pages: CityCouncil/2007-08-21.pdf, 10
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CityCouncil | 2007-08-21 | 10 | School on a Safe Routes to School; inquired whether said issue affects the intersection. The Community Development Program Manager responded the intersection upgrade is at Paru Street and Encinal Avenue near Jay's Coffee Shop. Vice Mayor Tam stated that the Planning Board denied the extension of hours because the additional hours would increase by 38% inquired whether Council has the discretion to decide how many hours are too much. The City Attorney responded the question of whether a use is expanded is a factual question first; a non-conforming use cannot be expanded once a factual determination has been reached that there is an expansion of use. Mayor Johnson stated that the question is whether a change is an expansion of use; there is a balance if the owners close the auto repair in exchange for additional gas station hours. The City Attorney stated the request can be granted if a factual determination is made that there is no net increase or net expansion; the Municipal Code states that non-conforming uses cannot be expanded. Councilmember Matarrese stated that a mini mart or increased square footage would be an expansion; inquired whether the Municipal Code distinguishes between expansion and intensification of an existing use within a Use Permit. The City Attorney responded there is no express distinction in the Municipal Code; stated a mini mart or increased square footage would be prohibited; the Planning Board made a factual determination that the additional hours would result in an increase in use. Councilmember Matarrese stated a new condition is the Applicant': intent to reduce the sale of diesel. Councilmember Gilmore stated in 1974 the property was rezoned to R- 4; the gas station operated as a gas station with no restrictions on hours; the owners wanted to do repair services in 1992; a Use Permit was required; inquired why the Appellants would still need a Use Permit if the auto repair is removed. The Planning Services Manager responded unlimited hours of Regular Meeting 10 Alameda City Council August 21, 2007 | CityCouncil/2007-08-21.pdf |