5A Public Hearings 2018 0507 - Laserfiche WebLink

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File Number: 18-184 the BZA, by a 7-0 decision, approved the proposed Project without the requested Conditional Use Permit (CUP) for warehouse-storage facilities and warehouse-wholesale/retail distribution facilities as a permitted use. Attached to this report is the complete BZA agenda packet and the draft minutes from the March 1, 2018 meeting. The audio recording of the March 1, 2018 BZA meeting is also available at: <http://sanleandro.granicus.com/MediaPlayer.php? view_id=2&clip_id=1036>. On March 16, 2018, the Appellants filed an appeal of the BZA’s decision (attached). The appeal was scheduled for the May 7, 2018 City Council meeting within 60 days of receipt in accordance with Zoning Code Section 5-2808. The San Leandro Zoning Code definitions for the requested warehouse uses are: Warehouse-Storage Facilities. Warehousing facilities primarily used for the storage and/or consolidating of items such as raw materials, private goods, and the intermediary storage of bulk goods intended for further distribution and this classification includes moving and furniture storage companies. Warehouse-Wholesale/Retail Distribution Facilities. Distribution and warehousing facilities, such as order-processing fulfillment centers, logistics business, and other facilities that provide for the shipment of an on-site inventory of goods and products directly to retail/wholesale customers or retail stores and this classification includes facilities for the repackaging of consumer goods for shipment to retail stores. Appeal The Appellants submitted a focused appeal regarding Condition of Approval II.B, which places limitations on the Appellants requested uses. Condition of Approval II.B reads: This Conditional Use Permit approves the use of Warehouse-Storage Facilities and Warehouse-Wholesale/Retail Distribution Facilities on the subject property, as defined by the City of San Leandro Zoning Code. The site shall not be primarily warehouse storage or warehouse wholesale and retail distribution uses. Warehouse storage or warehouse wholesale and retail distribution uses that are accessory to other industrial uses are permitted. Any other conditionally permitted uses shall require approval of an amended Conditional Use Permit, as identified in the San Leandro Zoning Code. The Appellants stated that the condition of approval is inconsistent with their application, which sought an ongoing non-tenant specific CUP to allow warehouse storage and warehouse distribution on site. The Appellants argue this fundamentally compromises their willingness to proceed with plans to redevelop the property. The Appellants propose a compromise that the condition of approval be amended to restrict warehouse storage and warehouse distribution uses for a period of six months following issuance of a temporary certificate of occupancy for the shell building, which would allow initial marketing of the Project to permitted uses. Project Page 2 City of San Leandro Printed on 5/1/2018 270