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• <br /> Minutes - San Leandro City Council Meeting - November 18, 1991 Page - 9 - <br /> NEW BUSINESS (continued) <br /> K. MINUTE ORDER NO. 91-106 <br /> SHOPPING CART PROGRAM <br /> On motion by Council Member Perry who moved its approval , seconded by Council <br /> Member Polvorosa and carried by the following called vote, the City Council <br /> directed staff to place the Shopping Cart Ordinance, an Ordinance Adding Title <br /> IV, Chapter 30 to the San Leandro Municipal Code Relating to Shopping Cart <br /> Impoundment and Disposal , on the December 2, 1991, City Council Agenda, with a <br /> modification to include a requirement that owners of shopping carts include phone <br /> numbers on the carts; and directed staff to place a Resolution on the December <br /> 2, 1991, Agenda establishing a $20-per-cart recovery charge. <br /> AYES: Council Members Corbett, Faria, Glaze, Perry, Polvorosa, Santos; <br /> Mayor Karp ( 7 ) <br /> NOES: None ( 0 ) <br /> ABSENT: None ( 0 ) <br /> 8. PUBLIC HEARINGS <br /> A. Matter of Appeal by William H. Kerry of the Board of Zoning <br /> Adjustments' Revocation of the Zoning Approval , ZA-91-1, for Best <br /> Transport, Inc. , and Ruan Leasing Company for Expansion of a Legal , <br /> Non-Conforming Use, in Violation of the Zoning Code; 1791 Neptune <br /> Drive; Assessor's Parcel Number 79A-541-36; I-P Zoning District. <br /> This being the time and place for the Public Hearing on the above <br /> matter, Joann Scilley, Community Standards Coordinator, said the matter <br /> before the City Council was an appeal of revocation of zoning approval <br /> for property located at 1791 Neptune Drive. She said the zoning <br /> approval for Best Trucking and Ruan Leasing Company had been revoked in <br /> June. She said the property owner, Mr. Kerry, along with the tenants, <br /> had appealed the revocation to the Planning Commission and the Planning <br /> Commission had denied the appeal . <br /> Ms. Scilley said in June 1989 Best Trucking moved onto the site without <br /> obtaining zoning approval . Staff notified Best and the property owner <br /> they were in violation of the Zoning Code because trucking was not <br /> permitted in the I-P District. Mr. Kerry, the property owner, <br /> contacted the City and said the Best activities were similar to the <br /> previous uses which had been on the site prior to the zoning change <br /> which occurred in 1983 from I-2 to I-P. He, therefore, asked for a <br /> legal non-conforming use determination. Ms. Scilley said the Zoning <br /> Code provides for a legal non-conforming use determination, but the use <br /> cannot be increased or expanded. She said it was determined the <br /> activities were legal and non-conforming, and on February 20, 1990, the <br /> companies involved signed a Letter of Agreement establishing the <br /> allowable base level of activity on the site. <br />