Minutes 1994 1219 - Laserfiche WebLink

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• Minutes - San Leandro City Council Meeting - December 19, 1994 Page - 5 - CONSENT CALENDAR (continued) G. Ordinance No. 94-028, An Ordinance Amending Section 7-5-110 of Title VII , Chapter 5, of the San Leandro Municipal Code Relating to Board of Appeals (consolidates the functions of the Building Code Board of Appeals and the Building Official 's Determinations Board of Appeals into one Board of Appeals with the power to hear appeals related to technical issues as well as orders and decisions of the Building Official in order to provide a shorter and more uniform forum for appeals) . (1413/1211) - Adopted 7. NEW BUSINESS A. An Interim Ordinance Prohibiting Any New Uses and Declaring This Ordinance to Be an Urgency Measure for the Preservation of the Public Peace, Health and Safety for Plaza 2 Redevelopment Plan, Area 5, Expansion Area D (prohibits truck terminals adjacent to residential properties in Area 5, Expansion Area D of the Plaza 2 Redevelopment Area) . Steve Emslie, Planning Manager, explained that this is an Urgency Ordinance to declare, for 45 days, that truck terminals are prohibited in Redevelopment Expansion Area D, the Philipps Lane and Beecher Street area. He said the City Council has the power to impose a moratorium for 45 days, and to extend it for up to two years, following a public hearing. He provided background information on the formation of Area D and described the Owner Participation Agreement (OPA) for the property located at 993 Beecher Street, owned by Harman Shragge, for a truck terminal . He said, after the truck terminal began operation, a series of complaints was received by the City, from as early as 1993, and petitions were submitted by the neighborhood regarding problems with noise, vibration, dust, etc. Remediation measures have been unsuccessful , and early this year the matter was turned over to Community Standards for enforcement. Staff has worked with Vecta, but they have been unable to mitigate the problems. In October, Vecta decided to relocate to Hayward, and the terminal is no longer in operation. He said staff proposes a moratorium and will prepare an amendment to the Redevelopment Plan which will permanently prohibit truck terminals in Area D. If the amendment cannot be prepared within the 45-day time period, a Public Hearing will be held on January 17, 1995, to extend the moratorium. In response to Council questions, Mr. Emslie explained that the Redevelopment Plan has special powers, which take precedence over the Zoning Code. He explained that the IP and IC zones control this type of use near residential areas, outside the Redevelopment Area.