HomeMy WebLinkAboutReso 170-1976RESOLUTION NO. 17o-76
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION DISAPPROVING THE GRANT
OF A USE PERMIT FOR 619 AIRPORT
BOULEVARD APPLIED FOR BY VICTOR
BRINCAT (UP 76-349)
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WHEREAS, the City Council, after notice duly given in accordance with
the Government Code of the State of California and the Zoning Ordinance of
the City of South San Francisco on November 17, 1976, conducted a public
hearing on the appeal of this matter and received and reviewed the staff
report dated November 17, 1976, subject "Appeal from Victor Brincat of the
Conditions Imposed by the Planning Commission for Use Permit No. 76-349";
the appeal dated September 30, 1976, from applicant's attorney, Allen Ray
Schnibben, Esq.; the Notice of Findings and Motion of the South San Francisco
Planning Commission; the application by Victor Brincat as owner of 619 Air-
port Boulevard; Resolution 2196 of the Planning Commission adopted September
28, 1976; and evidence presented at said hearing, all of which was recorded
by the City Clerk of the City of South San Francisco, same now being on file
in his office, and
WHEREAS, the Council duly considered all of the aforegoing, did on
November 17, 1976, close the public hearing and continued the matter for
determination to this meeting of December 1, 1976;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that:
1. The Council finds and determines as follows:
1.1 Applicant, Victor Brincat, on June 10, 1976, executed and filed an
affidavit applying for a use permit at 619 Airport Boulevard, South
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San Francisco, California, stating that he was the owner, and describ-
ing the nature of the requested use as :'auto repair and present sign
use, foreign and' American."
The'premises known as 619 Airport Boulevard is located in the' heavy
commercial orC-3 District and the use applied for may be permitted
in said district upon obtaining~ a use permit therefor.
The South San Francisco Planning Commission in its Resolution 2196
adopted September 28, 1976, entitled "Resolution of the Planning
Com~ission of the City of South San Francisco Approving the Request
of Victor Brincat, under Use Permit Application No. UP-76-349,
for the Establishment of an Automobile Repair and Paint Facility in
an Existi'ng Nonconforming Structure at 619 Airport Boulevard in the
· C-3 Heavy Commercial Zone District Within the City of South San
Francisco," granted a use permit for the auto repair and certain
signs with designated special and standard conditions, but did not
grant a use permit for the structure referred to as the roof sign.
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Applicant through his attorney, Allen Ray Schnibben, Esq., on
September 30, 1976, filed an appeal with respect to special condi-
tions 3A,.3B, 3F, 4, 6, 9 and 10 and standard condition 10 contained
in said Planning Commission resolution.
That the premises known as 619 Airport Boulevard does not comply
with City's (a) Uniform Building Code Ordinance No. 691-75, adopted
April 2, 1975; (b) Uniform Fire Code Ordinance No. 654, adopted
November 5, 1973; (c) Uniform Electrical Code Ordinance No. 718-76,
adopted November 17, 1976; and Zoning Ordinance No. 353~ as amended,
adopted August 10, 1954, in that
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An exhaust ventilation system taking the exhaust from a point at or
near the floor level sufficient to provide a complete change of air
every fifteen minutes has not been installed and maintained.
Direct access to the exterior by way of the existing two exits from
the auto repair area is not being maintained because of the existing.
platform over the stairs, the door latch to the Pine Avenue exit
'door and the lack of an adequate stairway for the Cypress Avenue
exit door.
A §as heater in the center of the repair area has a deteriorated flue.
The mezzanine storage area around the perimeter of the building is
not provided~ with two exits, one at each end of the mezzanine.
A report by a qualified, electrician regarding the electric wiring
has not been filed with the electrical inspector so that wiring may
be brought into compliance for a Class I Division 2 location or removed.
Auto repair work is being done on the premises, including spray paint-
iht without a use .permit.
A spray painting booth has not been installed on the premises.
An area for spray painting, with approved electrical systems and
ventilation has not been provided for approval of the Building Inspec-
tor and a Fire Marshal.
1.5.9 An approved automatic sprinkler system has not been installed'.
1.5.10 A floor plan showing a method and manner of Storing flammable liquids
has not been filed with the Building Inspector and Fire Marshal.
1.5.11 The establishment, maintenance, operation, or use of the building
and premises for the use applied for will under the circumstances
of this particular case be detrimental to the health, safety, peace,
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morals, comfort and general welfare of the persons residing or work-.
ing in the neighborhood of such use, and will be detrimental or
injurious to property and improvements in the neighborhood or general
wei fare of the City. ·
2. The Council determines and orders that based on each and every, all and
singular, of the aforegoing findings, that Use Permit UP 76-349 as
applied for by Victor Brincat for 619 Airport Boulevard be and the same
is hereby disapproved.
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 reg,/ar meeting held on the 1st day of ~ec~mber
19 76 , by the following vote:
AYES, COUNCILMEN Richard A. Battaglia, E~nuele N. Damonte, Terr!; J. Hirri
and Leo Padreddii
NOES, " Nome
ABSENT, " None
ABSTAIN," William A. Borba
City Clerk
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