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City Of San Leandro Community Development Department Planning Services Division Staff Report DATE: January 5, 2012 TO; Board of Zoning Adjustments FROM: Elmer Penaranda, Senior Planner SUBJECT: Matter of Revocation of PLN2011- 00021; to consider revoking Conditional Use Permit (CUP) to operate a trailer rental and sales business at 2661 Alvarado Street, Unit 22. The property referenced in the CUP was used for an unauthorized activity other than the operation of the trailer rental business through rental to an entity that conducted a public assembly in the trailer business location. The unauthorized occupancy violated the PLN2011 -00021 Conditions of Approval. Pursuant to Zoning Code Article 29 the Board of Zoning Adjustments shall conduct the public hearing to consider revoking the CUP by making one or more findings listed in Article 29. Assessor's Parcel Number 77A- 648 -3- 11; D. McKinney, C &M Trailer Rental (applicant); R. Legallet, 2661 Alvarado LLC (property owner); IG Industrial General District. This item was postponed from the December 1, 2011 Board of Zoning Adjustments meeting and is being re- noticed far the } January 5, 2012 BZA meeting. Due to the seriousness of this matter this item was postponed from the December 1, 2011 Board of Zoning Adjustments meeting and rescheduled to the January 5, 2012 BZA meeting to have as many Board members in attendance as possible to insure the issues are thoroughly discussed and that a proper decision can be rendered. C &M Trailer Rental, operated by Mr. Damon McKinney, and the property owner, Mr. Robert Legallet, 2661 Alvarado LLC, received a Conditional Use Permit (PLN2011- 00021) for equipment rentals and used equipment sales at 2661 Alvarado Street, Unit 22. The Agreement to Conditions for the use permit and the excerpt of the BZA meeting minutes from September 1, 2011 are included as attachments. The City has found that the property referenced in the Conditional Use Permit (CUP) was used for an unauthorized activity other than the operation of the trailer rental business through rental to an entity that conducted a public assembly in the trailer business location from Friday evening, September 30, 2011 to early Saturday morning, October 1, 2011. The unauthorized occupancy violated PLN2011- 00021. In addition, the CUP was issued on misleading information and misrepresentation, as the City of San Leandro Police Department in its investigation found that the business owner advertised the space for rent for uses other than a place for the trailer rental business. Pursuant to Zoning Code Article 29 Enforcement, the City has scheduled a public hearing similar to the September 1st Board of Zoning Adjustments (BZA) meeting to consider revoking the original CUP.