3A Public Hearing 2012 0416 - Laserfiche WebLink

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WHEREAS, the Director of the City of San Leandro Community Development Department set a public hearing before the Board to consider whether the CUP should be revoked; and WHEREAS, said public hearing was duly noticed in the same manner required for public hearings to approve conditional use permit application; and WHEREAS, the Board conducted said public hearing, and received written, and oral testimony from the permit holder, C &M, from City staff, and from the public; and WHEREAS, the Board at its public hearing considered a resolution revoking the CUP; and WHEREAS, the Board has fully considered the arguments made by and on behalf of C &M, and all other testimony and evidence presented at the public hearing. NOW, THEREFORE, the Board of Zoning Adjustments of the City of San Leandro does resolve as follows; FINDINGS 1. C &M has violated the terms and conditions of the CUP by conducting 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. 2. C &M provided the City and the Board erroneous information and misrepresented the proposed use as found by the City of San Leandro Police Department Report obtained evidence of an electronic advertisement that the place of business was available for rent for uses other than the operation of a trailer rental business. 3. C &M has failed to operate in compliance of its CUP and a triple homicide occurred shortly after the unauthorized occupancy in the immediate area. 4. Revocation of the CUP is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15321 of the CEQA Guidelines. Conditional Use Permit PLN2011 -00021 previously granted to C &M Trailer Rental, applicant, and 2661 Alvarado LLC, property owner, for its operations at 2661 Alvarado Street, Unit 22, is hereby revoked, and C &M Trailer Rental is ordered to immediately suspend all operations pertaining to such permit. C &M Trailer Rental is further ordered to remove within thirty (30) days all equipment and materials previously brought to the site.