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HomeMy WebLinkAboutCC Resolution 8064 (Personal Care Facility)RESOLUTION NO. 8064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING AN APPEAL AND UPHOLDING DECISION OF THE PLANNING COMMISSION TO CONDITIONALLY APPROVE APPLICATIONS FOR A PROPOSED 102 -BED PERSONAL CARE FACILITY FOR THE SMITH RANCH HOMES PROJECT TO BE LOCATED WEST OF SILVEIRA PARKWAY ON ASSESSOR'S PARCEL 155-251-52. WHEREAS, on September 12, 1989, the Planning Commission recommended to City Council approval of rezoning (Z89-12), and a Second Amendment to a Development Agreement (P89-7), and the Planning Commission approved a Use Permit (UP89-37), Design Review permit (ED89-47) and a Lot Line Adjustment (s89-19); and WHEREAS, on September 19, 1989, Anthony Silveira filed a letter appealing the above stated Planning Commission actions to the City Council; and WHEREAS, Anthony Silveira subsequently withdrew his appeal s89-19; and WHEREAS, on October 2, 1989 the City Council held a noticed public hearing to consider the appeal, and the City Council reviewed a staff report regarding the appeal (incorporated herein by reference); NOW THEREFORE BE IT RESOLVED, that the City Council has reviewed and considered the letter of appeal and staff's Report to Mayor and City Council for the October 2, 1989 meeting, and City Council hereby finds that the Planning Commission actions for the Rezoning (Z89-12) and the Second Amendment to Development Agreement (P89-7) are not subject to appeal by virtue of being Planning Commission recommendations; and BE IT FURTHER RESOLVED the City Council finds, after consideration of all the information presented for and during the October 2, 1989 meeting, that there are insufficient grounds to uphold the appeal and overturn the decisions of the Planning Commission with respect to Use Permit (UP89-37) and Design Review Permit (ED89-47); and BE IT FURTHER RESOLVED, that the City Council denies the appeal and upholds the decisions of the Planning Commission. 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 regular meeting of the Council of said City on Monday , the Second , say of October , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None /J 4EV 7011' M. LEON`CIN , City C1 rk -K1 a1 NAI �J'D� t