Millbrae council upholds finding that 370 Adrian Road warehouse use was abandoned

The Millbrae City Council on Dec. 2, 2025, voted 5-0 to deny a property owner's appeal and uphold a Planning Commission resolution that the nonconforming warehouse and distribution use at 370 Adrian Road had been abandoned.

Community Development Director Andy Mogensen told the council that Millbrae's zoning code treats any nonconforming use that is "wholly discontinued for a period of 90 days" as abandoned. "Millbrae Municipal Code section 10.05 0.242 specifies that if a nonconforming use is wholly discontinued for a period of 90 days, such use shall be deemed to have been abandoned and all future uses shall comply with the regulations of the particular district," Mogensen said during the staff presentation.

The staff report and attachments cited three types of evidence: a documented vacancy after Revolution Foods (doing business as Better For You) consolidated operations, a month-to-month parking agreement with Lucid Motors that began July 1, 2024, and municipal utility records showing zero metered water usage on the parcel between October 2023 and April 2025 with a single anomalous month. Mogensen told the council that the combination of lease documents, lack of business-license records and the water-meter readings constituted substantial evidence that the nonconforming warehouse/distribution use had lapsed.

The property owner, identified in staff materials as Edward Kwan, disputed the conclusion and presented a timeline and documents he said showed Ocean View Marine Products attempted to occupy and operate at the site. Kwan said Ocean View submitted applications and shipping records, maintained a PG&E power account, and performed limited storage and distribution activity while it sought to install processing equipment and obtain a fire inspection and business license. "The email was sent to me on September 26...the staff is preparing the letter to extend the nonconforming use," Kwan said, arguing that the record included planner correspondence indicating staff intent to extend or approve the use.

Staff and city managers countered that the record did not show a formal zoning clearance or any final approval. City Manager Tom Williams and Mogensen said that while a planner may exchange correspondence, staff had no evidence that an approval was issued, and the municipal code provides no mechanism for staff to retroactively extend the 90-day extinguishment period. "If a nonconforming use is wholly discontinued for a period of 90 days, such use shall be deemed to have been abandoned," Mogensen reiterated in rebuttal, and "the burden of proof is on the applicant."

Council members pressing both sides asked for detail about the water-measurement method, the number of inspection and licensing requests, and the timing of leases. The owner said Ocean View had a small part-time presence and shipped finished products from San Diego to the Bay Area; staff said seven invoices produced by the applicant were insufficient to show a sustained operating business given the other records.

Several councilmembers said they were sympathetic to the owner's economic arguments but found the evidentiary record insufficient to rebut the Planning Commission. "It is a tough situation," Mayor Fung said, noting options outside the appeal process. Multiple members encouraged the owner to pursue permissible paths such as a rezoning application or conditional-use permit if he seeks a different legal use of the parcel.

Vice Mayor Oliver moved to deny the appeal, Councilman Nguyen seconded, and the council voted 5-0 to uphold the Planning Commission's determination that the nonconforming warehouse and distribution use at 370 Adrian Road had been abandoned. The council recorded the vote as unanimous.

City staff said they would assist the property owner in expediting any future applications the owner might file to pursue an alternative, conforming use. The meeting adjourned at approximately 8:35 p.m., with the council offering condolences for a recent international fire tragedy.