HomeMy WebLinkAboutReso 4638-1967 RESOLUTION NO. 4638
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION DISAPPROVING THE GRANT OF
A USE PERMIT ORDER UP-30 (SOLID WASTE
MATERIAL INCINERATOR AT THE NORTHWESTER-
LY CORNER OF HARBOR WAY AND MITCHELL AVE.)
BE IT RESOLVED by the City Council of the City of
South San Francisco that:
WHEREAS, the City Council after hearing duly noticed
has considered the appeal from the South San Francisco
Planning commission Use Permit Order UP-30 (Solid Waste
Material Incinerator at the northwesterly corner of
Harbor Way and Mitchell Ave.) and the several and various
documents and communications received during said hearing,
all of which have been considered and made a part of the
record in the proceedings herein, and
WHEREAS, the City Council finds that the proposed
use of the subject property for an incinerator and related
purposes is incompatible with the present and projected
industrial uses under the City's zoning ordinance and the
City's General Plan, and
WHEREAS, the City Council does further find that
the use which is sought, to wit: Solid Waste Material
Incinerator, will under the circumstances of the parti-
cular case 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
to the general welfare of the City, and
WHEREAS, said Use Permit Order was issued without
findings of fact and on the assumption that the burden of
proof of detriment rested with City rather than on the
applicant,to prove non-detriment.
NOW, THEREFORE, IT IS ORDERED that the Council
does hereby disapprove the §rant of a Use Permit Order
UP-30 (Solid Waste Material Incinerator at the north-
westerly corner of Harbor Way and Mitchell Ave.) as
provided for in Ordinance No.353, as amended by Ordinance
No.552, Section 6.25(a)3.
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
meeting held on the 20th day of
19.....67 , by the following vote:
regular
March
AYES, COUNCILMEN
NOES,
ABSENT, "
Frank J. Bertucelli, Patrick E. Ahems.
Emilio Cortesi and Andrew Rocca
None
Guido J. Rozzi
ATTEST: ~'