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HomeMy WebLinkAboutCC Resolution 7731 (Acura Building Master Use Permit)RESOLUTION NO. 7731 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING APPEAL OF MASTER USE PERMIT FOR ACURA BUILDING 1504-1522 Fourth Street (UP88-14) WHEREAS, application was made for the master use permit for 1504-1522 Fourth Street and the merits of the use permit application were considered by the Planning Commission on March 29, 1988; and WHEREAS, the Planning Commission considered the prepared staff report and testimony of the applicant and one other person testifying concerning the matter and, subsequently, approved the use permit; and WHEREAS, on April 1, 1988, appellants filed the appeal alleging that the proposed project would result in major traffic problems, inadequate outdoor parking, on -street parking of damaged vehicles over the weekends, toxic materials close to eating establishments, inadequate exiting, inadequate venting of deadly toxic fumes and disapproval of surrounding property owners; and WHEREAS, the public hearing for City Council consideration of said appeal was duly noticed and set for April 18, 1988, at which time the City Council considered the staff report, information from the applicant, testimony from the appellants and all related matters concerning the master use permit and appeal. NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the Planning Commission approval of use permit 88-14 is upheld and the appellants' appeal is hereby denied with findings that one of the appellants withdrew his participation in the appeal, and that all of the appellants' bases for the appeal have been found to be without merit in that the proposed project is not in a major traffic congested area as determined by the San Rafael General Plan 2000, adequate parking will be provided for the project and insured through conditions of approval, on -street parking of damaged cars is in violation of conditions of the use permit, toxic materials will be handled OR 164"' INA[ ��3� RESOLUTION NO. 7731 consistent with the City's ordinances and all rules and regulations of the Bay Area Air Quality Maintenance District and the California Department of Health Services, the project will comply with all Fire and Building Code requirements including those for exiting, and no evidence was provided that there was significant opposition to the proposed project from surrounding property owners or tenants. BE IT FURTHER RESOLVED that the City Council finds as did the Planning Commission that the proposed project, as conditioned, will not endanger the health, safety or welfare of the surrounding neighborhood or the City of San Rafael as a whole in that adequate parking is available and previous similar uses have not had adverse impacts and that furthermore the project is consistent with the C-2 (General Commercial) DRD zoning district and the proposed General Plan land use designation of Retail/Office Commercial in that auto sales and service uses are conditionally permitted in such areas. 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 day of MAY 1988, by the following vote, to wit: AYES: COUNCILMEMBERS : Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None JE �•�E. MLEONCI City Clerk