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IN THE BOARD OF ZONING ADJUSTMENTS FOR THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2012 -01 <br />A RESOLUTION REVOKING CONDITIONAL USE PERMIT PLN2011 -00021 <br />TO OPERATE A TRAILER RENTAL AND SALES BUSINESS AT 2661 ALVARADO <br />STREET, UNIT 22, SAN LEANDRO, WHERE VEHICLE/HEAVY EQUIPMENT DEALERS, <br />USED AND VEHICLE/HEAVY EQUIPMENT SALES ARE CONDITIONALLY <br />PERMITTED USES IN THE IG INDUSTRIAL GENERAL DISTRICT; <br />D. MCKINNEY, C &M TRAILER RENTAL (APPLICANT), <br />R. LEGALLET, 2661 ALVARADO LLC (PROPERTY OWNER); <br />ASSESSOR'S PARCEL NUMBER 77A- 648 -3-11 <br />RECITALS <br />WHEREAS, on September 1, 2011, a Conditional Use Permit PLN2011- 00021, was <br />approved by the Board of Zoning Adjustments of the City of San Leandro (hereafter "Board ") <br />for C &M Trailer Rental ( "C &M ") and 2661 Alvarado LLC (Property Owner) permitting the <br />operation of a trailer rental and sales business on a property zoned IG Industrial General District, <br />known as 2661 Alvarado Street, Unit 22, San Leandro, Alameda County Assessor's Parcel <br />Number 77A - 648 -3 -11 (hereafter "CUP "); and <br />WHEREAS, 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 conducted a <br />public assembly in the trailer business location from Friday evening, September 30, 2011 to early <br />Saturday morning, October 1, 2011; and <br />WHEREAS, the unauthorized occupancy violated Conditions of Approval, Section II. <br />PERMITTED USES because it was not approved by the Board as a permitted use and it was not <br />permitted by the Board as a modification to the use permit; and <br />WHEREAS, the City of San Leandro Police Department investigation and report stated <br />that C &M advertised the space for rent for other activities other than a place for trailer rentals; <br />and <br />WHEREAS, the advertisement shows that the business owner had intentions to use the <br />property for purposes other than the proposed and conditionally approved use, the CUP was <br />granted on erroneous information and was misrepresented to the Board; and <br />WHEREAS, a triple homicide occurred shortly after the unauthorized occupancy <br />violating PLN2011 -00021 in the immediate area; and <br />WHEREAS, on November 3, 2011, C &M and property owner were notified by City staff <br />that C &M was in violation of its CUP, and regarding actions the City would take to revoke the <br />CUP due to the violation of its terms and conditions; and <br />