3A Public Hearing 2012 0416 - Laserfiche WebLink

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Excerpts of the Board of Zoning Adjustments Regular Meeting Minutes January 5, 2012 Page 2 of 7 Assessor's Parcel Number 77A- 658- 3 -11); Damon McKinney, C &M Trailer Rental (applicant); 2661 Alvarado LLC (property owner): IG Industrial General District. This item was postponed from the December 1, 2011 BZA meeting and re- noticed for the meeting of January 5, 2012 BZA. (Penaranda) Chair Daly recused himself because he understands that a criminal prosecution is related to the site involved in this matter and he works in the Alameda County District Attorney's office. Senior Planner Penaranda stated that the BZA granted the CUP in this matter on September 1, 2011, for the owner to operate a trailer rental and sales business at the subject property. On the night of September 30, 2011 and into the early hours of October 1, 2011, the property was used for an unauthorized activity, having been rented to an entity that conducted a public assembly. Planner Penaranda said that the CUP clearly sets forth the property's use, and added that industrial areas typically are located on quiet and underserved streets. The buildings have minimal exiting for persons to gather and lack adequate sanitary facilities to accommodate public gatherings. According to Planner Penaranda, the police investigation, in the wake of a triple homicide occurring in the immediate area shortly after the unauthorized activity ended, revealed that the business owner had advertised the space for rent for activities other than the conditionally approved use. Accordingly, he said that staff recommends revoking the CUP based on two findings that comply with requirements of Zoning Code Article 29: 1) The permit was issued on the basis of misleading information and misrepresentation, and 2) The terms and conditions of approval had been violated. Planner Penaranda said that if the BZA concurs with staff s recommendation, the agenda packets contain a resolution prepared to accomplish the revocation. Member Palma questioned whether the finding regarding misleading information is applicable, because when the BZA approved the CUP, the BZA was unaware of potential uses of the site for public assembly and perhaps the owner did not even know about that use at the time. She also wondered why the revocation recommendation does not cite the finding from Article 29 "that the approval has been so exercised to constitute a public nuisance or be detrimental to public health and safety." Member Makin asked why the copy of the Agreement to Conditions in the agenda packet is unsigned. Planner Penaranda said that the paperwork was in process of being mailed with a cover letter to the applicant when the incident occurred. Referring to applicant Damon McKinney's letter in the agenda packet, Member Makin also asked about the $8,600 fee ($250 per month), noting that he found no explanation about that money. Planner Penaranda explained that the sum cited is the Development Fee for Street Improvements (DFSI), which is required by ordinance when there's a change of use to a building. To calculate the DFSI, he explained, an amount for the type of use approved is multiplied by square footage of the tenant space. He also said that Mr. McKinney would have been aware of the amount prior to the September 1, 2011 meeting at which his CUP application was approved. Member Abelee, citing the January 5, 2012 staff report's reference to the possibility of a change in the permit being approved by the Community Development Director, said that she assumed that did not happen. Planner Penaranda said that her assumption was correct.