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