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HomeMy WebLinkAboutReso 135-1976 RESOLUTION NO. 135-76 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION DISAPPROVING THE GRANT OF A USE PERMIT FOR 107 GRAND AVENUE APPLIED FOR BY EARL S. KUHNS(UP 75-334) BE IT RESOLVED By the City Council of the City of South San Francisco that- WHEREAS, after'notice duly given in accordance with Government Code of the State of California and the Zoning Ordinance of the City of South San Francisco, the South San Francisco Planning Commission met in an adjourned regu- lar session on Tuesday, February 10, 1976, and duly conducted the public hearing in accordance with the Zoning Ordinance of the City of South San Francisco, Ordinance No. 353, as amended, regarding UP 75-334, same being an application of Earl S. Kuhns, lessee, to establish a news stand with 25¢ coin machines (fifteen movie and fifteen game machines) at 107 Grand Avenue, pursuant to provi- ~sions of Sections~3.62(b), 5.1(a), and related Sections of Said Zoning Ordinance, and . WHEREAS, said Planning-Commission on February 10, 1976, adopted Reso- lution No. 2185 denying the use permit for 107 Grand Avenue as applied for by Earl S. Kuhns, and WHEREAS, the applicant, Earl S. Kuhns, filed an appeal on February 20, 1976, in accordance with Zoning Ordinance Section 6.2, and WHEREAS, the City Council, after notice duly given in accordance with Government Code of the State of California and the Zoning Ordinance of the City of South San Francisco, conducted a public hearing on July 28, 1976, and II l[ Il ;Iii 1i I[~ received the items of evidence, testimony of expert witnesses, and state- ments from members of the public in attendance at said hearing, as reported by Richard S. Adams, Official Reporter for the firm of ~'~m. E. Henderscheid & Associates, certified shorthand reporters, San Francisco, California, which is contained in the official minutes and the transcript of the South San Francisco Planning Commission hearing as reported by ~Verle M. Jordan (C-2418), a Notary Public and certified shorthand reporter for the firm of Wm. E. Henderscheid & Associates, San 'Francisco, California, and ~oJHEREAS, the Council has considered for the purpose of this decision ~the following: (1) a description of the proposed use in'accordance with the evidence received, (2) provisions of the General Plan and Zoning Ordi- nance and actions implementing those regulations in the.~area immediately ad- jacent to the proposed use and in the urban core, (3) evidence which describes the impact of the proposed use on areas immediately adjacent thereto, uses ~i.n.the urban core, and the~City's General Plan as a resUlt'of loCating"the proposed use at 107 Grand Avenue, (4) evidence as to whether the use applied for at 107 Grand Avenue is complementary and supportive, or uncomplementary and destructive to the agglomeration existing immediately adjacent to the proposed use and/or uses existing in the urban core, and (5) evidence as to whether exits required for the use as applied for comply with the Uniform Building Code, Uniform Fire Code and Title 19 of the California Administra- ti ve Code. 1. FINDINGS. The Council finds as follows: 1.1. Applicant, Earl Kuhns, lessee of the premises kncwn as 107 Grand 2~ Avenue, South San Francisco, California, which premises is located in the heavy commercial or C-3 district of said City, applied for a use permit for said premises describing the nature of the request as follows: "News stand, 25¢ coin machines (15 movie and 15 game)." - 1.2. The applicant, through his attorney Mr. Peter Keane,before the South San Francisco. Planning~Commission on February 10, 1976, described the physical set-up as follows "As I understand it, the Physical set-up of the bookstore con'sists of racks of books dis- playing very explicit material. It.consists of machines which are peep show type'~of machines which show explicit and .§raphiC sexual material. It sells still photographs of such material." 1.3. The City's Zoning Ordinance, Ordinance No. 353, as amended, Section 3.62(b) requires a use permit for theatres and uses which in the opinion of the Planning. Commission are of a similar nature in the C-3 district,, and in accordance with Section 5.1(a) of' said Ordinance~requires a use'permit for a theatre or private recreation center or other similar establishment. 1.4. The use applied-format 107 Grand Avenue by the applicant constitutes a theatre, private recreation center or similar establishment, and as same. is being proposed for the C-3 district-is subject to the use permit procedures provided for in Ordinance No. 353 as amended, the Zoning Ordinance of. the City of South San Francisco. 1.5. The use as applied for at 107 Grand Avenue is not in conformity with the City's adopted General Plan for said location. 1.6. The use as applied for at 107 Grand Avenue will not provide . ® H I[ '11 "lll~ll Il! the necessary support functions for other uses in~nediately adjacent thereto and uses in the urban core. 1.7. The use as applied for at 107 Grand Avenue appeals to a market segment essentially unrelated to the existing agglomeration immediately adjacent thereto and in the urban core and is sufficiently different so as to repel, people who are coming to the adjacent area or urban core for the existing uses, and therefore the proposed use is destructive to the existing uses immediately adjacent thereto and in the urban core. 1.8. The use applied"for at 107 Gr~and Avenue is not a use complement- ary to. the existing uses immediately adjacent thereto and exist- ing uses in the urban core, and therefore will interfere with the evolution of the urban core in the pattern designed by the General Plan. '1.9. The 'use applied 'for at 107 Grand Avenue will have a strong adverse · : '~impact on the os,es'?immediately~ adjacent thereto and existing, uses in the urban core because immediately upon entering Grand Avenue the proposed use becomes the first thing that any poten- tial shopper or visitor sees. 1.10. The .use applied for at 107 Grand Avenue appeals to a market seg- ment different from the market segment appealed to by the uses in~nediately adjacent thereto and existing uses in the urban core, and by reason of the nature of the agglomeration forces which cause strengtheni.ng and similar evolution of an agglomeration,the proposed use will weaken rather than' strengthjn the existing cluster or agglomerations immediately adjacent to the proposed use in the urban core. 4. H Iff ' Il 1.11. The use applied for at 107 Grand Avenue by reason of agglomeration interaction is not consistent with the designed function of .. the urban core area and will create imbalance and deficiencies detracting from the capacity of an urban core area to perform its economic and civic function as set forth in the General Plan, Zoning Ordinance and practices implementing the General Plan and the. uses developed in the urban core pursuant thereto. The proposed use at 107 Grand Avenue would promote similar types of.uses immediately adjacent thereto which would be counterproductive to the revitalization efforts now under way ~.']~ in.the urban core pursuant to the General Plan, Zoning Ordi-~ nance and improvements undertaken and projected for the urban core, 1.12. The proposed use at 107 Grand Avenue would have an adverse eco-. nomic effect on the urban core area and, therefore, an adverse effect on the City. 1.13.r ~The building at 107 Grand Avenue in which the proPosed use. is to be located is not equipped with the required two remotely located exits for public safety as required by the California Administrative Code and Uniform Building Code. 1.14. The establishment, maintenance, operation or use of the building at 107 Grand Avenue for which 'the permit is sought will, under the circumstances be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or · working in the neighborhood of such proposed use, and will be detrimental or injurious to property and improVeF.t~nts in the neighborhood and the general welfare of the City. 2. DETERMINATION. The Council makes the following determination- 1. Based on each and every, all and singular,of the aforegoing find- ings, and the items hereinbefore set forth to be considered for purposes of this determination, and evidence related thereto, the City Council hereby disapproves the grant of a use permit '(U.P. 75-334) for 107 Grand Avenue, South San Francisco, California, in the C-3 commercial zone district as applied for by Earl Kuhns. I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by .the City Council of the City of South San Francisco at a reqular meeting held on the 15th day of September 1976, by the fo]lowing vote- AYES, COUNCILMEN .Leo Padreddii, Emanuele N. mamonte, William A. Sorba, Terru J. Mirri and Richard A. Battaglia ~tOES, None ABSENT, None ]] I[ ~ Il e