Minutes 1993 0201 - Laserfiche WebLink

Home

Minutes - San Leandro City Council Meeting - February 1, 1993 Page - 18 - PUBLIC HEARINGS (continued) Council Member Faria asked, if the City Council made a motion to make the properties I-G effective with the new Maps, what would happen to the use today. Mr. Meyers said they could not continue an illegal use. He said their rights are limited to whatever they are entitled to under the pre-existing use, which was I-2. He said the use would continue to be a legal , non-conforming use up until the time the City Council adopts the new Maps, and thereafter, until they change. He said there is a level of use that is allowed as a pre-existing, non-conforming use but that level has been exceeded. He said that exceeded use cannot continue but they can continue at a certain level based upon the pre- existing non-conformity. Mr. Weisbrod said Community Standards has set Conditions in an agreement which Best-Ruan had signed. He said they are operating outside of those limits at the current time. He said the matter was tabled by the City Council until such time as re-zoning was done. Council Member Corbett asked if the City Council could continue to suspend enforcement proceedings against Best. Mr. Meyers said they could. Council Member Myers asked if the City Council could move to have the property zoned I-2 and not become effective until the I-G comes in. Mr. Meyers said they could. Council Member Corbett asked if the City Council could leave the zoning as is and allow it to become I-G later. Mr. Meyers said they could; they could deny the Appeal and the property would remain I-P. He said when the City Council approves the Zoning Maps they could designate the area I-P, I-G, or I-L, as they chose. Council Member Faria said he wished to move to re-zone A-92-02 to I-2, effective with the new Zoning Map, and suspend all enforcement action that now makes the operation .illegal . He noted that the property owner for A-92-07 had said he would be happy to wait for the new Code, but the same motion would work for both. Mr. Meyers said the City Council could grant the Appeal for A-92-02 and A-92-07 and re-zone both properties to I-2 but make the re-zoning ordinances operative only upon adoption of the new Zoning Maps. There was discussion of the motion. Council Member Corbett asked what the difference would be between re-zoning the property to I-2 now and having it become I-G in the future. Mr. Meyers said if the property were re-zoned I-2 now all I-2 uses would be permissible until the I-G zoning became effective when the Zoning Maps were approved. Council Member Perry asked if the motion should include wording to the effect that other I-2 properties in the area should be considered for I-G zoning in the future. Mr. Meyers said no that was not part of the Hearing at this time.