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Appeal of PLN2001-00005 Denial 2 05/14/01 adopted Bikeway Plan. The location of the use would conflict with the City's Bikeway Plan, to serve as a major north -south bicycle corridor through the City and serve the BART stations directly for bicyclists. This memorandum and attachments will serve as the staff report for PLN2001-00005. A copy of the April 5, 2001, Board of Zoning Adjustments Staff Report and minutes of the Board's public hearing of April 5, 2001, are attached for your review. BACKGROUND • In November 2000, the applicant leased two, 25- by 250-foot swaths of Union Pacific Railroad (UPRR) right-of-way to expand its capacity for vehicle storage. One portion of leased right-of-way is adjacent to the primary site on Harlan Street and the other portion of leased right-of-way is across the street, on the north side of Harlan, adjacent to San Leandro Towing and Duarte's Towing. • The applicant would like to expand its vehicle storage yard into the contiguous railroad right- of-way. The second leased area, across the street, would be used for short-term holding of vehicles while arranging vehicles in the primary lot (527 Harlan). This proposed expansion requires a conditional use permit application, which would modify the existing use permit, CU-00-6, approved by the Board of Zoning Adjustments last May 18, 2000. • The railroad right-of-way adjacent to the primary lot has already been improved with access, partial paving and fencing without the required conditional use permit. The applicant was advised that a conditional use permit was required prior to any expansion of the vehicle storage into the railroad right-of-way. The applicant did obtain the necessary encroachment permit from the Engineering and Transportation Department to construct the new driveway on Harlan Street. The secondary area across Harlan Street appears to have been slightly graded already, but has not yet been paved, improved with driveway access or fencing. • Staff outlined two possible recommendations to the Board of Zoning Adjustments for its April 5 public hearing: 1. Denial of the application; or 2. Approval of vehicle storage on the contiguous lot only with approved screening. • Denial of the application would prevent the precedent of allowing outdoor vehicle or equipment storage in the railroad right-of-ways. In addition, outdoor storage yards in the railroad properties has the potential to have a detrimental and negative impact to City's efforts and investments to enhance City corridors, thoroughfares, and special focus areas such as the San Leandro Boulevard. Another reason for denial is that the proposed expansion would be in conflict with the City's Bikeway Plan where a bikepath is proposed along the Union Pacific right-of-way.