
General Plan: Service and Special Sales - Downtown Specific Plan (California Drive Mixed Use District)
Zoning: CAR (California Drive Auto Row)
Adjacent Development: Retail, personal service, restaurants and Burlingame Caltrain Station.
Current Use: Automobile sales lot (Ocean Honda).
Proposed Use: Retail, personal service and business service uses in an approved new mixed-use office
building (approved, but not built).
Allowable Use: Permitted uses include automobile sales and service, retail sales of automobile
parts/accessories, government agencies and office and multifamily residential uses above
the first floor. Conditional uses include office uses on the ground floor, hotels and retail,
personal services and business services other than those related to automobile sales or
service.
Environmental Review Status: Proposed uses on ground floor fall within the scope of the previously approved
project which qualified for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA),
per Section 15332, In-Fill Development Projects.
Background: An application for Commercial Design Review and Conditional Use Permits (for office use in a
portion of the ground floor and building height) for a new, four-story mixed-use office building (retail and office)
was originally approved by the Planning Commission on March 12, 2018 (see attached March 12, 2018 Planning
Commission Minutes). A One Year Extension was granted by the Planning Commission on February 25, 2019.
An application for a building permit has been submitted, but has not yet been approved.
Project Description: The mixed-use office building to be constructed will contain 5,387 SF of commercial space
on the ground floor and 28,458 SF of office space on the ground floor and in the three floors above. A portion of
the ground floor office space (720 SF) will be occupied by the Burlingame Historical Society. The office space
on the second through fourth floors will be occupied by either a single tenant or multiple tenants. Tenants for the
office spaces have not yet been determined.
The site is located within the CAR (California Drive Auto Row) District, which has long been known as
Burlingame's "Auto Row". Certain uses are allowed by right in the CAR District, including retail sales of
automobile parts and accessories, retail sales and service of automobiles, and automobile sales lots. The CAR
District also allows government agencies, and multifamily residential and offices uses above the first floor as
permitted uses.
In the applicant's letter dated August 9, 2019, he notes that "With respect to the ground floor uses currently
allowed at the Project, it is limited to solely auto-related uses. This has essentially placed the Project on an
island as it's surrounded by a much more diverse set of uses. As a result, the Project has faced a challenge in
the debt markets related to permit ground floor uses, especially given the large ground floor space that was
designed to enhance the Project and connectivity to the street."
Conditiona/ Use Permit 250 California Drive
In the CAR District, other uses may also be considered with approval of a Conditional Use Permit (Code Section
38.030). With this application, the applicant is requesting approval of a Conditional Use Permit to allow the
following uses on the ground floor of the new commercial building. The ground floor space measures 5,387 SF
in area, and may be occupied by a single or multiple tenants (unknown at this time).
■ Retail sales other than those related to automobile sales or service (C.S. 25.38.030 (b)). These may
include retail uses such as apparel, accessory, stationary, florists, household furnishings, variety stores,
and paint and hardware.
■ Personal services other than those related to automobile sales or service (C.S. 25.38.030 (c)). These
may include personal service uses such as barber and beauty shops, photographic studios, shoe repair,
laundry and dry cleaning services (which do not include on-site processing), and travel agencies.
■ Business services other than those related to automobile sales or service, such as printing services,
mailing services and post office box services (C.S. 25.38.030 (d)). These may include business service
uses such as printing, mailing and post office box services.
Planning staff would note that the requested uses are permitted by right in the adjacent and surrounding zoning
districts (BAC, HMU, and MMU). The portion of the CAR District in which this site is located is adjacent to these
districts (see attached zoning map). Furthermore, these uses are allowed in the CAR District with Conditional
Use Permits (C.S. 25.38.030). Over the years, there have been many non-automobile related business on this
block, including retail sales and service of music instruments, printing services, pet grooming, retail sales of rugs,
a Pez Museum, a wholesale bakery and catering.
Approval of this Conditional Use Permit to allow for these uses would assist the property owner in marketing and
leasing the ground floor commercial space without the delay of processing a Conditional Use Permit, which may
deter potential businesses from occupying the space. At the Burlingame Talks Shop event earlier this year, this
was a concern expressed by property owners and businesses wishing to locate in Burlingame. As a result, staff
is responding to this concern by supporting this approach of reviewing a Conditional Use Permit for these uses.
This approval would eliminate concerns potential businesses may have regarding timing and uncertainty of
approvals of a Conditional Use Permit for any of the uses specified in this application.
250 California Drive
PROPOSED ALLOWED/REQUIRED
Use: retail sales, personal services, and retail sales of automobile parts and
business services other than those accessories
related to automobile sales and retail sales and service of automobiles
service in ground floor commercial automobile sales lots
space (5,387 SF)' government agencies
multifamily residential (above 1 St floor)
offices uses (above 1 St floor)
Off-Street Parking: 106 spaces provided in automated 109 spaces
puzzle parking system Z
' Conditional Use Permit required for retail sales, personal services, and business services other than those
related to automobile sales and service in ground floor commercial space.
Z Parking in-lieu fee, in the amount of $157,402.71 (3 spaces x$52,467.57), will be submitted in-lieu of
providing 3 off-street parking spaces.
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Conditional Use Permit 250 California Drive
Off Street Parking: The approved building consists of 5,387 SF of retail on the ground floor and 28,458 SF of
office on the first through fourth floors. The specific type of retail was not known at the time Planning entitlements
were granted. Off-street parking is required for the retail and office uses in the building. Based on the 1:400
GSF parking ratio for retail uses and 1:300 GSF parking ratio for office uses, a total of 109 off-street parking
spaces were required for this building.
A total of 106 parking spaces will be provided on-site in an automated puzzle parking system. Planning staff
would note that 98 parking spaces were provided at the time Planning entitlements were granted, however
adjustments to the puzzle parking system since then have increased the number of spaces provided to 106;
therefore there is a balance now of only three parking spaces.
The balance of three parking spaces will be covered by parking in-lieu fees paid for by the applicant. A Parking
Variance is not required, as the payment of in-lieu fees is provided as an option through the Downtown Specific
Plan for projects within the parking sector. The parking in-lieu fee for the proposed project is $157,402.71 (3
spaces x $52,467.57).
With this application, there is no change or intensification of uses that would require additional on-site parking,
since the parking ratio for the proposed non-auto related retail, personal service and business service uses is
1:400 GSF.
Staff Comments: Planning staff placed this application directly on the action calendar since the requested uses
are permitted by right in the adjacent and surrounding zoning districts (BAC, HMU, and MMU). However, if the
Commission feels there is a need for more discussion, this item may be placed on a future action calendar for a
second review and/or public hearing with direction to the applicant.
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;
e(c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary
(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.
Suggested Findings for a Conditional Use Permit: The project may be found to be compatible with the
requirements of the Conditional Use Permit criteria based on the following:
■ that the proposed retail sales, personal service and business service uses on the ground of the building
to be constructed at 250 California Drive 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,
because the proposed uses exist in the surrounding commercial area and are permitted by right in the
adjacent and surrounding zoning districts;
■ that the proposed uses will meet the city's objective of promoting pedestrian oriented retail activity in this
commercial area and will create an appropriate transition from automobile uses to nearby retail, personal
service and food establishment uses, therefore the proposed uses will be in compliance with the general
plan for the area; and
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Conditional Use Permit
250 California Drive
■ that since the proposed uses are similar to those existing in the CAR, adjacent and surrounding zoning
districts, and shall be required to comply with all the city regulations including building and fire code
requirements, the proposed uses will be compatible with the public's health and safety as well as with the
character of the commercial area.
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:
that retail sales, personal service and/or business service uses other than those related to automobile
sales or service shall be limited to the ground floor of the building at 250 California Drive;
2. that business owners shall apply for and obtain a Burlingame Business License prior to conducting
business on the site; and
3. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, in
effect at time of building permit submittal, as amended by the City of Burlingame.
Ruben Hurin
Planning Manager
c. 20 Hobart LLC, applicant and property owner
Attachments:
Area Zoning Map
Application to the Planning Commission
Applicant's letter of explanation, dated August 9, 2019
Conditional Use Permit Application
Planning Commission Resolution (Proposed)
Notice of Public Hearing — Mailed October 18, 2019
Area Map
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� PLANNING APPLICATION
BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING DIVISION
� 501 PRIMROSE ROAD, 2ND FLOOR, BURLINGAME, CA 94010-3997
� TEL: 650.558.7250 FAX: 650.696.3790 � E-MAIL: PLANNINGDEPTa(�.BURLINGAME.ORG
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Z 250 California Drive 029-213-010 CAR Zoning
0 PROJECT ADDRESS ASSESSOR'S PARCEL #(APN) ZONING
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NAME ADDRESS
I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE INFORMATION GIVEN HEREIN IS TRUE AND CORRECT TO THE BEST OF MY
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AUTHORIZATION TO REPRODUCE PLANS
I HEREBY GRANT THE CITY OF BURLINGAME THE AUTHORITY TO REPRODUCE UPON REQUEST ANDIOR POST PLANS SUBMITTED WITH THIS
APPLICATION ON THE CITY'S WEBSITE AS PART OF THE PLANNING APPROVAL PROCESS AND WAIVE ANY CLAIMS AGAINST THE CITY ARISING
OUT OF OR RELATED TO SUCH ACTION (INITIALS OF ARCHITECT/DESIGNER)
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� DESIGN REVIEW (DSR) ❑ FENCE EXCEPTION
❑ HILLSIDE AREA CONSTRUCTION PERMIT ❑ OTHER:
❑ MINOR MODIFICATION
❑ SPECIAL PERMIT (SP)
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dewey land company, inc.
August 9, 2019
VIA EMAIL
Mr. Ruben Hurin
Planning Manager
CITY OF BURLINGAME
501 Primrose Road
Burlingame, CA 94010
Re: 250 California Ground Floor CUP
Dear Rubin:
Enclosed herein please find my Conditional Use Permit Application for an expanded set of ground floor
uses at 250 California Drive in Burlingame ("Project").
The Project is located both adjacent to, and across the street from, a diverse set of ground floor uses,
including business services, retail sales, restaurants, and gyms. These uses are located within the CAR
district, as well as in the HMU and BAC districts, which are adjacent to this site and across the street as
well.
With respect to the ground floor uses currently allowed at the Project, it is limited to solely auto-related
uses. This has essentially placed the Project on an island as its surrounded by a much more diverse set of
uses. As a result, the Project has faced a challenge in the debt markets related to permitted ground floor
uses, especially given the large ground floor space that was designed to enhance the Project and
connectivity to the street.
With this backdrop, we are seeking to have a wider set of ground floor uses, consistent with the
surrounding properties, allowed at the Project. In order to facilitate this in the most objective way
possible, we simply selected the set of approved and allowed ground floor uses across the street (in the
HMU Zoning), and have proposed those same uses as part of this CUP.
Thank you for your consideration.
Very Truly Yours,
DEWEY LAND COMPANY, INC.
A Californ� corporation
yan Guibara
Director of Real Estate � � '��` �, "�,� � �
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CITY OF BURLINGAME
CONDITIONAL USE PERMIT APPLICATION
The Planning Commission is required by law to make findings as defined by the City's
Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the
Planning Commission in making the decision as to whether the findings can be made for your
request. Please type or write neatly in ink. Refer to the back of this form for assistance with
these questions.
1. Explain why the proposed use af the propos�d location will not be defrimental or
injurious to property or improvements in the vicinity or to public health, safety,
general welfare or convenience.
�2. a Tf LL G►'1 e c� .
2.
3.
How will the proposed use be locafed and conducted in accordance with the
Burlingame Genera/ Plan and Zoning Ordinance?
How will the proposed project be compatible wifh the aesthetics, mass, bulk and
character of the existing and potential uses on adjoining properties in the general
vicinity?
Rev 06.2007 Handouts\Conditional Use Permit App.2007.FORM
City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinQame.orq
1. Explain why the proposed use at the proposed location will not be detrimental
or injurious to property or improvements in the vicinity or to public healfh,
safety, general welfare or convenience.
How will the proposed structure or use within the structure affect neighboring properties or structures on those properties? li
neighboring properties will not be affected, state why. Think about traffic, noise, lighting, paving, landscaping sunlight/shade,
views from neighboring properties, ease of maintenance.
Why will the structure or use within the structure not affect the public's health, safety or general welfare?
Public health includes such things as sanitation (garbage), air quality, discharges into sewer and stormwater systems, water
supply safety, and thing which have the potential to affect public health (i.e., underground storage tanks, storage of chemicals,
situations which encourage the spread of rodents, insects or communicable diseases).
Public safetv. How wiil the structure or use tivithin the structure affect police or fire protection? Will alarm systems or sprinklers
be installed? Could the structure or use within the structure create a nuisance or need for police services (i.e., noise, unruly
gatherings, loitering, traffic) or fire services (i.e., storage or use of flammable or hazardous materials, or potentially dangerous
activities like welding, woodwork, engine removal).
Genera/ welfare is a catch-all phrase meaning community good. Is the proposal consistent with the city's policy and goals for
conservation and development? Is there a social benefit?
Convenience. How would the proposed structure or use affect public convenience (such as access to or parking for this site or
adjacent sites)? Is the proposal accessible to particular segments of the public such as the elderly or handicapped?
2. How will the proposed use be located and conducted in accordance with the
Burlingame General Plan and Zoning Ordinance?
Ask the Planning Department for the general plan designation and zoning district for the proposed project site. Also, ask for an
explanation of each. Once you have this information, you can compare your proposal with the stated designated use and
zoning, then explain why this proposal would fit accordingly.
3. How will the proposed project be compatible with the aesthetics, mass, bulk
and character of fhe exisfing and pofential uses on adjoining properties in the
general vicinity?
How does the proposed structure or use compare aesthetically with existing neighborhood? If it does not affect aesthetics,
state why. If changes to the structure are proposed, was the addition designed to match existing architecture, pattern of
development on adjacent properties in the neighborhood? If a use will affect the way a neighborhood or area looks, such as a
long term airport parking lot, compare your proposal to other uses in the area and explain why it fits.
How does the proposed structure compare to neighboring structures in terms of mass or bulk? If there is no change to the
structure, say so. If a new structure is proposed, compare its size, appearance, orientation, etc. with other structures in the
neighborhood or area.
How will the structure or use within the structure change the character of the neighborhood? Think of character as the image
or tone established by size, density of development and general pattern of land use. W ill there be more traffic or less parking
available resulting from this use? If you don't feel the character of the neighborhood will change, state why.
How wili the proposed project be compatible with existing and potential uses in the general vicinity? Compare your project with
existing uses. State why you feel your project is consistent with other uses in the vicinity, and/or state why your project would
be consistent with potential uses in the vicinity.
Rev 06.2007 Handouts\Conditional Use Permit App.2007.FORM
Proposed Uses for 250 California on the ground floor space:
(a) Retail uses which achieve contiguous, pedestrian-oriented, retail frontage such as drug,
liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household
furnishings, and furniture.
(b) Personal services, such as barber and beaury shops, photographic studios, shoe repair and
laundry and dry cleaning services which do not include on-site processing.
(c) Business services, such as printing services, mailing services and post office box services.
(d) Travel agencies.
l• Exp/oin why the proposed use at the proposed /ocation will not be detrimenta/ or injurious to property
or improvements in the vicinity or to public hea/th, safety, genera/ welfare or convenience.
The proposed uses will not be detrimental or injurious to property or improvements in the vicinity as
they simply expand the possible uses of the ground floor space to be consistent with the zoning across
the street, and the adjacent uses and the general goals to support activated ground floor space so close
to the core of Downtown. The proposed uses are not a threat to public health, safety, or general
welfare, as they only serve to enhance convenience of residents, employees, and visitors in Downtown.
2. How will the proposed use be located and conducted in accordance with the Burlingame General P/an
and Zoning Ordinance?
The proposed uses are consistent with both the Burlingame General Plan, as well as the Zoning
Ordinance. Further, the proposed uses are consistent with surrounding uses on the adjacent parcels,
including those both adjacent and across the street from the project.
3. How will the proposed project be compatible with the aesthetics, mass, bu/k and character of the
existing and potentia/ uses on adjoining properties in the genera/ vicinity?
The proposed use does not affect the aesthetics, mass, or bulk of the adjoining properties in the general
vicinity as it does not change any of the physical characteristics of the project. With respect to the
character, the proposed uses continue to enhance the character of the project, as its closer to
Downtown than the rest of the CAR district and these uses will help establish an active ground floor.
Further, with only one (1) exception, there are no other auto uses on the block where the project is
located, or the block directly across the street.
m.'
RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, an application has been made for a Conditional Use Permit to allow retail, personal
service, and business service uses on the qround floor of an approved new commercial buildinq at 250
California Drive, Zoned CAR, 20 Hobart LLC, 240 Lorton Avenue. Fourth Floor, Burlinqame CA
94010, propertv owner, APN: 029-213-010;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
October 28, 2019, at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing;
NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that:
On the basis of the Initial Study and the documents submitted and reviewed for the originally
approved new mixed-use building, and comments received and addressed by this Commission, it is
hereby found that there is no substantial evidence that the project set forth above will have a
significant effect on the environment, and categorical exemption, per CEQA Section 15332, In-Fill
Development Projects, is hereby approved.
2. Said Conditional Use Permit was 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
I, , Secretary of the Planning Commission of the City of
Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular
meeting of the Planning Commission held on the 28th dav of October, 2019, by the following vote:
Secretary
EXHIBIT "A"
Conditions of Approval for Conditional Use Permit
250 California Drive
Effective November 7, 2019
Page 1
that retail sales, personal service and/or business service uses other than those related
to automobile sales or service shall be limited to the ground floor of the building at 250
California Drive;
2. that business owners shall apply for and obtain a Burlingame Business License prior to
conducting business on the site; and
3. that the project shall meet all the requirements of the California Building and Uniform
Fire Codes, in effect at time of building permit submittal, as amended by the City of
Burlingame.
. CITY OF BURLINGAME
' COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD
BURLINGAME, CA 94010
��ti ' ' PH: (650) 558-7250 • FAX: (650) 696-3790
www.burlingame.org
Site: 250 CALIFORNIA DRIVE
The (ity of Burlingame Planning Cammission announces the following
puhlic hearing on MONDAY, OCTOBER 28, 2019 at 7:00 P.M. in
the (ity Hall Council Chambers, 501 Primrose Road, Burlingame, CA:
Application for a fonditional Use Permit to allow retail, personol
service, and business services in a previously approved new
commercial building (not 6uilt yet) at
250 CALIFORNIA DRIVE zoned CAR. APN 029.213.010
Mailed: October 18, 2019
(Please refer to other side)
PUBLIC HEARING
NOTICE
Citv of Burlina�
A copy of the application and plans for this project may be reviewed priar to
the meeting at the Community Developmen# Department at 501 Primrose
Road, Burlingame, California.
If you challenge the subject applicatian(s) in court, 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 wha receive this notice are responsible for informing their
tenants about this notice.
For additional information, please ca11 (650) 558-7250. Thank you.
Kevin Gardiner, AICP
Community Development Director
PUBLIC HEARING NOTICE
(Please refer to other side)
250 California Drive
300' noticing
APN #: 029.213.010
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