3A Public Hearing 2012 0416 - Laserfiche WebLink

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File Number: 12 -079 consider revoking the CUP by making one or more findings listed in Article 29. On January 5, 2012, the BZA conducted the public hearing and at the conclusion found that the activity at 2661 Alvarado Street, Unit 22 operated in violation of the terms and conditions of PLN2011- 00021. In addition, the advertisement to rent the space for other activities other than a place for trailer rentals shows that the permit was issued on the basis of erroneous information and misrepresentation. These findings complied with the requirements of Section 5 -2906 of the Zoning Code and allowed the Board of Zoning Adjustments to revoke the CUP. The appellant is appealing the decision to revoke the CUP stating that it was not true that erroneous information or information that was misleading had been provided to the City (see attached). The appellant states that the triple homicide was not related to C &M Trailer rentals being out of compliance with the use of the facility, although he did rent out the facility. The homicides occurred after the facility was closed and had nothing to do with the owner of the business. The appellant or the business should not be connected to tragedy that he did not cause or in which he was not involved. The advertisement to rent the space for parties was due to the City's Development Fee for Street Improvements (DFSI) of approximately $8,600. Had he known this at the beginning of the application process he would not have located his business at this location. He believes these events would have not occurred if he was told about the cost of the DFSI, which he describes as a reason for needing to rent out the facility. Lastly, he believes his business owner investment rights are being violated. The facility was not permitted to be rented out for parties under his approved CUP. The hours of the unauthorized event occurred after 5:00 p.m. At the BZA public hearing on September 1, 2011, the appellant stated that business operations would not occur any later than 5:00 p.m. (see attached excerpt of minutes). Permits and/or Variances Granted 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 (formerly Gardco Lighting) into 26 individual tenant spaces, for rent, for light industrial, office and warehouse uses. (Note: The Conditions of Approval for PLN2006 -00017 included a requirement that the DFSI would be required on any new uses on the property and as a condition to the issuance of any building permit for each of the spaces. The new use would pay the DFSI fee based on the proposed use; however it would receive credit for the previous use established by Gardco Lighting.). 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 hours of operation are Monday through Saturday, by appointment only. On January 5, 2012, the BZA conducted the public hearing and at the conclusion found that the activity at 2661 Alvarado Street, Unit 22 operated in violation of the terms and conditions of PLN2011- 00021. Environmental Review This project to appeal the revocation of PLN2011 -00021 is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15321 City of San Leandro Page 3 Printed on 411012012