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HomeMy WebLinkAboutCC Resolution 8144 (605 B Street)RESOLUTION NO. Rlaa A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING THE APPEAL OF THE PLANNING COMMISSION'S REVOCATION OF UP88-111, REVOKING A USE PERMIT FOR 1,300 SQ. FT. OF OFFICE AT 605 "B" STREET WHEREAS, UP88-111 was submitted in November 1988 to allow 1,300 square feet of office area; and WHEREAS, the use permit application is exempt from environmental review per Section 15301, of the California Environmental Quality Act; and WHEREAS, the Zoning Administrator considered UP88-111 on February 15, 1989, and approved the use permit, permitting 1,300 sq. ft. of office; and WHEREAS, The owners of the property located at 605 B Street, City of San Rafael, State of California, were required to conduct business as specified under the conditions of approval of the use permit granted on February 15, 1989; and WHEREAS, the owner of the property, located at 605 B Street, violated condition of approval (jj) of UP88-111 which limits the maximum square footage of office space in the building to 1,300 sq. ft.; and WHEREAS, Section 14.88.020 of the San Rafael Municipal Code states in part "any zoning permit, use permit or variance granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such permit or variance are violated or if any law, ordinance, or provision of this Code is violated in connection therewith."; and WHEREAS, on December 12, 1989, the San Rafael Planning Commission held a duly noticed public hearing on the revocation of the use permit for 1,300 square feet of office at 605 B Street and considered all reports, recommendations, letters, and testimony; and WHEREAS, on December 12, 1989, the San Rafael Planning Commission revoked the use permit for 1,300 square feet of office at 605 B Street; and WHEREAS, the matter was then appealed to the City Council and the City Council heard the matter at a duly noticed public hearing on March 19, 1990. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby denies the appeal of the Planning Commission's revocation of a use permit allowing 1,300 square feet of office at 605 B Street and revokes UP88-111 based on the findings as follows: L1 I �G 0 R I R fit' I'i 1. The applicant has violated condition (jj) of Use Permit 88-111 by occupying more than 1,300 sq. ft. of the subject building as office space. 2. By converting the entire structure into office, the applicant has violated the neighborhood commercial floor area ratio limitation of .32, as established by the General Plan 2000 Policy LU14(E) 3. The applicant has violated Section 14.75.020(L) of the Zoning Ordinance by converting an existing residential unit to a nonresidential use without proper approvals as required by the Planning Commission. BE IT FURTHER RESOLVED that the San Rafael City Council grants the property owner at 605 B Street, 30 days, or until April 26, 1990, to abate the office use at 605 B Street; and BE IT FURTHER RESOLVED that the San Rafael City Council, consistent with Section 14.96.020 (Enforcement) declares the use hereby to be unlawful and a public nuisance; and BE IT FURTHER RESOLVED that the San Rafael City Council consistent with Section 1.16.030 (Nuisance Abatement), directs the City Attorney to commence action or proceedings for the abatement of the office use if the property owner has not abated the use within the 30 days, or by April 26, 1990 time limit. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Special meeting of the Council of said City on Monday , the 26th day of Marrh , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None M. LEONCINY City Y