CC MIN 06-08- to 12-21-1981 - Laserfiche WebLink

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PUBLIC HEARING (continued) Nom I Item No. 1 (continued) John Murray (see above) urged the five-year validity for the Use Permit be retained, suggesting there is no evidence for a 20-year period and questioning whether a financing problem exists. Tom Bezant, 875 Beech, Apartment 7, suggested the transfer station will be constructed regardless of the conditions of the Use Permit. Paul Kelly (see above) advised that BFI has approval to construct the transfer station in San Carlos and needs the Redwood City area in order to provide additional service required by the cities. He pointed out that since the Joint Powers agreement is for 20 years, it is logical to make the Use Permit valid for that period also, stating that there is no particular evidence for a five year period of validity. Mayor Biagi invited anyone else present who wished to speak to do so. No one wished to speak. M/S: Chandler/Britschgi to close the public hearing. Carried unanimously by voice vote and public hearing closed at 8:40 p.m. Discussion followed concerning the jurisdiction of the Joint Powers and the fact that a Use Permit represents use of police power by the City. M/S: Britschgi/Chandler to uphold the decision of the Zoning Administrator in granting the Use Permit under certain conditions to Browning-Ferris Industries, Inc., 225 Shoreway Drive, to allow truck parking and repair facilities, with the conditions which were in question to be as follows: Condition No. 1 - No change Condition No. 2 - No change Condition No. 6 - Define "empty boxes" not to include metal debris boxes maintained and stored in an orderly manner outside the building. Condition No. 8 -substitute "a washing structure" for "an mod enclosed building". Condition No. 11 - No change Condition No. 12 - Change to make the valid period of the Use Permit "20 years with a full five-year review". Condition No. 13 - delete and with the following findings having been made: 1 - With respect to Condition Nos. 1, 2, 6, 8 and 11, they were not substantively changed. 2 - With respect to Condition No. 12 making the term 20 years, that the Use Permit for the transfer station on the adjoining parcel in the City of San Carlos with which this property is to be used as an adjunct has a Use Permit granted for 20 years, and, similarly, the operations and functions specified by the Joint Powers Authority of which Redwood City is a member is also for a term of 20 years, accordingly the combination of parcels has already been granted the use for 20 years. The five-year review period is included in the interest of the community's health, welfare and morals and represents exercise of police power to maintain close control, because of the nature of the operation. 3. With respect to Condition No. 13, there is no legal basis for the granting of a franchise in the context of the Use Permit. The motion carried unanimously by roll call vote. """' MINUTE ORDER NO. 81-193 Reg.Mtg. 12/14/81 Page ?