Minutes 1994 1219 - Laserfiche WebLink

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