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Minutes 1994 1219
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CM City Clerk-City Council - Document Type
Minutes
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12/19/1994
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• Minutes - San Leandro City Council Meeting - December 19, 1994 Page - 6 - <br /> NEW BUSINESS (continued) <br /> The City Attorney explained that the Ordinance prohibits approval of <br /> truck terminals in the area for 45 days and directs staff to evaluate <br /> the land use in response to this problem. <br /> Glenn Forbes said, two years ago, the property owner was given the <br /> opportunity for an OPA and was assured a truck terminal would be <br /> permitted. He said the complaints were related to a particular tenant <br /> of the site, who is now gone, and mutually acceptable solutions should <br /> be developed. He said the owner of the property was never given notice <br /> of the termination of the use or of the violations of the tenant. He <br /> objected to the action and said there is no reason for urgency; the <br /> report is directed at one property, not the Redevelopment Area as a <br /> whole. He said, under zoning law, it is a legal , non-conforming use. <br /> He said the Council should not act tonight but should study the matter <br /> and put it over to see if something can be worked out with the owner. <br /> Mr. Mattas said the proposed action related to land-use approval <br /> pursuant to the Plaza 2 Redevelopment Plan. The Ordinance applies to <br /> the entire Area D and affects all properties with residential areas <br /> adjacent to them. It is an Urgency Ordinance based upon numerous <br /> complaints to Community Standards, and appropriate time is needed for <br /> reconsideration of the appropriate land use. He said staff and Mr. <br /> Forbes can work together during the 45-day period to find common <br /> ground. He said no legal notice was required for this action. The <br /> existing OPA anticipates trucking uses but recognizes that right may no <br /> longer exist. He referred to a letter received from the Dieppenbrock <br /> Law Firm and addressed the points raised therein. <br /> Mr. Forbes said the legal , non-conforming use continues for six months <br /> even if no operation exists now. <br /> Council Member Myers said there have been a number of speakers before <br /> the Council regarding the trucking operation, but there has been no <br /> communication between Vecta and other parties such as the homeowners. <br /> He said the affected parties now need to get together and work <br /> something out. <br /> The following Ordinance was then introduced: <br /> Ordinance No. 94-029, An Interim Ordinance Prohibiting Any New Uses and <br /> Declaring This Ordinance to Be an Urgency Measure for the Preservation <br /> of the Public Peace, Health and Safety for Plaza 2 Redevelopment Plan, <br /> Area 5, Expansion Area D (prohibits truck terminals adjacent to <br /> residential properties in Area 5, Expansion Area D of the Plaza 2 <br /> Redevelopment Area) . (1413/1313-B) <br /> Introduced by Council Member Myers, who moved that it be passed to <br /> print and adopted, seconded by Council Member Galvan, with Council <br /> Member Kerr voting no (1) , and carried by a majority vote (6) . <br />
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