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File Number: 12 -079 The BZA found that 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 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 scheduled a public hearing similar to the September 1 st BZA meeting to consider revoking the original CUP. After conducting the duly noticed public hearing the BZA made the necessary findings and revoked the CUP. Analysis 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. September 1, 2011, C &M Trailer Rental was granted a CUP by the BZA 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. Friday evening, September 30, 2011 to early Saturday morning, October 1, 2011, the property specified 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. A triple homicide occurred in the immediate area shortly after the unauthorized occupancy. City of San Leandro Police Department report states the unauthorized assembly occurred at 2661 Alvarado Street, Unit 22, C &M Trailer Rentals and that the business owner advertised the space for rent for other activities other than a place for trailer rentals (see attached City of San Leandro Police Department Report, dated October 21, 2011). The advertisement shows that the business owner had intentions to use the property for purposes other than the proposed and conditionally approved use. November 5, 2011, the City sent a letter to the applicant and property owner (see attached) citing 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 the Conditions of Approval 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. In the same letter the City stated that pursuant to Article 29, "Enforcement' of the Zoning Code, the City would duly notice a BZA meeting where it would conduct a public hearing to City of San Leandro Page 2 Printed on 411012012