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HomeMy WebLinkAbout216 California Drive - Staff ReportCity of Burlingame Conditional Use Permit Amendment Address: 216 California Drive Item No. � Consent Calendar Meeting Date: October 22, 2012 Request: Amendment to Conditional Use Permit to change the hours of operation of an existing Conditional Use Permit for a non-auto related use (catering) in the CAR (California Auto Row) Zone. Applicant: Jill Daniel, Dinner-Licious Property Owner: Sam Samson, C and D Properties General Plan: Service and Special Sales APN: 029-213-030 Lot Area: 12,317 SF Zoning: CAR Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15301, which states that existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination are exempt from environmental review. Existing Use: Catering business — Butterfly Cakes Proposed Use: Catering business — Dinner-Licious Allowable Use: Auto sales and service 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) (now zoned CAR). The business had counter service and seating for about 25 people, with 75-85% of the customers being walk-in customers, open 8 am-5pm 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 had retained a business license and kitchen area accessed from West Lane for this site since 1982. In 2004, a Conditional Use Permit for a catering business to use the entire space for catering purposes was approved by the Planning Commission (see attached approval letter, dated March 19, 2004). Project Description: The applicant, Dinner-Licious, is requesting a Conditional Use Permit Amendment to change the hours of operation to an existing Conditional Use Permit for a non-auto related use (catering business) at 216 California Drive, zoned CAR (California Auto Row). Within the CAR Zone, a Conditional Use Permit is required for non-auto related retail, personal service and other commercial uses (CS 25.38.030). The applicant is proposing to continue the use of the existing 920 SF space as a commercial catering kitchen. Dinner-Licious produces health minded dinners and delivers them directly to their customer's homes. The business will not be open to the public and will take orders through e-mail, phone calls and through the company's website. This location will be used as a food production facility only. The proposed business will be open on Monday through Friday from 7:00 am to 7:00 pm. Initially, the applicant expects 3 employees on-site per day. Within the next five years, the applicant expects the number of employees on-site per day to increase to 7. The maximum number of people expected on site at any one time for this business, including the owner and employees, is estimated to be 7 persons. The existing building has no on-site parking spaces. The proposed catering kitchen use would be replacing an existing catering kitchen business. Because there are no changes proposed to the building (interior or exterior), there is no change proposed to the use breakdown of the building. Therefore, no additional on-site parking is Conditiona/ Use Permit Amendment 216 California Drive required for the proposed catering kitchen business. All other Zoning Code requirements have been met. The applicant is requesting the following application: ■ Amendment to Conditional Use Permit for a non-auto related use (catering business) in the CAR (California Auto Row) Zone (CS 25.38.030). 216 California Drive Lot Area: 12,317 SF Plans date stam ed: Se tember 27, 2012 Existing Proposed Allowed/Required Use: Catering Kitchen Catering Kitchen' Conditional Use Permit (cakes) (dinners) for non-auto related use __ _ _ _........_ _ _ _ ____ . : ...._ .. _........ __ _.__ ... __ _ . _ Area: 920 SF kitchen/prep ; no change n/a __....... _ _ : ........ _ ....... _.. . ...._ ... Hours of Operation: Tuesday — Saturday Monday — Friday n/a 9:00amto5:00pm ` 7:00amto7:00pm _ _ _ _ __ _._ _. .... _ _ _ _ . _. . ......_ _ ...... no additional on-site parking Parking: none no change required — no intensification of use proposed ' Conditional Use Permit for a non-auto related use (catering business) in the CAR (California Auto Row) Zone (CS 25.38.030) Staff Comments: Planning staff would note that because of the nature of the request, it was determined that this request could be brought forward directly as a Consent item. If the Commission feels there is a need for more discussion, this item may be pulled off the Consent Calendar for further discussion and action. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c): (a) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped September 27, 2012, floor plan; 2. that the entire tenant space of 920 SF shall be used for a catering business, not open to the public, any change to the number of businesses or their hours of operation shall be reviewed by the Planning Department and may require Planning Commission approval; 6►� Conditional Use Permit Amendment 216 California Drive 3. that the catering business shall have hours of operation on Monday through Friday from 7:00 a.m. to 7:00 p.m. with a maximum of 7 employees; 4. that the maximum number of people on site at any one time (including employees, business owners, and customers) shall be 3 people; 5. that there shall be no retail sales 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; 8. that any improvements for the use shall meet all California Building and Fire Codes, 2010 Edition, as amended by the City of Burlingame; and 9. that the applicant shall submit a copy of the current lease agreement between the property owner of 216 California Drive and Caltrain for the parking spaces provided at the rear of the subject property that are available for use by employees and customers on the site. Erica Strohmeier Associate Planner c. Jill Daniel, 4 Camino Vista Ct., Belmont, CA 94002, applicant. Attachments: Application to the Planning Commission Conditional Use Permit Form Supplemental Form for Commercial Applications Applicant's Letter of Explanation Floor Plan of the tenant space, date stamped September 27, 2012 Approval letter for previous project, dated March 19, 2004 Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed October 12, 2012 Aerial Photo -3- � C1TY ` i dl ,1'� "��'� COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION TO THE PLANNING COMMISSION Type of application: ❑ Design Review ❑ Variance ❑ Parcel #: n � / "' ` I ✓ ' � �� � Conditional Use Permit ❑ Special Permit ❑ Other: PROJECT ADDRESS: Z�� G�`'�' kd YY''` a,W, �u�,�) � n q�r,�.� APPLICANT project contact person ❑ Payor of DSR deposiUhandling fee ❑ OK to send electronic copies of documents ❑ Name: �� l�� an 1�2. � Address: 4 Ca"""''D i��S�'�i- G�". City/State/Zip: �+Q-� MOYvf' �� qQ'DO 2 Phone: U SO ��'QSLp - t 1 S�j Fax: (n1Z-�0�6— 1.-`b35 E-mail: �0.5�Q.Q�.P�11 � A. D � • CDr'''� ARCHITECT/DESIGNER pro�ect contact person ❑ Payor of DSR deposit/handling fee ❑ OK to send electronic copies of documents ❑ Name: Address: City/State/Zip: Phone: Fax: E-mail: �* Burlingame Business License #: � �-, ., R . . .r.t�"y! I �i (i .,. Js.s. � t.,», t � i ,e . ` � . .. .. G.:,��, ..�:,J SFP � � 2i.i;2 c,r; c = e���i_��,, ;r,nn` CQJ-F!.��,f�;i`v'ii`�u DiV. PROJECT DESCRIPTIONE..���t1�� l� S� �erm� �}- �v f��'}'� nv.0 U5� p!- S�A.Ge �Y Ca�eY'�Nc� Gna ail�vcrH. AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and beli . ' Applicant's signature: � � ��� Date: i( a.�� �� I am aware of the proposed applic ti n and hereby authorize the above applicant to submit this application to the Planning Commission. Property owner's signature: S�� J�' �� �-��-�t Date: Date submitted:� � ��� 2 * Verification that the project architect/designer has a valid Burlingame business license will be required by the Finance Department at the time application fees are paid. S:�HANDOUTS�PCApplication.doc PROPERTY OWNER project contact person ❑ Payor of DSR deposit/handling fee ❑ OK to send electronic copies of documents ❑ Name: S� '�jo►.*�5c�1 Ga►�-�� i'jr'��v��..s Address: �d ��x 3��3 City/State/Zip: S ArQ ��;��- ,�—f'� q�fl7 D Phone: Fax: E-mail 4 0 �s •Z �41. `6 O � �} ��33�o C� co� ca� t-. ��a-. ( 1 �'�{ _\ � �N�/�V � Y r � �/�_ \ ,�� � . This Space for CDD Staff Use Only � Project Description: /����,�C�-�1�Or `I� �WICn �vM.�✓L-i' -� �n ����ilon �. I V� �t�Y w• i'f" -�p►' p�- r�o n-a c�-�ro r �( a-�-Ld uSC, l C a-1-c r ��n R\- Key • . Abbreviation, Term' CUP Conditional Use Permit DHE Declinin Height Envelope DSR Desi n Review E Existin N New SFD Sin le Family Dwelling SP Special Permit wr� ' "—�` ^�'�N�� .�. � COMMUNffY DEVELOPMENT DEPARTMENT • 501 P�MRosE Roan • BURLINGAME, CA 94090 � p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLtCATiON TO THE PLANNING COMMtSSION Type of application: � Design Review ❑ Variance ❑ Parcet #: � Conditional Use Permit ❑ Special Permit 0 Ofher._ PROJECTADDRESS: 2'� � �a'�'k-d�'�'''' a �� ����� �la�'�''� , LA APPLICANT project contact person O Payor of DSR deposfUhandling fee � OK to send electronic copies of documents ❑ Name: �� � 1 .Y a� � � � Address: 4 Ca'"'" r'O ��S'�'a- G'i"'• City/State2ip: �� Mor vi' �� qQ'DO 2 Phone: USO- �1� - t �5� Fax: (0l2'$0$-1-�35 E-mail: ���aQ�l.P�1'1 � A. D �• CO�'''� ARCHITECT/DESIGNER pro)ect contact person o Payor of DSR deposit/handling fee � OK to send electronic coples of documents � PROPERTY OWNER project contact person ❑ Payor ot DSR deposiUhandling fee ❑ OK to send electronic coptes of documents � Name: Address: City/State2ip: Phone: Fax: E-mail: - -- -- Name: � r-„,. �� �, �., a r� r r u:, .�,,.�„ Address: � ..m"`��¢�.:�� �°� � ��,� City/State2ip: Phone: Fax: E-mail: �r Burlingame Business License #: SEP 2 7 2Q11_ CITY O� �U�?s_ING,qPf G CDG-{'�1'1P���1if�C� DIV. PROJECT DESCRIPTIONt.d'ri��ri�� V 5� �erm� -� �v C��"�'� Y��C U5; p� SQG��¢ �Y Caker�N� �ha d{l.v�,•�, AFFADAVIT/SIGNATURE: I ereby certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and beli � ApplicanYs signature: � W�� Date: 5( as) i�.. I am aware of the proposed applic ti n and he eb authorize the above applicant to submit this application to the Planning Commission. .�o,- ow nc r � Property owner's signature: � Date: 9 2..�1 r a. �L�l. �SQmcl� .�. SCtmSpri� Datesubmitted: � Verification that the project architectJdesigner has a valid Burlingame business license wiil be required by the Finance Department at the time application fees are paid. ' S:�HANDOUfS�PCApplication.doc � City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlin4ame.orq R �. BURL� CITY OF BURLINGAME � � CONDITIONAL USE PERMIT APPLICATION ��� w � � '� � .�. �:� 4'� �P � 7 20�2 CIZY Or E�J�iLl�d�a',4"��E C�D-�:1,�v;vlP�iG D(V. The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 1. Explain why the proposed use at the propos�d location will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. � S�e e a,-�-��. � h .�� . 2. How will the proposed use be /ocated and conducted in accordance with the Burlingame Genera/ Plan and Zoning Ordinance? 3. How will the proposed project be compatible with the aesthefics, 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 � � �. Explain why the proposed use at the proposed location will not be defrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. How wiil 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 sunlighUshade, 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 f�ealth (i.e., underground storage tanks, storage of chemicals, situations which 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? W ill 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 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, bu/k and character of the existing and potential 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. 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. . Rev 06.2007 Handouts\Conditional Use Permit App.2007.FORM ♦ F �' � � ;� � c. r ; �, �. � f a � � � t".a a'�..�� �,�. � �h; �.,� �,� SEP 2 7 2012 A lication of Jill Daniel, Dinner-Licious cm� o= �u��, ir �arnE Pi� C�J-f [�1{VIv��lu DIV. l. The business, Dinner-Licious, produces fully cooked family dinners, then packages and delivers them Monday- Friday. We are not open to the public and take orders via email, phone or website. All dinners produced will be delivered. Therefore, there will not be an increase in traffic to the space or an impact on the available parking. We do not plan to make any modifications to the interior or exterior of the space. Overall, we do not believe our proposed use of this space will have an impact on the neighboring businesses. 2. Our intended use is not in accordance with the current zoning for this space. Though it is currently zoned for auto sales, this space has been operation as a commercial kitchen for the past 25 years. Our use of this space will be substantially the same as the last 25 years. 3. Most of the businesses in this building as well as those across the street from the building are not auto related. There is a carpet retailer, Pez museum, Music store and a printing business. No changes to the building are proposed. Community Development Dept. ■ 501 Primrose Road ■ Burlingame, CA 94010 ■ P:65a 558.7250 ■ F:650.696.3790 ■ www.burlinqame.orq f ,* . � � C r �� �- . 'w I�� w i �t BURLI� i� �. 6 '��i r t < L �r €. :� 6.�.'�: � COMMERCIAL APPLICATION NING COMMISSION APPLICATION SUPPLEMENTAL FORIV�EP � 7 rf�� iZ 1. Proposed use of the site ��-�Y' 1 Y1 CflY t;�• E5�.1;t!_!\+a,",�`;:� 2. Days and hours of operation P�dr1�a►.-� -�Y� c1.�v� i��+ -� �7 Q�'+ C��-���°,�����i:�,a o,v. 3. Number of trucks/service vehicles to be parked at site (by type) l�� "'* �"� �� h � 4. Current and projected maximum number of employees (including owner) at this location: t Y�S+'- d '� "�' x i 4 q ': 4 -h- �., � �,ac r 4 � 1m�+ s�x� v k ,.". . u � ^c'� a*8 � q..} i �. '{r �' ¢ '� �,xA<d� � � � ' '§ t �.�,�, �� iYF`e� �`,^L',g tik,�",s, r . ....: ...�, a. �� ..s # w o �.u��" . k � a ,. i.g � � � ...•. r , � � �:��� r . "-f � � y.,��� . � ,''.v � ., ���`�_ ��4 % 9 7 � . .�.»., .� _ � " � ,. , ,.,�..., «.,a. " , Hours of Before After Before After Before After Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm weekdays Z � � � rl � Full-time r� Part-time � � � � 2 t Weekends Full-time � "� �, � � � Part time � � � � � � 5. Current and projected maximum number of visitors/customers who may come to the site: 6. What is the maximum number of people expected on site at any one time (include owner, employees and visitors/customers): 7. Where do/will the owner and employees park? t'u 8. Where do/will the customers/visitors park? �� 9. Present or most recent use of site G 4� s'" ��'' IG�i�rkl✓� � �-�-��,,. I ���r 10. List other tenants on property, their number of employees, hours of operation (attach a list if more room is needed) /�ic�111 �, Commercial Application.doc C'�" A'"�, . i S .r. �,c: �y � P ag � �: S } t��W`t 1" � a� `L i: 4'f�.,t L k.� SEP 2 7 2Ci2 Re: Conditional Use Permit for 216 California Drive Letter of Explanation cirr or ����ir�G��,�� CDD-cLf�NN!°�G DiV. September 26, 2012 The proposed use of this space is for our business, Dinner-Licious. We are a very small company that produces health minded family dinners and delivers them directly to our customers' doorsteps. This business will not be open to the public and will take orders via telephone, email and website. This will be a production facility only. The intended use for this space will be Monday-Friday from 7am and finish at 7pm. Food production will occur primarily between the hours of 8am and 3pm. Deliveries will ta.ke place between 3pm and 7pm and will range between Burlingame and San Carlos. We plan to have no other employees besides the owners for the first 3— 4 months of business. As we grow we will add employees 1 at a time and expect to have no more than 7 employees on property at the peak of production. We do not plan to make any modifications to the current use permit except for the days of operation, currently Tues-Sat changing to Mon-Fri. Sincerely, John Savage � �.'l1 �.�� . ,��. � _ P '' ,.` 216 CALIFORNIA DR �� CITY 0 � � BURLNGAME m ��� qo �RwTID JuuEb PLANNING DEPARTMENT March 19, 2004 Sonya Hong Butterfly Cakes 3126 Turk Boulevard San Francisco, CA 94118 Dear Ms. Hong, The City of Burlingame CITY HALL 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010-3997 TEL: (650) 558-7250 FAX: (650) 696-3790 Since there was no appeal to or suspension by the City Council, the March 8, 2004 Planning Commission approval of your application for a conditional use permit became effective March 18, 2004. This application was to allow a non-auto related use for a catering kitchen for a cake business at 216 California Drive, zoned R-1. The March 8, 2004 minutes of the Planning Commission state your application was approved with the following 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; _ 3. 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 ma�cimum of 3 employees, and that the secondary, part-time catering business shall have hours of operation Tuesday, Wednesday and Thursday from 730 a.m. to 2:00 p.m. with a maximum of one employee; 4. 5. 6. 7. 8. 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; that there shall be no walk-in customers, and that customers shall come to the site by appointment only; 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; and March 19, 2004 216 California Drive Page 2 9. that the applicant shall submit a copy of the current lease agreement between the property owner of 216 California Drive and Caltrain for the parking spaces provided at the rear of the subj ect property that are available for use by employees and customers on the site. 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. The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. Sincerely yours, 6�_ Mar aret Monroe City Planner c. Baum Trust, property owner 1647 18`�' Avenue San Francisco, CA 94122 Chief Building Inspector Chief Deputy Valuation, Assessor's Office (102.76 FT ON CALLFIORNAI DR COM 190.38 FT WLY FROM HOWARD AVE PTN BLK 16 TOWN OF BURLIGNAME MAP NO; APN# 029-213-030) 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 an Amendment to Conditional Use Permit to chanqe the hours of operation of an existing Conditional Use Permit for a non-auto related use (caterinq) in the CAR (California Auto Row) Zone at 216 California Drive, zoned CAR, Sam Samson. C& D Properties, PO Box 3443, Saratoqa, CA 95070, property owner, APN: 029-213-030; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on October 22, 2012, 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, 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, Section 15301, which states that existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination are exempt from environmental review, 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 Amendment 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 22"d dav of October, 2012 by the following vote: Secretary EXHIBIT "A" Conditions of approval for Categorical Exemption and Conditional Use Permit Amendment. 216 California Drive Effective November 1, 2012 Page 1 1. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped September 27, 2012, floor plan; 2. that the entire tenant space of 920 SF shall be used for a catering business, not open to the public, any change to the number of businesses or their hours of operation shall be reviewed by the Planning Department and may require Planning Commission approval; 3. that the catering business shall have hours of operation on Monday through Friday from 7:00 a.m. to 7:00 p.m. with a maximum of 7 employees; 4. that the maximum number of people on site at any one time (including employees, business owners, and customers) shall be 3 people; 5. that there shall be no retail sales 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; 8. that any improvements for the use shall meet all California Building and Fire Codes, 2010 Edition, as amended by the City of Burlingame; and 9. that the applicant shall submit a copy of the current lease agreement between the property owner of 216 California Drive and Caltrain for the parking spaces provided at the rear of the subject property that are available for use by employees and customers on the site. �CITY OF BURLINGAME � COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD + BURLINGAME, CA 94010 _ �ilP . 1...=. .. ���' PH: (650) 558-7250 • FAX: (650) 696-3790' _ www.burlingame.org - �e-.;,= -_ Site: 216 CALIFORNIA DRIVE The City of Burlingame Planning Commission announces the following public hearing on MONDAY, OCTOBER 22, 2012 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Application for an Amendment to Conditional Use Permit for a non-auto related use (catering) in the CAR Zoning District at 216 CALIFORNIA DRIVE. APN 029-213-030 Mailed: October 12, 2012 (Please refer to other side) Cifv of Burlinqame . `,. PUBLIC HEARING NOTICE A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. �f you challenge the subject application(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 who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thanlc you. 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