3A Public Hearing 2012 0416 - Laserfiche WebLink

Home

Staff is recommending revocation of PLN2011 -00021 based upon the Findings that the permit was issued on the basis of misleading information and misrepresentation and the terms and conditions of approval of the CUP have been violated. BACKGROUND The subject property is zoned IG Industrial General and is located on the northwest corner of Alvarado Street and Aladdin Avenue. Properties surrounding the property are all zoned IG and contain primarily warehouse uses with manufacturing and/or distribution businesses, and building contractors. The subject parcel is a 5.4 acre site developed with a 95,860 square -foot multi - tenanted industrial building. On May 17, 2006 Site Plan Approval (PLN2006- 00017) was granted by the Zoning Enforcement Official (ZEO) to allow for the division of the existing single- tenant industrial building into 26 individual tenant rental spaces for light industrial, office and warehouse uses. C &M Trailer Rental was granted a CUP to operate a rental facility on a portion of the property that specializes in trailers for transporting vehicles only. All of the trailers are stored inside the building until they are rented out by a customer. The business operates in a 3,945 square -foot in -line space facing Aladdin Avenue (south side of the building). The hours of operation are Monday through Saturday, by appointment only. VIOLATION The November 5, 2011 letter to the applicant and property owner (included as an attachment) cites the property 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 from Friday evening, September 30, 2011 to early Saturday morning, October 1, 2011. The unauthorized occupancy violated Conditions of Approval (COA), Section II. PERMITTED USES (see COA excerpt below) because it was not approved by the BZA as a permitted use and it was not permitted by the BZA as a modification to the use permit. II. PERMITTED USE A. This conditional use permit allows to operate a trailer rental and trailer sales business at 2661 Alvarado Street, Unit 22, where Vehicle/Heavy Equipment Dealers, Used and Vehicle/Heavy Equipment Sales are conditionally permitted uses in the IG Industrial General District; Alameda County Assessor's Parcel Number 77A- 648 -3 -11. Per the proposed conditional use permit application there shall be no display or storage of the trailers outside the building. B. Any change or additional occupancy deemed minor in nature may be approved by the Community Development Director. A change or additional occupancy deemed major shall be referred to the Board of Zoning Adjustments for its consideration as a modification to the existing use permit. In addition, the Police Department report states that business owner advertised the space for rent for other activities other than a place for trailer rentals (City of San Leandro Police Department Report is included as an attachment). The advertisement shows that the business owner had intentions to use the property for purposes other than the proposed and conditionally approved use. The CUP was therefore issued on the BZA Staff Report January 5, 2012 Revocation ofPLN2011 -00021 Page 2 of 4