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. , . . Director Jany advised that he had repeatedly stated to the owners and operators that the intent of a Use Permit Revocation process did not necessarily have to focus on revocation. It involved public hearing and review processes. He explained that it is a '-' mandatory process that allows public input and possible adoption of modified conditions, not necessarily closure. He added that Use Pennits have nothing to do with regulating pricing, but only how and when the subject business operates. Director Jany described two areas of concems: complaints from neighbors asserting that the Gas Mart operations constitute a nuisance with health, peace, comfort and welfare related issues; and petitions from customers who appreciate the low prices and servIce. Director Jany described staff's findings and recommendations: 1. Hours of Operation. The recommendation is to return to the service hours in effect prior to the remediation process and comply with Article 35 (6 a.m. to 11 p.m.) as 24-hour operation is detrimental to the health and welfare of the neighbors. 2. New Fuel Pump Island. The recommendation is to remove the illegal 3'" island entirely, as the island (installed during remediation improvements and without pennits) hampers safe on-site traffic flow, causing unsafe backups in the public right of way and does not allow safe and adequate fuel deliveries. Director Jany used overheads and cutouts of cars and trucks to demonstrate safety hazards when cars try to drive in and out of the station at the new 3'" island off Horgan. Director ~ Jany advised that the owners/operators of the Gas Mart have voluntarily closed the 3'" island at this time. MEMO 11/5/96 3. Storage of salvage materials. Director Jany advised that other governmental agencies in the area have had difficulties getting Sabek Inc. (operator of the Gas Mart and owned by Mr. A. Saberi) to comply with laws in a timely fashion. The recommendation is to require the construction of a fully enclosed trash storage area for the large trash bin in light of the high visibility of the site and the adjoining uses. 4. Fences, walls and screening. The recommendation is for a new, solid, higher fence for the site as a buffer particularly to the east where the removal of a mature screen of trees has caused the most impacts. Staff believes this situation constitutes a nuisance. 5. Lighting. Due to glare conditions from the service station site onto adjoining properties, it is recommended that a lighting plan be submitted. Staff believes the facts indicate another nuisance here. '-- 6. Landscaping. Due to inadequate new landscaping conditions, a full landscape and irrigation plan is recommended. The new work is found to be substandard. REGULAR COUNCIL MEETING MINlliI'l'E BOOK NO. 55 NOVEMBER4,1996 MINUTES PAGE 5 Page No. 007