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RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMON D DENYING THE APPEAL AND UPHOLDING T HE PLANNING COMMISSIO N’S CONDITIONAL APPROVAL
OF A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO OPERATE AND ESTABLISH A RETAIL STORE GREATER THAN 3,000 SQUARE FEET IN SIZE (10,000 SF PROPOSED), INCLUDING BUILDING RENOVATION S AND SITE IMPROVEMENTS WITHIN THE C M-4, COMMERCIAL MIXED -USE, GATEWAY /NODE AT 12300 SAN PABLO AVENUE (PLN21- 129).
WHEREAS, Kim Kevin and Jenni fer Yu (the “applicant”) request approval of a Conditional Use Permit and Design Review to operate and establish a retail store greater than 3,000 square feet (SF) in size (10,000 SF proposed), including making building renovations and site improvements . (“Project”) at 12300 San Pablo Avenue (APN: 5 19-200-018 and 519 -200- 013) (“subject site”) within CM-4, Commercial Mixed-Use, Gateway/Node; and
WHEREAS, on January 6, 2022 , at a publ ic hearing the Planning Commission reviewed the Project and voted to approve the Conditional Use Permit and D esign Review, subject to conditions to be incorporated in the attached plans ( see Project Plans ); and
WHEREAS, on January 18, 20 22, an appeal was file d by Jim Hanson on behalf of Richmond Heights Neigh borhood Council (RHNC), objecting to the Planning Commission approval of the Conditional Use Permit and Design Review (PLN21-129); and
WHEREAS, on March 1 , 202 2, the City C ouncil conducted a prop erly noticed public hearing pursuant to Californ ia Go vernment Code S ection 65090 and has duly considered all written and verbal testimony presented before or during th e hearing, including the staff report ; and
WHEREAS, the proposed project is categorically exempt under Section 15301 and 15332 of t he California Environmental Quality Act (CEQA) consisting of p rojects involving minor alterations to existing commercial structures and facilities that will not result in an increase in floor area and infill development projects of less than 5 acres surrounded by urban uses; and
NOW, THEREFORE, BE IT RESOLVED , on the b asis of the written appeal, plans, materials, agenda report, and testimony received at or before the public hearing, the City Council does hereby denies the appeal and affirms the Planning Commission’s conditional approval of the Conditional Use Permit and Design Review for the Project.
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I CERTIFY, that t he foregoing resolution was adopted by the City Co uncil of the City of Richmond, California, at a regular meeting held on March 1, 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
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ABSENT:
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CITY CLERK
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Tom Butt
MAYOR
Approved as to form:
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CITY ATTORNEY