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Resolution No. 2025-XX Page 3 of 6 4 9 0 7 i.SAMC Section 41-1253 (1) – Commercial Compliance: The facility was not "established in conjunction with an existing commercial use which is in compliance with all applicable zoning, building and fire code requirements." ii.SAMC Section 41-1253 (2) - Size Limitation: The facility exceeds the allowable 500 square feet by using the east side yard for trash bin storage and relying on an electrical wire crossing from a neighboring residence. iii.SAMC Section 41-1253 (3) - Setback: The facility is located within 50 feet of the terminus of Stanford and King Streets, violating setback standards. iv.SAMC Section 41-1253 (6) - Container Standards: Trash bins on the east side of the property are not covered when the attendant is absent, failing to meet container standards. v.SAMC Section 41-1253 (7) - Storage of Recyclable Material: Trash bins used for recyclable material storage are left uncovered when unattended, violating storage standards. vi.SAMC Section 41-1253 (8) – Maintenance Standards: The exterior property, parking areas, and premises are not maintained in a clean, safe, and sanitary condition, requiring pressure washing and cleaning. vii.SAMC Section 41-1253 (11) - Proximity to Residential: The facility abuts residential property within five feet and is also located within 100 feet of residentially zoned or occupied property. The PBA Director dismissed the citation for operating beyond allowed hours, as the Business Owner provided evidence of updated, compliant business hours. viii.SAMC Section 41-1253 (12) - Signage: Signs are located inside container doors and are not visible when closed. The facility lacks signage stating that materials cannot be left outside the recycling enclosure or containers. The basis for revocation stems from the facility's documented violations of municipal codes and operational standards, including non-compliance with size limitations, setback requirements, and proximity to residential areas. Additionally, observed violations related to waste storage, property maintenance, and electrical hazards pose significant risks to public health and safety. The evidence clearly demonstrates that the business operation violates the terms outlined for small collection facilities, justifying revocation. These violations show a persistent failure to adhere to regulations essential for maintaining community well-being and orderly development. The facility's continued operation in its current state poses ongoing risks to public health, welfare, and safety, and necessitates immediate action to protect the community's well-being. A review of the original application and the SAMC regulations in place at the time indicate likelihood that Planning staff issued the LUC for the facility in 2003 in error, failing to account for its close proximity to residential areas and its non- compliance with SAMC Section 41-1253 subsections 3 and 11, which requires a minimum setback of 50 feet from the street and 100 feet from property zoned or occupied for residential use. As such, the permit is invalid. This error further underscores the need for revocation as a cure to the ongoing issues resulting from the issuance of this LUC, as the facility should not have been approved at this location in the first place. California courts have found that permits issued in violation of zoning laws are void from inception and cannot confer vested rights. (See City Attorney’s Memo, attached as Exhibit 9).The need to correct zoning mistakes, particularly in land use cases involving public health, safety, and