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3A Public Hearing 2012 0416
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3A Public Hearing 2012 0416
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7/20/2012 5:23:30 PM
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4/10/2012 4:38:37 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/16/2012
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_CC Agenda 2012 0416 CS+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0416
MO 2012-016
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\City Clerk\City Council\Minute Orders\2012
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File Number: 12 -079 <br />The BZA found that the property referenced in the CUP was used for an unauthorized activity <br />other than the operation of the trailer rental business through rental to an entity that <br />conducted a public assembly in the trailer business location from Friday evening, September <br />30, 2011 to early Saturday morning, October 1, 2011. The unauthorized occupancy violated <br />PLN2011- 00021. In addition, the CUP was issued on misleading information and <br />misrepresentation, as the City of San Leandro Police Department in its investigation found <br />that the business owner advertised the space for rent for uses other than a place for the trailer <br />rental business. Pursuant to Zoning Code Article 29 Enforcement, the City scheduled a public <br />hearing similar to the September 1 st BZA meeting to consider revoking the original CUP. After <br />conducting the duly noticed public hearing the BZA made the necessary findings and revoked <br />the CUP. <br />Analysis <br />The subject property is zoned IG Industrial General and is located on the northwest corner of <br />Alvarado Street and Aladdin Avenue. Properties surrounding the property are all zoned IG <br />and contain primarily warehouse uses with manufacturing and /or distribution businesses, and <br />building contractors. The subject parcel is a 5.4 acre site developed with a 95,860 square -foot <br />multi- tenanted industrial building. <br />September 1, 2011, C &M Trailer Rental was granted a CUP by the BZA to operate a rental <br />facility on a portion of the property that specializes in trailers for transporting vehicles only. All <br />of the trailers are stored inside the building until they are rented out by a customer. The <br />business operates in a 3,945 square -foot in -line space facing Aladdin Avenue (south side of <br />the building). The hours of operation are Monday through Saturday, by appointment only. <br />Friday evening, September 30, 2011 to early Saturday morning, October 1, 2011, the property <br />specified in the CUP was used for an unauthorized activity other than the operation of the <br />trailer rental business through rental to an entity that conducted a public assembly in the <br />trailer business location. A triple homicide occurred in the immediate area shortly after the <br />unauthorized occupancy. <br />City of San Leandro Police Department report states the unauthorized assembly occurred at <br />2661 Alvarado Street, Unit 22, C &M Trailer Rentals and that the business owner advertised <br />the space for rent for other activities other than a place for trailer rentals (see attached City of <br />San Leandro Police Department Report, dated October 21, 2011). The advertisement shows <br />that the business owner had intentions to use the property for purposes other than the <br />proposed and conditionally approved use. <br />November 5, 2011, the City sent a letter to the applicant and property owner (see attached) <br />citing the property in the CUP was used for an unauthorized activity other than the operation <br />of the trailer rental business through rental to an entity that conducted a public assembly in <br />the trailer business location from Friday evening, September 30, 2011 to early Saturday <br />morning, October 1, 2011. The unauthorized occupancy violated the Conditions of Approval <br />because it was not approved by the BZA as a permitted use and it was not permitted by the <br />BZA as a modification to the use permit. <br />In the same letter the City stated that pursuant to Article 29, "Enforcement' of the Zoning <br />Code, the City would duly notice a BZA meeting where it would conduct a public hearing to <br />City of San Leandro Page 2 Printed on 411012012 <br />
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