HomeMy WebLinkAboutReso - CC - 050-1998RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME CA 94010
OFFICIAL RECORDS OF SAN MATED COUNTY
ASSESSOR -COUNTY CLERK -RECORDER
WARREN SLOCUM
Recorded at Request of
CITY OF BURLINGAME
88-085850 08/08/88 08:25
�ecording
as: JOREEN
SPACE ABOVE LINE. FOR COUNTY RECORDER
M1
RESOLUTION N050-98
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING
APPEAL OF PLANNING COMMISSION DECISION AND REVOKING
CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE
AT 970 DAVID ROAD, BURLINGAME, CALIFORNIA
ZONE M-1
PROPERTY OWNER AND APPELLANT: JOEL BECK
APN 025-272-160
RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that:
WHEREAS, this matter came before the City Council on May 4, 1998, on an appeal by the
property owner from a Planning Commission decision revoking the conditional use permit for
outdoor truck storage at 970 David Road, and was regularly noticed in accordance with State and
City law; and
WHEREAS, at the appellant's request, the matter had been continued by the Council from
April 20, 1998, so that his attorney could appear at the hearing; and
WHEREAS, the City Council received and considered the record before the Planning
Commission, the minutes of she Planning Commission proceeding on March 23, 1998, the Staff
Report submitted to the City Council on this matter and its attachments, photographs taken of the
property on May 4, 1998, and the letter submitted by the appellant's attorney at the hearing on May
4, 1998; and
WHEREAS, the City Council received and considered all oral testimony and argument
submitted at the hearing on May 4, 1998; and
WHEREAS, the Planning Commission fully and properly considered this matter, made
findings, and acted in accordance with the requirements of the Zoning Code in its decision; and
WHEREAS, the Council adopts the findings of the Commission including the following:
A. The use of the property violates the conditions imposed on the conditional use permit
in that the approval was for outdoor storage and fencing only. The addition of
structures, truck washing, repair, and maintenance violate those conditions.
B. Installation of electrical service and compressor indicates that work is taking place in
violation of the permit.
C. Construction of the structure without a building permit was a violation of City
ordinances.
D. The structures, maintenance and repair work, and unsafe status of structures are
detrimental and create a nuisance and health hazard in the neighborhood.
WHEREAS, the appellant is a licensed contractor and also received notices from the City
of the violations, which were not addressed at all until after the Commission hearing; and
WHEREAS, appellant has not applied for any modification or amendment to his conditional
use permit since being put on notice of the violations,; and
WHEREAS, appellant is also using the property across David Road for storage of vehicles
and equipment, but there may be no permits for that use,
NOW, THEREFORE, it is hereby ordered and directed as follows:
1. The appeal of the property owner from the decision of the Planning Commission is
denied.
2. The conditional use permit for outdoor truck storage at 970 David Road is revoked.
3. The appellant is directed to remove the structures and storage containers from the
property within fifteen (15) days of this resolution.
4. A certified copy of this resolution shall be recorded in the official records of the
County of San Mateo. _
This decision is a final administrative decision of the City of Burlingame. Anyone wishing to _
challenge this decision in a court of competent jurisdiction must d so within 90 days pursuant to
Code of Civil Procedure Section 1094.6 unless a shorter time' rovided by&t5f� r Federal law.
Mayor ~
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was introduced at a regular meeting of the City Council held on the
18thday of MAY , 1998, and adopted thereafter by the following vote:
AYES: COUNCILMEMBER: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBER: NONE
ABSENT: COUNCILMEMBER: NONE
I hereby certify this to be a full, true
and correct copy of the document it 9aCity
Clerk
purports to be, the original of which is
on file in my office.
Dated:
Ci
of Burlingame
RESOLUTION NO50-98
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING
APPEAL OF PLANNING COMMISSION DECISION AND REVOKING
CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE
AT 970 DAVID ROAD, BURLINGAME, CALIFORNIA
ZONE M-1
PROPERTY OWNER AND APPELLANT: JOEL BECK
APN 025-272-160
RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that:
WHEREAS, this matter came before the City Council on May 4, 1998, on an appeal by the
property owner from a Planning Commission decision revoking the conditional use permit for
outdoor truck storage at 970 David Road, and was regularly noticed in accordance with State and
City law; and
WHEREAS, at the appellant's request, the matter had been continued by the Council from
April 20, 1998, so that his attorney could appear at the hearing; and
WHEREAS, the City Council received and considered the record before the Planning
Commission, the minutes of the Planning Commission proceeding on March 23, 1998, the Staff
Report submitted to the City Council on this matter and its attachments, photographs taken of the
property on May 4, 1998, and the letter submitted by the appellant's attorney at the hearing on May
4,1998; and
WHEREAS, the City Council received and considered all oral testimony and argument
submitted at the hearing on May 4, 1998; and
WHEREAS, the Planning Commission fully and properly considered this matter, made
findings, and acted in accordance with the requirements of the Zoning Code in its decision; and
WHEREAS, the Council adopts the findings of the Commission including the following:
A. The use of the property violates the conditions imposed on the conditional use permit
in that the approval was for outdoor storage and fencing only. The addition of
structures, truck washing, repair, and maintenance violate those conditions.
1
B. Installation of electrical service and compressor indicates that work is taking place in
violation of the permit.
C. Construction of the structure without a building permit was a violation of City
ordinances.
D. The structures, maintenance and repair work, and unsafe status of structures are
detrimental and create a nuisance and health hazard in the neighborhood.
WHEREAS, the appellant is a licensed contractor and also received notices from the City
of the violations, which were not addressed at all until after the Commission hearing; and
WHEREAS, appellant has not applied for any modification or amendment to his conditional
use permit since being put on notice of the violations,; and
WHEREAS, appellant is also using the property across David Road for storage of vehicles
and equipment, but there may be no permits for that use,
denied.
NOW, THEREFORE, it is hereby ordered and directed as follows:
1. The appeal of the property owner from the decision of the Planning Commission is
2. The conditional use permit for outdoor truck storage at 970 David Road is revoked.
3. The appellant is directed to remove the structures and storage containers from the
property within fifteen (15) days of this resolution.
4. A certified copy of this resolution shall be recorded in the official records of the
County of San Mateo.
This decision is a final administrative decision of the City of Burlingame. Anyone wishing to
challenge this decision in a court of competent jurisdiction must dq so within 90 days pursuant to
Code of Civil Procedure Section 1094.6 unless a shorter time is!irovided by Stgb* Federal law.
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was introduced at a regular meeting of the City Council held on the
18thday of MAY , 1998, and adopted thereafter by the following vote:
E
AYES: COUNCILMEMBER: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBER: NONE
ABSENT: COUNCILMEMBER: NONE
City Clerk