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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