HomeMy WebLinkAbout216 California Drive - Staff ReportItem #
Action Calendar
City of Burlingame
Conditional Use Permit for Non Auto Related Use in Subarea D
Address: 216 California Drive Meeting Date: 3/8/04
Request: Conditional use permit for non-auto related use in Subarea D at 216 California Drive, C-2, Subarea D- Auto
Row (C.S. 25.38.031(2)).
Applicant: Sonya Hung, Butterfly Cakes APN: 029-213-030
Property Owner: Baum Trust Lot Area: 13, 186 SF/0.30 Acres
General Plan: Service & Special Sales Zoning: G2, Subarea D
Adjacent Development: Auto Sales, Computer Store, Pet Grooming, Car Stereo Installation
CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing facilities, Class 1(a), interior or exterior
alterations involving such things as interior partitions, plumbing, and electrical conveyances.
Previous Use: Restaurant/Deli
Proposed Use: Catering Kitchen
Allowable Use: Automobile Sales, Service, and Storage
History: On September 21, 1982 the Planning Commission approved a special permit (now a conditional use permit) for
a delicatessen restaurant (Ercolini's Pasta Bravo) at 216 California Drive, Subarea D(auto row). The business had
counter service and seating for about 25 people, with 75-85% of the customers being walk-in customers, open 8 am-Spm
Monday-Saturday, with one part-time and two full-time employees. In August 1984 the Planning Department allowed the
Pasta Bravo kitchen to be used by a separate user (Dorothy Hepe) for baking cakes, with no amendment to the approved
special permit. This use was allowed provided that seven conditions were met, including that the kitchen only be used
when the deli was closed, with no employees or retailing from the site.
Business license records indicate that between 1999 and 2003 that a portion of this space accessed from California Drive
was subleased to auto related (parts) retailers, however Erocolini's Pasta Bravo has retained a business license and kitchen
area accessed from West Lane for this site since 1982. The applicant has stated that the approved deli close in Apri11999
at which time they continued operating their business in the rear of the space in the form of catering services and
preparing school lunches. Since March 2003 the front portion of the tenant space has been vacant. The current proposal
is to use the entire tenant space for catering.
Study Meeting: At the September 22, 2003 Planning Commission study meeting, the Commission had the following
questions:
• How often are deliveries made from each of these businesses to their customers and at what time of day;
• Provide a copy of the lease for the railroad property used for parking for this building on West Lane, what are the
terms of the agreement;
• Clarify a maximum of four people on site at one time, is this cumulative or for each business;
• Given full and part time employees, could have 8 people on site at one time, explain how frequently the maximum
number would be on site and what that number is including full and part time.
The Planning Commission set the item for action when the information requested has been provided.
Since the study meeting, the applicant, Steve Ercolini, has reduced his hours and staff for this catering business. He will
only be using the site on a part-time basis and has transferred his application and primary tenancy to Sonya Hong of
Butterfly Cakes. Sonya Hong has submitted revised application materials and is proposing to use the space for the same
use, as a catering kitchen. Please see the summary below for the revised data on this business and a response to the
questions raised at the study meeting.
Conditiona! Use Permit 216 Ca[iforuia Drive
Summary: The applicant is proposing to operate a catering kitchen at 216 California Drive, zoned C-2, Subarea D. Any
retail use other than those related to automobile sales, service, and storage are allowed only with a special permit in
Subarea D.
The proposed business will occupy the entire 920 SF space. There are no exterior changes proposed, so Commercial
Design Review is not required for this proj ect. There are no interior alterations proposed other than installing work tables,
shelving and some cooking equipment. The applicant is proposing to install a sign and an awning, which require a
separate permit that will be reviewed by planning staff. The kitchen is existing from the previous use of the site,
Ercolini's Pasta Bravo. The catering kitchen will still be used by two businesses, Sonya Hong of Butterfly Cakes, who
will be the primary tenant and Steve Ercolini, of Ercolini's, part-time catering.
Steve Ercolini will be operating his catering business only three days a week, Tuesday, Wednesday and Thursday from
7:30 a.m. to 2:00 p.m.. He will no longer have employees and will be the sole employee for his business. He prepares
school lunches for both Burlingame and Hillsborough School Districts. Deliveries to customers of Steve Ercolini will be
done between 11:00 a.m. and 11:45 a.m. on Tuesdays, Wednesdays and Thursdays using the company delivery van. Steve
Ercolini's business will receive about 2 supply deliveries per month.
Sonya Hong will now be the primary tenant at 216 California Drive, operating her business, Butterfly Cakes from the site.
This is a very small company that produces custom designed wedding and celebration cakes. This business is not open to
the public, and operates by appointment only. Most of the business is preparing wedding cakes, which are delivered
directly to the reception sites, therefore there are very few customers who actually come to the site. There are usually
about five weddings cakes prepared each weekend. Deliveries to customers are done mostly on Saturdays and are usually
done between 1:00 p.m. and 5:00 p.m., with about 10% occumng on Sundays. Ms. Hong does the deliveries herself and
loads up all of the deliveries in her van at once and then makes all of the stops needed for that day. If it is a really busy
weekend her assistant may make one or two deliveries if necessary. There are some meetings on the site with customers
for tasting and design consultations, with and average of seven appointments per week. The standard hours of operations
will be Tuesday through Saturday from 9:00 a.m. to 5:00 p.m.. Presently Ms. Hong has only one part-time employee that
will work Wednesday through Friday. She plans to hire a second part-time employee in the summer to work `1'hursday,
Friday and a half day on Saturday doing deliveries. Ms. Hong picks up most the supplies needed for her business herself,
but does get about 2 deliveries of supplies per month.
The maximum number of people expected to be on-site at one time is six, including Ms. Hong and Steve Ercolini. The
maximum number of people would only occur on a Thursday or a Friday when Steve Ercolini is working and both of the
part-time employees for Butterfly Cakes are also working.
This number includes:
1) Sonya Hong;
2& 3) Butterfly Cakes, two part-time employees;
4& 5) two customers of Butterfly Cakes;
6) Steve Ercolini.
The property is a through lot with frontage on California Drive on the west side and West Lane on the east side, at the
rear. There are a total of six retail spaces (including 216) that are on this parcel. Four of the spaces (including 216) front
on California Drive and two of the spaces front on West Lane. The adjacent uses along California Drive include a rug
store, a computer store, and the Pez Museum which is a part of the computer store space. The businesses at the rear of
the parcel along West Lane include a pet salon and a car stereo and alarm store.
2
Conditional Use Permit
216 Ca[iforitia Drive
A table has been provided listing the adjacent businesses, hours of operation and number of employees.
NAME OF BUSINESS HOURS OF NUMBER OF
OPERATION EMPLOYEES
Heriz Rugs 6 days a week 3
10:00 a.m. — 7:00 .m.
PEZ Museum 6 days a week 2
10:00 a.m. — 6:00 .m.
Bark Station Tuesday — Friday 2
7:00 a.m. — 5:00 .m.
Rock-n-Roll Auto Stereo 6 days a week 2
9:00 a.m. — 6:00 .m.
The building is non-conforming with no on-site parking available because it was built prior to the code requirements for
on-site parking. The parking requirement for an eating establishment is one parking space per 200 SF, and for retail uses
it one parking space per 400 SF. Based upon this standard, 5 on-site parking spaces were required for the restaurant use
and 3 parking spaces were required for the retail uses (total 8 parking spaces). The proposed use is not classified as an
eating establishment since there are no tables, chairs or waiter service involved. There is no classification for a catering
kitchen, and the personal service standard is applied for parking calculation at one space per 400 SF. There is no
intensification in use, and the business is not open to the public, so there is no increase in the parking demand.
The building owner leases unimproved land adjacent to the Caltrain railroad tracks behind the building across West Lane,
which is available for customer and employee parking. The leased area is not paved or striped so the exact number of
spaces is unclear, but is estimated at about 20 spaces. The lease had been in effect since 1981. Public parking is available
on the street and in Lot V, across Burlingame Avenue from the site and in Lot M, across California Avenue from the site.
A copy of the lease for the railroad property used for parking for this building is attached for reference.
Proposed Existing Allowed/Req'd.
Use: *Catering Kitchen Catering Kitchen — Auto Related Sales, Service, and
(portion previously subleased for Storage- all non-auto related uses require
auto related retail sales) a Conditional Use Permit
Parking 0 0 3 spaces-
No change (non-conforming) (1 space per 400 SF of personal service)
* Conditional Use Permit required for all non-auto related uses in the C-2, Subarea D zoning district
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;
Coi:ditio�ial Use Permit 216 California Drive
(c) the Planning Commission may impose such reasonable conditions or resh-ictions 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 hold a public hearing. Affirmative action should be
taken by resolution and should include conditional use fndings. The reasons for any action should be clearly stated. At
the public hearing the following conditions should be considered:
Conditions:
that the project shall be built as shown on the plans submitted to the Planning Department and date stamped
August 28, 2003, floor plan;
2. that the entire tenant space of 920 SF shall be used for catering businesses (one part-time), not open to the public,
any change to this number of businesses or their hours of operation shall be reviewed by the Planning Department
and may require Planning Commission approval;
that the primary catering business shall have hours of operation Tuesday through Saturday from 9:00 a.m. to 5:00
p.m. with a maximum of 3 employees, and that the secondary, part-time catering business shall have hours of
operation Tuesday, Wednesday and Thursday from 7:30 a.m. to 2:00 p.m. with a maximum of one employee;
4. that the maximum number of employees on site at any one time shall be 3 people; with a maximum of 6 people
(including employees, business owners, and customers) on the site at any one time;
that there shall be no retail sales of cakes from this location;
6. that there shall be no walk-in customers, and that customers shall come to the site by appointment only;
7. that all signage shall require a separate permit from the Planning and Building Departments;
that any improvements for the use shall meet all California Building and Fire Codes, 2001 Edition, as amended by
the City of Burlingame.
Catherine Barber
Planner
c: Sonya Hong, applicant & business owner
4
Date:
Project Comments
8/28/03
To: ❑ City Engineer
❑ Chief Building Official
C�'Fire Marshal
❑ Recycling Specialist
❑ City Arborist
❑ City Attorney
Planning Staff
Request for conditional use permit for non-auto related use
(commercial kitchen for catering business) in subarea D at 216
California Drive, zoned C-2, Subarea D, APN:029-213-030
9/2/03
From:
Subject:
Staff Review:
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Type of application: Design Review Conditional Use Permit� Variance
Special Permit Other Parcel Number:
Project address:
APPLICANT
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PROJECT DESCRIPTION:
AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information
given herein is true and conect to the best of my knowledge and belief.
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I know about the proposed application and hereby authorize the above applicant to submit this
application to the Planning Commission.
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Date submitted:
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APPLICAT�ON TO THE PLANMNG CON�MISSION
Type u[ �gpll¢ation: Daoign Review Corniicional Uec Pbrmit,� Vuiuice
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City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin am�e.or_g
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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. �� Q��, I
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1. Explain why the proposed use at the proposed location will not be detrimental or injurious to 5���
property or improvements in the vicinity or to public health, safety, general welfare or
con venience. .. .
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2. How will the proposed use be located 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 aesthetics, mass, bulk and character of
the existing and potential uses on adjoining properties in the general vicinity?
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City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin�.org
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 health, safety, general welfare or
convenience.
How will the proposed structure or use within the structure affect neighboring properties or structures on those properties? If neighboring
properties will not be affected, state why. Think about traffic, noise, lighting, paving, landscaping sunlighdshade, 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 wluch encourage
the spread of rodents, insects or communicable diseases).
Public safetv. How will the structure or use within 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).
General wel are 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 Ordinanc�?
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 the existing and potaztial uses on adjoining propa�ties 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. Will 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 will 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.
CUP.FRM
Application of Sonya Hong, Butterfly Cakes
1. My business, Butterfly Cakes, produces custom-designed wedding cakes and
other celebration cakes that are made to order. We work by appointment only and
are not open to the public. The vast majority of the cakes are delivered.
Therefore, there will not be an increase in traffic to the space or an impact on the
amount of parking available. I do not plan on making any modifications to the
interior or exterior of the space, other than the addition of work tables, shelving
and some equipment and the addition of a sign & awning. Overall, I do not
believe that my proposed use of the space will have an impact on the neighboring
businesses.
2. My intended use is not in accardance with the current zoning, as I understand the
current zoning to be for auto-related use. However, a commercial kitchen,
Ercolini's, has been operating in the space for the last 20 years. My use of the
space will be substantially the same as the last 20 years.
3. Most of the busuiesses in the building, as well as those across the street from the
building, are not auto-related. There is a carpet retailer, pez/candy store,
interior/home decorating store and a dog grooming business. Across the street
there is a furniture consignment store and a kitchen appliance store. No changes
to the building are proposed other than a sign and awning.
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City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin ag me.org
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1. Proposed use of the site
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2. Days and hours of operation � L�,�,� -�i�' . C� —,�
3. Number of trucks/service vehicles to be parked at site (by type)_ � — S U ti�
4. Current and ro'ected maximum number of em lo ees includin owner) at this location:
Existing In 2 Years In 5 Years
Hours of AM to After 5:00 AM to After 5:00 AM to "After 5:00
Operation PM PM PM PM PM PM
Weekdays 1 � �
Full-time
Part-time ,I � �
Weekends
Full-time
Part time � � �
5. Current and ro'ected maximum number of visitors/customers who may come to the site:
Existing In 2 Years In 5 Years
Hours of
Operation
Weekdays
Weekends
AM to After 5:00
PM PM
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PM PM
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6. What is the maximum number of peopl�9 ;,xpected on site at any one time (include owner,
employees and visitors/customers):_ .� ., }? Wi (Q � ri (�, L1,�Gl �i� 5-14,u� �'7�C l lru
7. Where do/will the owner and employees park?�SS�G���,I,e�Ci�iG; [�� `�� ��'Q.�
8. Where do/will the customers/visitors park? V1�1 teo� �1(�.�'{r:tr1G; OrLt �2�0�'✓1,�R. G,� (yy� ��
9. Present or most recent use of site
10. List of other tenants on property their number of employees, hours of operation (attach list if
necessary) �' . PQ,�� �.P Q_ �(._Cr l�'U S Gl �';i (�.��Vi,
COMMERCIAL APPLICATION'�a� E I V E I�
PLANNING COMMISSION APPLICATION SUPPLEMENT
JAN 2 1 2004
COMMERCIAL.FRM
Application of Sonya Hong, Butterfly Calces
Answers to questions Commissioner asked on 9/23/03
L How often are deliveries made from each of these businesses to their customers
and at what time of day?
Ercolinis: Tuesday, Wednesday and Friday at 11:00 a.m.
Butterfly Cakes: Wedding cakes are delivered in the afternoon on Saturdays and
on some Sundays
2. A copy of the lease for the railroad property used for parking for this building is
attached.
3. What is the maximum number of people on site at any one time, if both
businesses are counted?
Butterfly Cakes currently employs 1 part time employee who works Wed. through
Friday. Butterfly Cakes anticipates hiring another part time employee to work Thurs.,
Fri. and Sat.
Steve Ercolini works in the space Tues., Wed. and Thurs. from 7:30 — 2:00. He
currently does not have any employees working with him and he doesn't work any
weekends.
Therefore, including both Sonya and Steve, and Butterfly Cakes' one employee, plus
the anticipated second employee, the maximum number of people on site at any one
time would be 4. If Sonya is meeting with a bride and groom to discuss a wedding
cake and everyone (all employees and Steve are present), the maximum would be 6.
However, Sonya takes an average of only 6-7 appointments per week, and each
appointment consists of 2 people (usually a bride & groom). It would be rare that all
persons (Sonya, Steve, Butterfly's 2 employees, and 2 customers of Butterfly would
be present at any one time).
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January 14, 2004
Ms. Catherine Barber
City of Burlingame — Planning Dept.
City Hall, 2"d Floor
501 Primrose Road
Burlingame, CA
Re: Conditional Use Permit for
216 California Drive
Dear Catherine,
Per our phone conversation a few weeks ago, please find enclosed a new application for a
Conditional Use Permit far non-auto related use for the location, 216 California Drive. Also
enclosed is a letter from Steve Ercolini transferring his application to me, as I am the current
primary tenant of the space.
The proposed use of the space is for my business, Butterfly Cakes. We are a very small company
that produces custom-designed wedding cakes and celebration cakes. Our business is not open to
the public and I work by appointment only. The vast majority of our business is wedding cakes;
therefore, almost all our cakes are delivered to the reception site. Very few of our customers will
be coming to the site, thus there will not be an impact on traffic to the location or parking in the
area. I do meet with customers for tastings and design consultations. However, the average
number of appointments I take per week is only 7. Furthermore, my hours of operation at the
location are Wed. through Saturday. [ have one part time employee who works Wed. through Fri.
In the summer, I plan on hiring another part time employee to work Thurs., Fri. and half of
Saturday doing deliveries.
Steve Ercolini, as you know, has been operating Ercolini's catering in the back of the space for
the last 20 years. Since the time he originally submitted this variance application back in August
2003, his hours and staff have been reduced. He currently works only three days a week (Tues.,
Wed. and Thurs.) from 7:30-2:00 pm, and he no longer has any employees.
If you need any further information, please contact me at (415) 713-7601 ar email me at
sonva(a�butterfl,ycakes.com. I look forward to hearing from you.
S incerely,
�� V
Sonya ong
`-;��;�iVED
,IAN 2 1 2004
3�s6'1�ur�Blvd, l:ll ` li� 3URLINGAME
San F�ranciscyCa�ifornia 9Q> >�3 F'! G' I'1iV�NU DEPT.
(��5)��3-�60�
son vaCd1>��ttcrE�Ycakcs.com
Steve Ercolini
216 California Drive
Burlingame, CA 94010
January 7, 2004
City of Burlingame
Planning Department
501 Primrose Road
Burlingame, CA 94010
To Whom It May Concern:
On August 1 l, 2003 I submitted an application for a Conditional Use Permit for non-auto
related use for the business location, 216 California Drive. I hereby transfer the
application to the new primary tenant of 216 California Drive, Sonya Hong of Butterfly
Cakes.
Since�l�,�^ � �
_ � �2.,:.� /� �� _
Steve Ercolini
�� �.�. �. �' � = �'� E D
, i n F�a > s 2004
�,�i�Y i.�= BUf<��iNGAME
N�.�;;JiVING DEPT.
City oJBurlingame Planning Commission Minutes September 22, 2003
4. 216 CALIFORNIA DRIVE, ZONED C-2, SUBAREA D— APPLICATION FOR CONDITIONAL USE
PERMIT FOR A NON-AUTO RELATED USE (CATERING KITCHEN) (STEVE ERCOLINI,
APPLICANT; BAUM TRUST, PROPERTY OWNER) PROJECT PLANNER: CATHERINE BARBER
CP Monroe presented a summary of the staff report. Commissioners asked:
• How often are deliveries made from each of these businesses to their customers and at what time of
day;
• Provide a copy of the lease for the railroad property used for parking for this building on West Lane,
what are the terms of the agreement;
• Clarify a maximum of four people on site at one time, is this cumulative or for each business;
• Given full and part time employees , could have 8 people on site at one time, explain how frequently
the maximum number would be on site and what that number is including full and part time.
Chair Bojues set this item for action when all the information has been provided, reviewed by the Planning
staff, and there is space on the agenda. This item concluded at 7:30 p.m.
VII. ACTION ITEMS
��
Con t Calendar - Irems on consent calenriar are considered to be routi'h� They are acted on simultaneously unless
separate ' cussion and/or action is requested by the applicant, a member of the publi� or a commissioner prior to the time the
commission votes on the motion to a�lopt.
Chair Bojues asked if anyone in the audience or on the Commission wished to call any item off the consent
calendar. There were no requests from the audience or the Commission.
5. 14� BURLINGAME AVENUE, ZONED C-1 SUBAREA A— APPLICATION FOR COMMERCIAL
DESIGN REVIEW FOR A TENANT IMPROVEMENT. (THE WHITE HOUSE, 1NC., APPLICANT;
JOHN ROBERTS, ARCHITECT; VENTANA PROPERTY SERVICES, PROPERTY OWNER) (30
NOTICED) PROJECT PLANNER: ERIKA LEWIT
C. Keighran moved approval of the consent calendar based on the facts in the staff report, commissioners
comments and the findings in the staff report with recommended conditions in the staff report and by
resolution. The motion was seconded by C. Auran. Chair called for a voice vote on the motion and it
passed 7-0. Appeal procedures were advised.
� �
VIIL RE�ULAR ACTION ITEM
6. 1509 LOS ALTOS DRIVE, ZONED R-1— APPLICATION FOR HILLSIDE AREA CONSTRUCTION
PERMIT AND SIDE SETBACK VARIANCE FOR A SINGLE STORY ADDITION (KIMBERLY
STRATTON, APPLICANT AND PROPERTY OWNER; ERNESTO BARRON, AR�HITECT) (46
NOTICED) PROJECT PLANNER: RUBEN HUR1N/MAUREEN BROOKS
Reference staff report 09.22.03, with attachments. CP Monroe presented the report, reviewed criteria and
staff comments. Five conditions were suggested for consideration. All Commissioners noted that they had
visited the subj ect property as well as the properties where owners noted view isst�es. Commissioner noted
that the table in the staff report indicates three existing bedr�oms, it appeaxs that there are four existing
bedrooms; yes, there is an error in the table, the bedroom above the garage is the fourth bedroom.
�?
�,�'�;. -10' 9' (THUI 15 ;10 SAh4TRANS ENG
9
ERC/mIb - �
�� CLI.I Y P� tn- : �
NQs n.e.v� ec��� acv� c� �qbt� P,_003 --�-
- 5111/81 - Burli ame, CD Pro i �
� � �
lApproved os to f�rm by Generol Co��nsel "?. ��%�� 5•2252 1
June I, 19671 �7; `�, ��. � a_ Y
._I A N 2 1 2004 i �(� �,� � E
� L�PJGAME � ����R�'`y
CaMMERCIAL"����d� DEPT '
. ,
•'1�.�' ..�0 . ...............
""•.�."""'..
Ternunates Lease 123018 � � p -
(��tB'i �PFISP, mode this 23rd . day of June
by ond between 9QTlHEF� PACIFIC �'tA1�P�I'ATI�T CI,�,VPANY,
, 19 81,
a corporation, here�n cQlled "Roilroad�', and m i�FqPF�I'Y�S, a General Partnership ecxt�osed
of IIdiVTD KINII+IEL, Fl� gAIM, ��ART�S C�►gg, and F�iA� yVIE�Ei,� �i 1 ing address: 1607
15th Av�nue, Sen Franeisao, CA 9A122, herein jointly and severally
�acat�aa cailed '�Lessee��.
�TtriPBSp��: That Railroad hereby leases to Lessee the premises of Railroad at or near
Burlingeme Station, County �f San M�.teo
State of Cglifornia , shown on arrached print, of Railroad's Coast Division
Drawing No. Ld� 163, Sheet No. 14, as revised Ju1y 17, 1961,
-fvr the term of one (1) year from the l�t doy of �Y , 19 81,
upon the following terms and conditions
1. Railrood reserves for itself, its successors, assigns and licensees, the right to construct, mointpin
and operate ony existing tracks ond existing ond new or odditional pipe, telegroph, telephone dnd
pawer transmission lines upon, over ond beneoth the leosed premises.
2, Lessee agrees to pay rental at rhe rate of
• : i�• y�
Dollars l$ 200.00 �
. - . .. . . - . . . . - . •_.. ._�. ...� •. �� �.... ..�.: ,,,_ ... ..� �.
_ �. .r.��:��: .��A �., .l� •' :�: ��• ,.ld�• :• .�,:�r ,�...�• .l: (� •�• � ,-l.)f•�:�! �.��� q
•;1
'�'��� t•:t 6- P . � ' T !'♦ �- .,f�1 �.ib t� •i. bt q �-/;?• 1.
• '7 1' ••
Any privilege, soles, gross intome or other tvx fnot including income toxl imposed upon the rentols
herein provided to be po�d by the �essee, or upon the Ra�lroad in an omount metisured by the rentc�ls
received by Roilroad, shall be paid by the Lessee, in addition to the amounts set forth herein, whether
such imposition of tax be by The United Stdtes of Americo, the siate in whith the leased premises are
located, or any subdivision or muni�ipality thereof.
3. Said premises sholl be used by Lessee solely and exclusively for the parking of vehicles
of Lessee; its er�loyees, and invitees.
Lessee agrees to comply with all ❑pplitable laws and regulations with respett to the use of the ledsed
premises.
;1PR. =10' 9� (THI�) 15 � 1 i► S�ti�ITRA�S ENt�
P, ooa
6•:5�7 iwT 2
!f the lessee does not, within ninety (90) days, cc�mmence the use vf the leased prem�ses for the pur•
poses herein mentianed, or di5continues such use for a period of ninety (90) doys, Railroad may terminote
this lease on fifteen (15} days' wriNen noiice.
Lessee agrees not to pile or store or permit to be piled or stored upan the leosed premises, oviaisi�x�t�c
�X�x��x��caatlna�dxtc�cl� ony gunpowder, d n�mite
terial. Y , gasoline pr otf,er explosive substance or mo-
d. Lessee agrees to keep the lepsed premises pnd all bu►ldings and structures thereon free from rubbish
and in a neot ond sofe condition and satisfactory to RailrGod. LesseE shall mointain, vt Lessee's sole cost and
expense, in good condition and rep'vir, sdtisfoctory to Rt�ilroad, ali buildings and structures upon soid leosed
premises, except those owned by the Reilroad. The leased premises and buildings and structures thereon
shall not be used for displaying signs and notices ather th�n those connected with the business of Lessee
cantemplvted by this lease. Such notices and signs shoN be neat �nd properly maintained. Railroad sholl ho�e
the right to enter ihe ieased premises ot reosonpble times fo inspect the some,
S. Lessee agrees to poy, before they become delinquent, all toxes and assessments dgoinst the leased
premises, or which might become e lien thereon, by reason of pny buildings, str�ctures or other property,
reai or personaf, on the leosed premises (except those owned by Railroad), or by reason of Lessee's activi-
ties. Railrood mvy at its option pay such taxes or ossessments, and such payment5 will be repaid by Le«ae
on demond.
6. In tF�e event Lessee sholl not promptly correct any default by Lessee hereunder ofter receipt of no-
tice of such default from Railroad, Railroad shall hove the right to terminate this lease forthwith and to re•
toke possession of the leased premises. Wpiver of any defaulf shall not be construed as a waiver of o subse•
quent or continuing default. Terminotion of this lease shali not affect ony liability by reason of ony oct, de•
fault or occurrence prior to such termination,
7. Upon the expiration or termination of this leose, or ony extension or renewol thereof, Lessee, with-
out further notice, sholl deiiver up to Reilrood the po�session of the ledsed premises. Lessee, if nat in de-
fault hereunder, shall be entitled, at any time prior to su<h expirt�tion or iermination, to remove frdm the
leased premises any buildings or structures wholly owned by lessee. Lessee shall �estore svid leased premises
to the condition in which they existed ot !he time Lessee took possession. Upon the fvilure or refusal of
Lessee to remeve from the lecsed premises all bu;ldings, structures and all personal property owned by
Lessee, prior to the expiration or ferminption of fhis lease, said buildings, structures ond persanal property
sholl thereupon, at the option of Railroad, become the sote property of aaiirovd, ar if Railroad so elects it
mpy remove from the leased premises any buiidings, structures and other personal property owned by
Lessee, ond Railroad may also restore the leased premises to substcntivlly the condition in which they exist-
ed at the time Lessee took possession, all dt the expense of lessee, which expense Lessee ogrees to pay
Railrood upon demand. In the event of such fvilure or refusa! of Lessee to surr�nder possession of said
leased premises, Railroad shall have the �ight to re-enter upon said leased premises ond remove Lessee, or
any person, firm or corporatit�n claiming by, through or under Lessee, therefrom.
F�cept as prOvided in Section 26 hereof,
8./Lessee shall not constru�t, reconst�uct or t�Iter struttures of any chpra�ter upon the leased premises
without the prior written consent o{ Railroad. lessee shol) not �ommence any repvirs (except emergency
repairs) until fifteen (13) days after written notice to Railro�ad.
Lessee further agrees not to install or extend ony e(ectrical wires in any Railroad-owried improvements
on the leosed premises witho�t the prior written consent of Railroad.
9. Lessee agrees to arronge and pay for all water, gas, electricity ond other utilities used by Lessee on
the leased premises dired to the comppny providing such service.
10. lessee will fully poy for all materials joined or affixed to the leased premises, and pay in full ol)
persons who perform labor upon the feased premises and will nat suffer pny mechanics' or materiolmen's
liens of ony kind to be enforced ogainst the (eased premises for any work done, or mpterials furnished, at
the Lessee's instance pr request, If any suth liens are filed thereon, Lessee agrees to remove the same pt
Lessee's own cost and expense and to pay eny judgment which may be entered thereon or thereunder.
.�P�R, -10' 9� ('fHl)) 1 �� 11 S�ID'1TR,��S E�IG P, 005
Should the lessee foil, neglect or refuse so to do, Railrood shall hvve the right to poy ony amount requ�red
ta releose ony such lien or liens, or to defend any oction brought thereon, ond to poy ony judgment entered
therein, ond rhe lessee sholl be l;cble tv the Rpilrood for cll costs, damages, and reasonable attarney
fees, ond any amounts expended in defending pny proteedings, or in the payment of any of soid liens or
ony judgment obtained therefor. Roilroa� mey post and mpinfOi� upOn the leased premisei notices of non-
responsibility vs provided by law. .
1 1. In case the leosed premises ar any p�,rt thereof pre in either the Stote of Arizeno or Utah, Lessee
wifl give Railrovd and the lessor of Rdilroad, before cllowing any construction, altervtion or repair to be
done upon the leased premises, a. bond satisfactory in form ond omount pnd to be issued by some suretr
cornpanr to be apprnved by Roilrood, conditioned that the Lessee shall pay or cause to be poid oll con-
troctors, sub•controctors, (aborers, operatives and other persons who may labor ar furnish labor, moterials
or tools in the performonce of such construction, elterotion, or repair.
12. lessee agrees to release and indemnify Railroad from ond against vll liobility, cost and expense for
loss af or domage to property and for injury to or deaths of persons (incl�ding, but not limited to the prop-
erty ond employees of each porty hereto), when arising or resulting from:
(a) the use of said prerr;ises by Lessee, its �gents, employees or invitees, or
(b) breach of provisions of this (ease by Lessee
whether or not ca�sed or contributed to by vny ect or omission, negligent or otherwise, of Railroad, its
employee5, agents, contractors, subcontrQctors or their employees or agents, or ony other perspn.
The term "Railroad" as used in this Section i 2 shall include ihe successors, assi8ns ond affilioted com•
ponies of Railroad and any other roilroad company operating upon Roilroa ' c s. `
.�-�-'c—�...
lessee sht�ll provide Railroad satisfacto evidence of Bodil \
ance tovering lessee's liability under this I ose in omounts not essV h nn$2POOQ,OpO�Combg eddsn� lellimit,
�xcept where prohibited by Ipw, Lessee's Workmen's Compens ion insuronce covering operatio on the
leased premises sholl include a weiver of subrogt�tion against Roilro .
It is ogreed thot the limils of insurdnce spe<ified above are the minimum omounts required by Roilroad
and sholl be subjert to revision from time to time.
13. In tase�l�ait�xk�¢i�t�px�f�lj�t�g suit to compel perfo�mante of, or to recover for breoch of,
dny co�enant, ogreement or tondition herein written fk��[ will pvyXl€�d#�pd reasonpble attorney fees
in addition to the amount of judgment and tosts. — the losittg party
14, (n cese lessee sholl (excepi by Roilroed) be Ivwfully deprived of the possessiort of the leased prem•
ises or ony pprt thereof, Lessee shall notify Rpilroad in writing, setting forth in fufl the circumstan<es in
reldtion thereto, whereupon Railrr»d may, at its option, either install Lessee in possession of the feosed
premises, or terminate this lease and refund to lessee the pro rata amount of the rental for the unezpired
term of the lease after the receipt of such notice, whereupvn no clairns for domages of whotsoever kind or
thorocter incurred by Lessee by rec,son of such dispossessian shdfl be chargevble against Railrovd.
.15. There is reserved to Railrood the title dnd exclusiv� riaht to all of the minerals and minerol o�es
Of evFry (tifld pnd choracter now known to exist or herevfter dis[overed upon, within or underly;ng so�d
premises, or that moy be prod�ted therefrom, including,without limiting the generality of the foregoing,
olf petroleum, oil, nt�tural gos and other hydro-COrbon substtrnces and products derived therefrom, together
with the exclusive and perpetual right thereto, without, however, the right to use or penetrate the surfvice
of, or to enter upon, said premises within five hundred (500) feet of �he surfa<e thereof, ta extr�cate or
remo�e +he spme.
16. Any notite to be given by Railrood to Lessee hereunder shall be deemed to be properly Xtc�clfx
delivered to Lessee, �6Xif deposited in the post off+te, postpaid, cddressed to lessee at the leosed premises or
to 1pst known cddress.
APR. -10' 97 (THU) 1�� 12 SAh�ITRr�NS ENG P. 0�6
�
� 5 2:5� a
17. Either party hereto may terminc�te this lease upon thirty l3Q) doys� writren notice to the other
porty_ In the evenr of such terminotion by Roi{road, the proportion of rent paid in advante pllotable to
any period after the terminotion date shall be refunded to Lessee,
18. In c�se Lessee holds over the term of this lease, with the consent of Railroad, such holding
over sholl be deemed o tenancy only fram month to month, and upon the same terms ond tonditions
os he�ein stated.
19. Time and spec�fic performance ore eoch of the essence of this leose_
20. Sections 21 ta 27, iqelusive, on the attdehed Insert are hereby ct�de parts of
this lease.
THIS LEASE shall inure to the benefit of and be binding upon the heirs, odministrators, executors,
successors and assigns of the parties hereto, but shall nor be o5signed or s�bleased by Lessee without
the prior written consent of Railroad, wltich consent will not be unre�sonably wi thheld.
IN WITNESS WHEREOF, the parties herero have executed this lease in duplicate the day and yeor
first abQve written.
WITNESSED BY:
� ,�
D�.v i a Kimt�e 1) ,
� v�.
(C�arles Gla s)
9CJITIF�T PACIFIC TRANS�CCRTATICN CQMP NY
d
By
. . �. F�....:_,,
•,:.�. •
C� PF�PFH�IE�=t� �an. P:���.. : . _., �s:::tc
(5M Not�l
r� �uu,t�t_
ank wiese
�LnsN)
NOTE: - If dn incorporated compdny, lease should be executed by an autho�ized officer thereof
and his tirle indicated; otherwise signature should be witnesscd by an employee of Railroad, if prac-
1 I I
�PR: -10' 9 i(THG) 1�� 13 SAD�iTR�iNS ENG
FORM 15-G(A)
($ev.1/B1)
I N$ E R T
P, 001
21. In the event Railroad enters into an agreement with a utility company providing service
to Lessee at the leased premises for Lessee's sole use, Lessee shall pay to Railroad a charge of One
Hundred Twenty-five Dollars ($125) upon receipt of bill therefor to pertially defray administrative
costs.
22. Absence of markers does not constitute a warra.nty by Railroed of no subsurfaee installations.
23. Lessee sh�ll, at its expense, comply with all applieable laws, regulations, rules and orders,
regardless of when they beeome qr became effective, including without Ilmitstion those relating to
health, safety, noise, environmental protection, waste disposal, and wgter and air quality, end furnish
satisfactary evidence of such compliance uPon request of iZeilxosd.
Shottld any discharge, leakage, spiUage, emission, or pollution of any t}►pe oeeur upon or from
the leased premises due to Lessee�s use and occupancy thereof, �,assee, at its expense, shall be
obligated to clean the premises tv the satisf�etion of Railroad and any governmental body having
jurisdiction thereover.
LPssee agrees to indemnify, hold harmless and defend itailroad against all liability, cost and
expense (including without limitation any fines, penalties, judgments, litigation eosts and attorneys'
fees) incurred by Reilroad as a resu]t of Lessee�s breach of this Sectian 23, or as a result of any
such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or
expense arises during or after the lsase term, unless sueh liability, cost ar expense is proxim�tely
caused solely by the active negligence of Railrc�ad. -
Lessee shall pey all amounts due Ftailroad under this Section 23, as &dditional rent, within ten
(10) days after any such amounts become due.
24. Notwithstanding anything to the contrery above �r elsewhere in this lesse, if improvements
on the le�sed premises other then those which are owned by Railroad are not removed and premises
�estored prior to termir,ation date, either by �,essee vr by Railroad at Lessee's eacpense, then this
lease, with all terms contained herein, including the peyment of rental, may, at Railroad's option,
remain in effect until improvements are removed end premises restored.
25. Should this lease eontinue in effect after the term herein provided, Railroad, without prior
notice to Lc�ssee, shall revise the rental then in effect based on the '�CPI Factar," which is defined
herein as that percentage of adyustment or flucttiation to the nearest one-tenth of one percent
established during the twelve-month period immediately preceding the date the revised rental is to
cammence, as stated in the Consumer Prioe Index, Urb&n Wage Barners and Clerieal Workers, U. S.
City Average, All Items (1967 = 100), published by the United States Depertment of Labor, Bureau
of Labvr Statistics, or any successor or substitute index published as e replacement foe that Index by
said Department or by any other United States governmental �gency. Such rental shall be eutomatically
revised on the date immediately following the expirstion d�te of the term of this lease, or any
extensions thereto, and dn the seme date eaah yesr thereafter, unless the rental is subsequently
increased for any reason during the twelve-month period immediately preeeding the anniversary date
vf the last CPI-b�sed revision, in which ca,se the next CPI-based revision may be deferred to the
next anniversary date where no intervening rental inerease occurred within said twelve-month period.
If, for any reason, the rental is not revised at such time es herein speeified, ttie rental shall continue
to be subject to revision by Railroad without prior notice to Lessee and, when so revised, may be
retroactive to the date the revised rental should have become effective.
Notwithstanding the above, Railroad may, at any time upon thirty (30) deys' written notiee to
I�essee, revise the rental then in effeet based upon the fair rentel value of the Premises at the time
of sueh revision.
Nothing in this seetion shall be eor�strued es extending the term of this leese or as waiving in
any way R,ailroad's statutory ri�h� ������,�� o+ �nY +;m� ��+�- +� �r1�1TYil1 I� �� I - I
I
.�PR. -10' 9 �(THU1 1 S� 14 S�D�ITRANS ENf;
� N S E R T
P. 008
26. After the effective -da,te hereof and prior to the use of the leased premises by
Le�ee �'or the purposes herein co�ttemplated, Lessee, at �,essee's sple eost and expense, shall
esect and m&intain a barricade of a size end form s�tisfactory to ftailraad elong the �ack
side of the leased premises. �
27. That eertain le�.se dated October 3, 1961, as subsequently amended, between
�tailroad� predeeessor and Nation&1 Federation df Independent Business, Inc., a eorporatipn,
relating to the leasing of Railroad's predecessor's premises at said Burlingama Station, County
of Sari Mateo, State of Califort�ia, es illustrated on the print attached thereto and made a
part thereof, for the term of one (1) year from Octeber 1, 1961, for the o�n storage of
�utomobiles, is hereby terminated. Said lease is filed in Ra.i]raad's records as Leese Audit
No. 123018.
LeSsee hereby warrants that �essee is the lawful suecessor to said corporation in sa.id �
lease.
Lessee aLso hereby warrants that Lessee has acquired all right, title, and interest in
altd to said �oirpora#ion's improvements and fecilities located upon the leased premises,. and
assumes all obligations t,uider this lease with respect to seid improvements and faeiliti�s,
including the removal thereof upon the expiration or termination of this lease.
s
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RESOLUTION APPROVING CATEGORICAL EXEMPTION
AND CONDITIONAL USE PERMITT
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 for a non-auto related use in Subarea D at 216 California Drive, zoned C-2, Subarea D,
Baum Trust, propertv owner, APN: 029-213-030;
WHEREAS, said matters were heard by the Platuung Commission of the City of Burlingame on March
8, 2004, 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 submittcd and reviewed, and comments
received and addressed by this commission, it is hereby found that there is no substantial evidence that the
project set forth above will have a significant effect on the environment, and categorical exemption, per
CEQA Article 19. Categorically Exempt per Section: 15301- Existing facilities, Class 1(a), interior or exterior
alterations involving such things as interior partitions, plumbing, and electrical conveyances.
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 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 8th day of March, 2004 , by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SECRETARY
EXHIBIT "A"
Conditions of approval for categorical exemption and conditional use permit.
216 California Drive
effective March 18, 2004
that the project shall be built as shown on the plans submitted to the Planning Department and
date stamped August 28, 2003, floor plan;
2. that the entire tenant space of 920 SF shall be used for catering businesses (one part-time), not
open to the public, any change to this number of businesses or their hours of operation shall be
reviewed by the Planning Department and may require Planning Commission approval;
that the primary catering business shall have hours of operation Tuesday through Saturday from
9:00 a.m. to 5:00 p.m. with a maximum of 3 employees, and that the secondary, part-time catering
business shall have hours of operation Tuesday, Wednesday and Thursday from 7:30 a.m. to 2:00
p.m. with a maximum of one employee;
4. that the maximum number of employees on site at any one time shall be 3 people; with a
maximum of 6 people (including employees, business owners, and customers) on the site at any
one time;
that there shall be no retail sales of cakes from this location;
6. that there shall be no walk-in customers, and that customers shall come to the site by appointment
only;
7. that all signage shall require a separate permit from the Planning and Building Deparhnents;
8. that any improvements for the use shall meet all California Building and Fire Codes, 2001
Edition, as amended by the City of Burlingame.
�?4. CITV o� CITY OF BURLINGAME
PLANNING DEPARTMENT
BURLJN�AME 501 PRIMROSE ROAD
,,�• BURLINGAME, CA 94010
TEL: (650) 558-7250
Site: 216 CALIFORNIA DRIVE
Application for conditional use permit for a
non-auto related use at: 216 CALIFORNIA
DRIVE, zoned C-1, Subarea D. (APN: 029-
213-030).
The City of Burlingame Planning Commission
announces the following public hearing on
Monday, March 8, 2004 at 7:00 P.M. in the
City Hall Council Chambers located at 501
Primrose Road, Burlingame, California.
Mailed: February 27, 2004
(Please refer to other side)
A copy of the a
to the meeting
Burlingame, Cal
If you cha]
raising onl:
described i
at or prior t
Property c
tenants at
558-7250.
Margaret M�t
City Planner
--- ._ . . _, ., ...,�.�_.i r
�.�., . . . _� _ .�- _._� .
PUBLIC HEARING
NOTICE
y be reviewed prior
1 Primrose Road,
be limited to
blic hearing,
d to the city
ming their
call (650)
(Please refer to other side)
CITY OF B URLINGAME
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