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<br /> Mr. Andy Saberi
<br /> c/o William H. Paynter and
<br /> Thomas I. Saberi, Attorneys
<br /> Zoning Administrator
<br /> Page 4
<br /> dimensioned parking layout, building design and materials and colors,
<br /> landscaping, and signage for the Property and that all sidewalks and driveways
<br /> conform to City standards.
<br /> 18, Prior to, or upon, recommencing service station operations in August
<br /> 1996, no application for an amended use permit, or a new, superseding use
<br /> permit, was made by or for the Owner with respect to changes in the layout
<br /> (specifically, the addition of a third service island), changes in landscaping
<br /> (including, among other matters, provision of trees, ornamental shrubbery or
<br /> other vegetation, and fencing), lighting facilities, trash or storage facilities, or
<br /> hours of operation.
<br /> 19. By application dated September 13, 1995, the Owner, or the Owner's
<br /> agent, applied for a building permit for the performance of work on the Property
<br /> described as, "Install one underground tank/replace piping/monitoring of 2
<br /> existing tanks," The drawing submitted with the application included, on the first
<br /> page thereof, an outline of a third service island and the legend on said page
<br /> referred to said island as "proposed." The detailed construction drawings did not
<br /> include the third service island but described with specific dimensions and
<br /> related detail, the underground tank and appurtenances to be installed.
<br /> 20. A permit issued by the Redwood City Fire Department dated August
<br /> 8, 1995, pertaining to the Property was issued, "To keep, store, use,
<br /> manufacture, handle, transport, or otherwise dispose of flammable, combustible
<br /> or explosive materials; . . ." for the specified purpose of installing one
<br /> underground flammable liquid storage tank and the related purpose of altering
<br /> three tanks. No reference is contained in said permit to the construction and
<br /> installation of the third service island.
<br /> 21. The Owner contends that the reference to the proposed third service
<br /> island contained on the face page of the drawings submitted with the application
<br /> for a building permit impliedly included an application for the construction and
<br /> installation of the third service island, and that the building permit impliedly
<br /> authorized the installation thereof.
<br /> 22, The building permit issued for the Property (Permit No. 952081)
<br /> expressly provides for the installation of one underground tank, replacement
<br /> piping, and the monitoring of two existing tanks, The building permit did not
<br /> authorize, expressly or impliedly, the installation of the service island.
<br /> 23. The installation of the third service island constitutes a change in, and
<br /> addition to, the structures permitted under the use permit dated September 15,
<br /> 1982, Use of the third service island constitutes an increased, more intensive,
<br /> MINUTE BOOK NO. 55
<br /> Paqe No. 036
<br /> Fndgs-3
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