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II I II II Mayor Pro Tem Howard advised that the owners/operators of the Gas Mart would speak first for fifteen minutes, the two groups of neighbors would speak for seven minutes each, and the Gas Mart customers and anyone else who hadn't already '-' addressed the Council would then speak for up to three minutes each. She asked that the spokespeople for groups speak first, and urged everyone to treat each other with respect and civility. Mayor Pro Tem Howard opened the public hearing at 8:22 p.m. MINUTE ORDER NO. 96-275 3. Hear public testimony; A. David Jay Morgan, 1900 O'Farrell Street, San Mateo, Attorney-at-Law representing Sabek Inc. said there was no question concerning the good faith of his client. "Without any court order or City requirement he voluntarily curtailed his hours and voluntarily abandoned use of the facility of the 3'" island so that he could see how the station operated without these facilities.... He did this in good faith in an attempt to come here tonight in an effort to reach an agreement." Mr. Morgan said "from a legal standpoint I don't think there is any question that a fair interpretation of the Zoning Ordinance Section 35, particularly ge. would clearly pennit the operation of this gas station to be 24-hours a day. This gas station operated at the same location for 24-hours a day for many years. It was just within the recent past when there was a subtenant in there that the hours were from ~ 6 a.m. to 11 p.m..... The reason (the station) was pennitted to operate 24-hours a day is because this property is not located in a neighborhood commercial center which is one of the requirements of Section 35, ge for curtailed hours, and it does not adjoin a residentially zoned or developed property. There is in fact a convalescent hospital located near the facility. As a matter of law a convalescent hospital is not residential property. It requires a business license, professional licenses, and the profits derived from a convalescent hospital are not deemed rents.... This is not a residential property. As a result of that it is legal for this property to be operated 24-hours a day.... There are other gas stations on Woodside Road that do abut residential properties that are open 24-hours a day. Those gas stations are in violation of this Ordinance, my client's gas station is not." Mr. Morgan said "Insofar as the (3"') island is concerned.... my client applied for and did obtain a building pennit. And pursuant to that building permit he went ahead and installed everything. Everything was inspected by the City of Redwood City and was approved. As a result of that his operation of this facility is proper.... I would like to see if we can't arrange for a satisfactory resolution to amend the Use Pennit so that this business can proceed... Does the (3"') island constitute a nuisance? To my knowledge this business has been in operation since the remediation has been completed, there have been no police reports made, no '--' accidents, no complaints from trucks delivering gasoline.... If the ingress and egress was so difficult for people they would buy their gas somewhere else." Mr. REGULAR COUNCIL MEETING MINUTE BOOK NO. 55 NOVEMBER4,1996 MINUTES PAGE 7 Page No. 009