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HomeMy WebLinkAboutReso 128-1976RESOLUTION NO. 128-76 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION UPHOLDING AN APPEAL oF WILLIAM HENDERSEN ON THE PLANNING COMMISSION'S APPROVAL OF USE PERMIT NO. UP-75-315 FOR THE SUTTER HILL DEVELOPMENT COMPANY WITHIN THE CITY OF SOUTH SAN FRANCISCO WHEREAS, on May 25, 1976, the Planning Commission of the City of South San Francisco approved a Use Permit (UP-75-315) for the development of a shopping center complex as requested by the Sutter Hill Development Company on land located on the southwest corner of E1 Camino Real and Westborough Boulevard within the City of South San Francisco. WHEREAS, on May 26, 1976, William Hendersen appealed the decision of the Planning Commission and a public hearing was subsequently scheduled before the City Council of the City of South San Francisco for August 5, 1976, at 8:00 p.m.; that notice of said hearing was given to said appellant on or before July 25, 1976, by depositing a copy of said notice in the United Stated Mail addressed to the appellant and further that said notice was published in a local newspaper of general circulation; and WHEREAS, the public hearing was continued to September 8, 1976, on said appeal and that said appellant was duly notified of said continuance in a manner prescribed by law; and WHEREAS, a public hearing was held on said appeal on September 8, 1976, in the public assembly room of Orange Avenue Library in the City of South San Francisco; that Mr. William Hendersen, the appellant, was present at said hearing, that evidence was offered and received at said public hearing by the. appellant, applicant, and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco finds and concludes as follows: 1. That a Use Permit with conditions attached thereto was approved by the Planning Commission; 2. That there are findings made by the Planning Commission in support of the Use Permit approval; 3. That the subject development approved by the findings and action of the Planning Commission is located' in the City of South San Francisco in the "U" Unclassified Zone District; 4. That said uses are permitted in the "U" Unclassified Zone District upon approval of a Use Permit application; 5. That the appellant did produce sufficient evidence that the Planning Commission.acted improperly in its deliberation; and 6. That the appellant did produce.sufficient evidence that the use permit and subsequent development as approved by the Planning Commission would produce an environment that would be hazardous to the public health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED that the appeal of William Hendersen be upheld and the decision of the Planning Commission reversed and be it further resolved that the Use Permit (UP-75-315) is hereby denied. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a special meeting held on the 8th day of September, 1976, by the following vote: AYES, COUNCILMEN William A. Borba, Emanuele N. Damonte, Terry J. Mirri, NOES, ABSENT, " Leo Padreddi i Richard A. Battaglia None ATTEST: City