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CITY OF SAN LEANDRO STAFF REPORT DATE: May 14, 2001 TO: John Jermanis, City Manager FROM: Hanson Hom, Development Services Director BY: Elmer Penaranda, Planner 11 SUBJECT PROJECT/PROJECT DESCRIPTION: APPROVED AND FORWARDED TO CITY COUNCIL Jo an' Ci ager o? Cd _� S 05-91-0�o) 6log8 1.Q1I Matter of Appeal by Stephen G. Chandler, Attorney on Behalf of Bill's Towing, Applicant, of the Board of Zoning Adjustments' Denial of PLN2001-00005; Conditional Use; to Modify an Existing Conditional Use Permit to Expand an Existing Vehicle Storage Facility for Bill's Towing into Two Portions of Union Pacific Railroad (UPRR) Right of Way. One Portion, the Primary Lot, is Located Contiguous to the Current Business Location at 527 Harlan Street. The Second Area is Located on the North Side of Harlan Street, Between Harlan Street and Castro Street, Adjacent to 520 Harlan Street and 597 Castro Street. The Second (UPRR) Right -of -Way Area Would Be Used for Short -Term Holding of Vehicles While Arranging Vehicles in the Primary Lot (527 Harlan Street); Assessor's Parcel No. 75-77-15 and Portions of 75-77-18 and 33; W. Drew and D. R. Kraft, Bill's Towing, Applicant and Property Owner of 527 Harlan Street; Union Pacific, Property Owner of UPRR Right of Way; IL Industrial Limited. SUMMARY AND RECOMMENDATION The Board of Zoning Adjustments and staff recommend that, by motion, the City Council uphold the Board's denial of PLN2001-00005. However, if the City Council feels it can make the findings to approve the application, staff recommends that the Council overturn the Board's denial and approve, by motion, the vehicle storage on the contiguous lot only, subject to the attached Recommended Findings and Conditions of Approval. At its April 5, 2001 meeting the Board of Zoning Adjustments denied of the proposed conditional use application referenced above. Its action to deny the application was based on preventing the precedent of permitting vehicle and/or equipment storage in the railroad right-of-ways that traverse the City and also for conformance with the City's Bikeway Plan. The Board concluded that the encroachment of vehicle storage yards into the railroad right-of-way would have a detrimental impact on the appearance and aesthetics of City streets, residential neighborhoods, and commercial and industrial districts that the railroad right-of-ways transect. In addition, it found that the expansion into the railroad right-of-way would be inconsistent with the City's