City Bureaucracy Delays Restaurant's Opening
Property owner turned restauranteur Belle Tao has spent about four years trying to fill a vacant storefront.
After a four-year effort, a Japanese restaurant is, at last, on track to fill a vacant storefront in downtown Millbrae.
Belle Tao, owner of the property at 435 Broadway Ave., recently received the City Council’s blessing to open a Japanese hot pot restaurant after a tumultuous process stretching back to 2008.
Originally, Don Chavas Mexican Grille was interested in the space, but the prospective tenant abandoned the idea after the project was stalled in the Planning Commission for over a year.
The majority of commissioners expressed concerns about garbage being placed out on Broadway Avenue for pickup, even if at least a dozen other businesses on the west side of the 400 block of Broadway are already doing just that, including Dean’s Produce.
Due to homeowners’ fences encroaching on an easement behind the building, there is not enough room for surrounding businesses to place trash hauling in the back, according to a city staff report.
After the Mexican restaurant backed out, Tao said she secured a lease with J&J Bakery, but terminated the lease after city officials suggested that they would rather have Crepevine move into that spot.
John Nelson, Tao’s attorney, said Crepevine tried to squeeze her for a rapacious lease and buy the property. Wanting to get some income generating from her property, Tao decided in January 2011 to open her own restaurant, Shabu Shabu.
Even though Tao had already received a conditional use permit for the Mexican restaurant, the Planning Commission held three different study sessions in 2011 and a public hearing on Nov. 7, 2011 in which they denied Tao a modification of her permit for Shabu Shabu.
“This was a [conditional use permit] that was already approved,” said Planning Commission Chair Lorrie Kalos-Gunn. “I don’t understand why it went on this long.”
Commissioners suggested that Tao install a heavy-duty garbage disposal to reduce waste, but stalled on a vote in order to get price quotes for the disposal, estimated at several thousand dollars. Tao finally requested an up or down vote and the commission voted 3-1 to deny her modification, with Kalos-Gunn dissenting.
“How do we hold her accountable [for the easement problem] when there are so many other businesses and property owners that are equally responsible?” she said. “You can’t put the burden on one business owner for an entire block. It’s just not fair and equitable.”
Although many of the commissioner’s concerns rose from Tao’s responsibility for trash pickup, the subtext of the discussion was that commissioners wanted to see a different type of ethnic restaurant downtown.
“Everyone wants more diversification but you can’t force restaurant owners to come into your city,” said Councilman Wayne Lee, who also reviewed Tao’s proposal on the Planning Commission. “You have to just take what you can get.”
Mayor Marge Colapietro said that constituents have told her that they want property owners to bring in more non-Asian restaurants, such as French, Greek, Indian and continental food.
Tao appealed the November 2011 Planning Commission’s denial to the City Council, which approved the restaurant with certain conditions.
In addition to installing a commercial-grade garbage disposal, employees must separate liquid waste from solid waste and Tao must pressure-wash the sidewalk in front of her business once a year, or more if needed. Tao and Nelson agreed to these conditions even though other businesses on the block are not required to do pressure washes.
When asked whether Tao’s proposal would have been treated differently if it was for a European restaurant, Mayor Marge Colapietro replied: “Absolutely not. We do not discriminate in any way against any business in the Millbrae community.”
Nelson and Tao both declined to comment on any delay in the approval process.
“It was a cooperative result, and my client is quite pleased with the result,” Nelson said in an email.
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Maria Pia
12:25 pm on Tuesday, January 31, 2012
"Due to homeowners’ fences encroaching on an easement behind the building, there is not enough room for surrounding businesses to place trash hauling in the back, according to a city staff report".
Have the homeowners move back the "encroaching" fencing.
Maria Pia
5:48 pm on Friday, February 3, 2012
or how about...if moving back the encroaching fences (were permits obtained?) is seen as an "inconvenience" , then reassess those properties to include the "acquired" property/encroached easement . There, Millbrae has 2 solutions. : )
Maria Pia
12:27 pm on Tuesday, January 31, 2012
Councilman Wayne Lee, who also reviewed Tao’s proposal on the Planning Commission. “You have to just take what you can get.”
No you do not.
Dianna Taylor
12:52 pm on Tuesday, January 31, 2012
Why do you have to take what you can get ???????? Is this the way business is done in Millbrae?????Really!!
Heidi Beck
3:46 pm on Tuesday, January 31, 2012
And how would a Mexican restaurant (which backed out) be European food?
With all the empty storefronts on the peninsula, I often wonder how the owners can stand to have a property vacant for so long, or what a city must be doing to encourage/discourage business.
If this new restaurant -- no matter what kind of cuisine it features -- offers good food and good service and manages to be a success, it will be a lot nicer for Millbrae than a decrepit, empty storefront.
Jesse Mathews
5:52 pm on Tuesday, January 31, 2012
Forget food for a moment. Who would like to see a larger selection of drinking establishments that serve a better variety of quality beer, wine, and cocktails?
Doug Radtke
6:53 am on Wednesday, February 1, 2012
I would, but the Millbrae city council would probably be rather strict about letting another bar open. I don't really have any confirmation, but I heard anecdotally there was pressure from the city to make Pete's Cafe not 24 hours.
Jesse Mathews
5:54 pm on Tuesday, January 31, 2012
'My bad. I don't mean to derail this conversation. I'll just blog about what I mentioned later and we'll talk then.
Barbara
8:48 pm on Tuesday, January 31, 2012
can we try at least give Millbrae a new look? we need more non Asian restaurants. We need more nicer stores (see Burlingame)
Doug Radtke
6:50 am on Wednesday, February 1, 2012
The city council has been turning down permits for mostly Chinese restaurants for 10 years since I was in high school. Just the fact the council states they'd "like" to see more diversity in restaurants already sets up the expectation that restaurants of a certain Asian type will be turned down and the numbers of turn downs I even know personally over the last 10 years speaks volumes. I have friends and acquaintances who would have loved to open up businesses in Millbrae but were discouraged by the red tape.
If diversity was your goal, why do we need ANOTHER hot pot place? Now there's three hot pot places in Millbrae...
I personally wouldn't mind to see an Indian restaurant in Millbrae but you can't artificially force demand for food that has no demand guys.
David Carini
9:10 am on Wednesday, February 1, 2012
Hi Doug, Can you give me some examples of Asian restaurants that have been denied permits over the years?
Erin
9:05 am on Wednesday, February 1, 2012
There will now be three Japanese restaurants in a one block radius. If you want to
know how business friendly our Planning Commission is, just call corp. management
of In and Out Burger. They will tell you how they were treated here in Millbrae when
applying for applications. Considering the excellent reputation In and Out Burger has
all over our state, our city should have lain out the red carpet. Instead our Planning
Commission made fools of themselves with their negative approach to a very well
respected company. Our city needs lots of help .. they have hired consultants over the years, paid considerable amounts of money for consultants to give ideas on how
we could turn our town into a more vibrant community. Nothing changes.
Construction designs that look out of place, no set flow of what fits our city, just
one large unattractive design after another. What profitable company would want
to come here.....Sad state of affairs!
Doug Radtke
9:33 am on Wednesday, February 1, 2012
I don't have examples of outright rejections nor do I want to name names of people I know, but the Kitchen in Millbrae had a lot of trouble before it opened in 2006. Fat Wongs in San Bruno opened there because Millbrae wasn't as accomodating. A ex employee,of Fat Wong's has opened Cooking Papa in Foster City and there's a location in Santa Clara.
I have had a few Chinese friends feel absolutely discouraged about opening a business in Millbrae. One wanted to do a Chinese bakery but experiences we've heard about discouraged him.
The proof is in the pudding as they say. I wish I was more involved in city affairs so I could name names, but I was in college during what I consider the most restrictive years 2002-2007.
David Carini
9:38 am on Wednesday, February 1, 2012
Thanks Doug. seems like this has been a recurring issue. If you personally know any of the business owners, and they would like to share their story, please have them email me. davidc@patch.com Thanks
Doug Radtke
9:46 am on Wednesday, February 1, 2012
Definitely. I'll ask my Baker friend sometime.
Doug Radtke
9:47 am on Wednesday, February 1, 2012
I remember the old owner of Tapioca Express and NCK, he had problems. Unfortunately he passed away from cancer.
John Keefer
7:56 pm on Wednesday, February 1, 2012
Can we get business in Millbrae? Actual business that pays taxes? The city council complains about the lack of funds to pay for city services but we need money coming in to pay for them. And quit voting for special assessments on property tax - build a stronger commercial base but by definition does that only include restaurants? If we had strong anchor stores, such as an Apple store, perhaps more retailers would be enticed to come here. Sporting goods, books, culinary, Bev-mo, home repair, fancy food? Bring in the chain stores too, they have more class than most of the stuff going in.
Doug Radtke
8:08 pm on Wednesday, February 1, 2012
John, I completely agree. I actually think Millbrae's future should definitely include some commercial enterprises besides an endless array of restaurants. We're in a prime location with BART, CalTrain, and major highways. We should attract some technology startups maybe out on Rollins Road nearby all that prime public transportation!
Building a strong commercial base is tough without a big anchor store. Somebody has to pave the way. The last major commercial store besides grocery stores like Safeway and Trader Joe's that I remember is CROWN BOOKS for crying out loud.
There's a definite agenda to keep Millbrae "small town". It's only delaying the inevitable. The Bay Area keeps growing at a ridiculous rate even in a down economy. You can clearly see it on the highways, especially going toward San Francisco as well as in and around San Mateo.
Let's take advantage of all that and bring Millbare in the 21st century please!
Eric
10:09 pm on Wednesday, February 1, 2012
This is striking for two reasons. First, this seems wrong on so many levels. Second, the majority of people who posted brought up issues that speak to the council, not Asian restaurant owners.
Is the issue really diversification? Why is the city council denying rejecting Asian restaurants, as Doug stated, without alternative options? For example, why would they deny In and Out Burger, as Erin revealed, or dismiss the possibility of the anchor stores that John mentioned? During the current void of sound alternatives, Heidi pointed out that quality restaurants would still be better than empty storefronts.
Maria pointed out the encroaching fencing could be moved back. According to the article, Planning Commission Chair Lorrie Kalos-Gunn said, "You can’t put the burden on one business owner for an entire block. It’s just not fair and equitable.” Yet Belle Tao must pressure wash her sidewalk even though other businesses on the block are not required to do so.
This does not sound like diversification. It sounds like discrimination. Mayor Colapietro mentions Indian restaurants as non-Asian, but is apparently unaware that Indians are East Asians. If the city council doesn't want specific types of Asian restaurants, don't hide behind bureaucracy. Own up to it, and explain why treatment of owners such as Tao is helping the current economy and attracting a wide spectrum of potential businesses.
Maria Pia
5:48 pm on Friday, February 3, 2012
or how about...if moving back the encroaching fences (were permits obtained?) is seen as an "inconvenience" , then reassess those properties to include the "acquired" property/encroached easement . There, Millbrae has 2 solutions. : )