2100 San Pablo - U-Haul Company
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Z O N I N G
A D J U S T M E N T S
B O A R D
S t a f f R e p o r t
For Board Action
June 28, 2007
2100 San Pablo – U-Haul Company
Public Hearing to Consider Recommendation to City Council as to Whether the U-
Haul business at 2100 San Pablo Avenue is in Violation of Use Permit #7575 Under
BMC Section 23B.60.020 and, if so, the appropriate remedy.
BACKGROUND AND SUMMARY
In 1975 U-Haul was granted Use Permit #7575 to operate a truck and trailer rental business. The Use
Permit limits U-Haul to 20 trucks and 30 trailers on the lot. U-Haul has consistently operated in
violation of its use permit by storing more than 20 trucks on its lot. As a result, it regularly uses on-
street parking spaces to store excess trucks. U-Haul contends that Use Permit #7575 does not limit it to
storing 20 trucks on site, and does not prohibit U-Haul from using the public right of way to store or
stage its excess rental vehicles.
Since 1997 staff has repeatedly documented U-Haul’s unlawful practice of storing vehicles on San
Pablo Avenue and neighboring residential streets. From August 2006 to June 2007, staff and neighbors
have documented at least 24 occasions where U-Haul has used public streets to store and stage its
rental trucks. In some instances U-Haul has left these trucks on the streets for up to three days. On at
least 4 occasions’ staff has counted between 29 to 39 trucks parked on the street (Attachment 1).
On August 7, 2006, staff counted 14 U-Haul trucks parked on the street and approximately 50 trucks
parked on the lot. On August 8, 2006, staff counted 29 U-Haul trucks parked on the street and
approximately 50 trucks parked on the lot. On August 20, 2006, staff counted 39 U-Haul trucks parked
on the street and approximately 50 parked on the lot. On August 21, 2006, the Berkeley Police
Department Parking Enforcement Unit issued 23 parking citations (Attachment 2) to U-Haul trucks
parked at expired meters on San Pablo Avenue between Addison Street and Allston Way. In addition,
on the same day Code Enforcement staff counted 50 trucks parked on the U-Haul lot and 32 trucks
parked on the streets.
More recently, from April 2007 to June 2007, staff and neighbors have counted more than 35 U-Haul
trucks being stored on San Pablo Avenue and residential streets (Attachment 3). During this same2100 SAN PABLO AVENUE ZONING ADJUSTMENTS BOARD
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period staff has counted at least 40 trucks on the lot on April 4, 2007, May 20, 2007, May 29, 2007,
June 1, 2007 and June 14, 2007.
Ownership and Operation of U-Haul
U-Haul is truck and trailer rental business at 2100 San Pablo Avenue that has been in operation since
July 1975. U-Haul International, Inc in Phoenix, Arizona owns the property. Jeff Singleton, U-Haul
Marketing Company President and U-Haul Company of West Sacramento operate the business.
The property is in the West Berkeley Commercial District of South Berkeley and abuts a residential
district along Addison Street to the north and along Tenth Street to the west. The property is also part
of a commercial area referred to as the International Food District.
Use Permit #7575
In May 1975, U-Haul submitted a use permit application (Attachment 4) and site plan (Attachment 5)
to establish a U-Haul truck and trailer rental center at 2100 San Pablo. The application stated that there
would be approximately twenty trucks and thirty trailers stored at the site and that the hours of
operation are 8:00 a.m. to 7:00 p.m. The site plan prepared by U-Haul and submitted with the
application showed parking for thirteen trucks along the south perimeter of the property and another
seven trucks along the interior west wall of the property. The site plan also showed that parking was
available for only thirteen trailers along the exterior west perimeter of the property. The site plan
provided four off-street parking spaces for customers.
The June 1975 staff report (Attachment 6) to the Board of Adjustments (Board), states that the
proposed use will include twenty trucks and thirty trailers. In June 1975, based on the application and
staff report, the Board granted U-haul Use Permit #7575 (Attachment 7) to operate a truck and trailer
rental center. There are no objections in the record by U-Haul regarding the staff report’s statement
that U-Haul’s proposal was for twenty trucks and thirty trailers.
In September 1975 an inspection (Attachment 8) determined that the building had been constructed
partially in the public right of way. U-Haul was ordered to submit an application for a revocable
encroachment permit in order to leave the building as is. In November 1975, U-Haul submitted an
application for the Encroachment Permit (Attachment 9). In December 1975, the City Council
approved resolution No. 47,702 (Attachment 10) granting a revocable encroachment permit to U-Haul.
Enforcement Activity
Since at least 1997, U-Haul has repeatedly violated the conditions of Use Permit #7575. In August
1997 a neighbor complained that U-Haul had 28 trucks parked on the street and two additional trucks
were parked on the sidewalk. On August 18, 1997, staff confirmed that U-haul had 18 trucks total
parked on Addison Street and San Pablo Avenue. Another inspection later in the day on August 18,
1997 confirmed that the number of U-Haul trucks parked on the street increased from 18 trucks to 22
trucks. In September 1997, Jean Doak, Zoning Compliance Officer issued a First Notice and Order to
Correct (Notice)(Attachment 11) to William (Bill) Hurson, then U-Haul Marketing Company
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0023) to U-Haul Manager Mike Neville for parking U-Haul trucks on the public right of way. The
citation was not appealed and the $500.00 penalty was paid on August 31, 2006.
On August 23, 2006, Code Enforcement staff met with Mr. Singleton at the Berkeley U-Haul site
(Attachment 16). Mr. Singleton claimed he was unaware that U-Haul was parking trucks on the public
right of way. However City records show that Mr. Phelps contacted Mr. Singleton on August 23, 2004
about this unlawful practice. It was also pointed out to Mr. Singleton that the site plan on the wall in
the Berkeley U-Haul office was consistent with complaints from neighbors, in that it showed fifty
trucks being stored on the U-Haul lot. Mr. Singleton was informed that the site plan was in violation of
Use Permit #7575. Mr. Singleton was given a 30-day moratorium on enforcement so that he could
apply for a modification to Use Permit #7575. Mr. Singleton was advised that given U-Haul’s unlawful
practice of storing trucks on the public right of way because the lot was over capacity, it was unlikely
that U-Haul would be granted a modification to store fifty trucks on the lot.
On September 21, 2006, a Notice (Attachment 17) addressed to Mike Neville and Jeff Singleton was
given to Adam Craig, Field Relief Manager. The Notice warned that the 30-day no enforcement
moratorium would expire on September 23, 2006. The Notice also required U-Haul to reduce the
number of trucks on the lot to no more than twenty. At the time the Notice was delivered there were
fifty-one trucks on the lot.
On October 5, 2006, Gregory Daniel, Code Enforcement Supervisor issued a citation warning letter
(Attachment 18) to Mike Neville, Manager and Jeff Singleton, Marketing Company President. The
letter chronicled the unlawful practices of U-Haul, repeated violations of Use Permit #7575 and
citations issued for prior violations. In the letter U-Haul was warned that because of their extensive
history of non-compliance with Use Permit #7575 that U-Haul would be cited for the full extent of all
violations.
Failure to Modify Use Permit
In a September 14, 2000 letter, then U-Haul Marketing Company President, Jim Buell stated that U-
Haul would apply for a variance to its current permit to reduce the number of trailers and increase the
number of trucks. There is no record that U-Haul or Mr. Buell filed such an application.
As stated above, on August 23, 2006, Gregory Daniel, Code Enforcement Supervisor met with Jeff
Singleton at the Berkeley U-Haul site. During the meeting Mr. Daniel observed a site plan attached to
the wall above Mr. Neville’s desk. The site plan showed spaces for 50 trucks to be stored on the U-
Haul lot. Mr. Daniel pointed out to Mr. Singleton that the site plan was consistent with community
complaints and staff observations. Since August 3, 2006 Code Enforcement staff consistently observed
and counted 40 or more trucks being parking on the U-Haul lot. Mr. Singleton was advised that the site
plan and operation of U-Haul was in violation of Use Permit #7575. Mr. Singleton was advised by Mr.
Daniel to do the following:
1. Submit an application to modify the current use permit that included the current site plan.
2. Schedule a meeting with the surrounding residential and commercial neighbors to discuss
current and previous community concerns.
3. Do not park U-Haul trucks on the public right of way.
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4. Reduce the number of trucks on the lot to 20 trucks.
Mr. Singleton requested time to comply and was given a 30-day moratorium on enforcement. As
advised by staff, Mr. Singleton did meet with community members. However, as of September 23,
2006, no action was taken by U-Haul to modify the use permit or comply with the conditions of Use
Permit #7575.
On September 21, 2006, Code Enforcement issued a Notice of Violation to Mr. Neville and Mr.
Singleton requiring U-Haul to contact the Planning Department regarding their use permit violations.
There is no record that U-Haul, Mr. Neville or Mr. Singleton complied with the requirement of the
Notice.
On November 16, 2006, Jim Lorimer, Amerco Real Estate Company, submitted by facsimile an
application to modify Use Permit #7575(Attachment 19). The assigned planner described the faxed
application as “thoroughly incomplete”. Despite receiving specific submittal instructions that the City
of Berkeley does not accept faxed applications, U-Haul faxed only the application form from their
Phoenix, Arizona headquarters (U-Haul Arizona). The application submittal did not include the
required fees or other items such as: applicant statement, site photographs, vicinity map, site plan or
the Zoning Use Questionnaire. On December 13, 2006, staff issued a letter deeming the application
incomplete (Attachment 20) and gave U-Haul an additional ten days to file a completed application. U-
Haul should have submitted a revised and completed application by December 22, 2006. No such
application was ever filed.
On February 20, 2007, approximately two months after the December 22, 2006 due date, Peter Onken,
U-Haul Company of West Sacramento, submitted another application to modify Use Permit #7575
(Attachment 21). Again, after reviewing the applications staff determined that the application was
incomplete. The application failed to address at least 14 substantive issues regarding the U-Haul
operation. On March 16, 2007, staff issued yet another letter deeming the application incomplete. U-
Haul has not responded nor submitted a revised application since the denial letter (Attachment 22).
As described above, no action has been taken to modify the use permit and no action was taken to
comply with the requirement of Use Permit #7575, or Notice(s) sent September 1997, June 2000,
September 2004, September 2006 and October 2006.
Administrative Citations in 2006
Since 1997, U-Haul has consistently and deliberately operated its truck rental facility in a manner that
continues to be a detriment to the surrounding neighborhood. Despite five written warnings U-Haul
has failed to comply with its use permit. Consequently, Code Enforcement issued nine citations
between June 13, 2004 and February 13, 2007.
Each citation involved one of four separate Berkeley Municipal Code (BMC) violations:
1. BMC Section 23B.56.010.A, which prohibits any use or activity not proposed in the
application,
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2. BMC Section 23B.56.020.A.8, which requires a modification for any change that expands,
intensifies or substantially changes the use,
3. BMC Section 23B.56.030, which states that plans and representations become conditions of
approval and
4. BMC Section 23B.56.040, which requires that the use comply with all City ordinances and
laws.
On June 13, 2006, Code Enforcement staff issued Administrative Citation #0023, which charged
violation of BMC Section 23B.56.020.A.8, cited above. This citation imposed a penalty of $500 for
one day for parking U-Haul trucks in the public right of way. U-Haul paid citation #0023 on August
31, 2006.
On August 21, 2006 Code Enforcement staff issued Administrative Citation #0046, charging a
violation of BMC Section 23B.56.020.A.8, cited above. The penalty imposed by this citation was $200
per truck for 32 U-Haul trucks parked in the public right of way. The total citation penalty was $6,400.
The citation was upheld on appeal by the City’s administrative hearing officer, but U-Haul has
appealed this decision to the Alameda County Superior Court.
On September 25, 2006, Code Enforcement staff issued Administrative Citation #0025, charging a
violation of BMC Section 23B.56.020.A.8, cited above. This citation imposed a penalty of $100 per
truck for the 23 excess U-Haul trucks parked on the U-Haul lot. The total citation penalty is $2,300. U-
Haul failed to appeal the citation. The penalty amount remains outstanding.
On October 2, 2006, Code Enforcement staff issued Administrative Citation #2390, charging a
violation of BMC Section 23B.56.020.A.8. This citation imposed a penalty of $300 per truck for 2 U-
Haul trucks parked in the public right of way. The total citation penalty is $600. U-Haul failed to
appeal the citation. The penalty amount remains outstanding.
On October 2, 2006, Code Enforcement staff issued Administrative Citation #0049 for violation of
BMC Section 23B.56.020.A.8. This citation imposed a penalty of $200 per truck for the 20 excess U-
Haul trucks parked on the U-Haul lot. The total citation penalty is $4,000. U-Haul failed to appeal the
citation. The penalty amount remains outstanding.
On October 11, 2006, Code Enforcement staff issued Administrative Citation #2392 for violation of
BMC Section 23B.56.020.A.8. This citation imposed a penalty of $400 per truck for 2 U-Haul trucks
parked in the public right of way. The total citation penalty is $800. U-Haul failed to appeal the
citation. The penalty amount remains outstanding.
On October 11, 2006, Code Enforcement staff issued Administrative Citation #2391 charging violation
of all four BMC sections cited above. This citation imposed a penalty of $100 per truck for the 38
excess (i.e., in excess of 20) U-Haul trucks parked on the U-Haul lot. The total citation penalty is
$15,200. U-Haul failed to appeal the citation. The penalty amount remains outstanding.
On November 3, 2006, Code Enforcement staff issued Administrative Citation #2651. The four BMC
sections stated above were cited and this citation imposed a penalty of $200 per truck for the 27 excess
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U-Haul trucks parked on the U-Haul lot. The total citation penalty was $21,600. The citation was
overturned on appeal by the City’s administrative hearing and the penalty amount was refunded to U-
Haul.
On February 13, 2007, Code Enforcement staff issued Administrative Citation #2394 to U-Haul
Manager Mike Neville for illegal dumping, under BMC Section 12.40.080.The penalty was $1,500.
The citation was not appealed by U-Haul. The penalty amount was paid on March 15, 2007.
Administrative Hearing on Administrative Citation #2651
On November 15, 2006, Jeff Singleton, U-Haul Marking Company President, filed an appeal
(Attachment 23) of Administrative Citation #2651. Mr. Lillis, the attorney representing U-Haul, argued
that the basis for the citation was a vague statement in U-Haul’s application, “ approximately 20 trucks
and 30 trailers”; that Use Permit #7575 does not set a limit for the number of trucks and trailers; the
penalties were excessive and duplicative and that because of “time” U-Haul should be able to rent a
mix of trailer and trucks. In addition U-Haul argued that use permits by definition do not regulate
business activity not specifically on the property for which the permit was granted (Attachment 24).
At the hearing the City presented as evidence, U-Haul’s use permit application, U-Haul’s site plan,
staff report, all violation notices sent to U-Haul by staff since 1997 and its Post-Hearing Memorandum
(Attachment 25).
The application submitted by U-haul is only part of a review process by which U-Haul requested
permission to use land to operate a business in the City of Berkeley. The application alone does not
establish the permission or conditions for the operation of a business. Staff argued that the application
would have been immediately denied had U-Haul a made any representation that any part of the
business would be conducted from the public right of way. In fact, U-Haul was required to obtain a
revocable encroachment permit when a building inspection found that the U-Haul building encroached
into the public right of way. The issue of the unlawful use of the public right of way had to be resolved
by Council prior to U-Haul occupying its own building. Consequently, Bill Hurson, then, President of
the U-Haul Company of the East Bay, submitted a petition to encroach on the public right of way.
Staff also argued that the Board does not rely on the application, but also on the staff report to the
Board to make a determination on granting a use permit application. The staff report contains no
ambiguity about the number of trucks to be stored on the lot. The staff report clearly states “20 trucks
and 30 trailers”. There is no record that U-Haul opposed staffs limit of 20 trucks and 30 trailers.
In her decision the Hearing Officer stated that she had sufficient grounds to dismiss Administrative
Citation 2651. The basis for the dismissal was that the documents relied on by the city was
inconsistent, ambiguous and not sufficiently detailed (Attachment 26).
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U-Haul Appeal to Superior Court
On April 6, 2007, the City’s Administrative Hearing Officer, that upheld the issuance of
Administrative Citation #0046. On April 26, 2007, U-Haul appealed Administrative Citation #0046 to
the Superior Court of California (Attachment 27). Essentially, U-Haul is arguing that they are not
violating Use Permit #7575 by expanding their business beyond the property line to the public right of
way. In its Trail Brief, (Attachment 28) the City refutes U-Hauls argument and maintains that Use
Permit #7575 prohibits U-Haul from using the public streets as an adjunct to its rental operation.
RECOMMENDATION
In conclusion, the evidence to date shows that U-Haul has consistently operated in a manner that
requires it to store far more than the number of trucks permitted by Use Permit #7575, with the result
that its operation has spilled out onto the street, thereby causing detriment to nearby residents. In
staff’s view, it is clear from the documents associated with the 1975 approval of Use Permit #7575 that
this level of detriment was neither contemplated nor approved at that time. Given U-Haul’s apparently
lack of clarity as to the requirements of Use Permit #7575, it would be appropriate for the ZAB to
restate for the Council and U-Haul as to how it should be interpreted.
Therefore, staff recommends that the Board evaluate the testimony presented, consider and make
determinations as to the credibility of the witnesses, the weight of the evidence and the extent to which
the evidence was cumulative and/or probative and recommend to the City Council that it determine
that:
1. The following are conditions of Use Permit #7575,
• No more than 20 trucks and 30 trailers are allowed on the lot at any time.
• No vehicles or equipment shall be staged, stored, repaired or maintained in the public right
of way at anytime.
• The hours of operation are 8:00am to 7:00pm daily.
• Four off-street parking spaces shall be provided for customers at all times.
• U-Haul shall comply with all Use Permit #7575 Design Review Conditions no later than
30-days from issuance of the Council’s decision; and
2. The permitted use has been substantially expanded or changed in character beyond that set
forth in Use Permit #7575.
3. The U-Haul business at 2100 San Pablo is and has been operating in violation of Use Permit
#7575 based on the evidence in this report.
4. The following additional conditions are required to be imposed to ensure that U-Haul operates
its business in compliance with Use Permit #7575:
• No one-way rental shall be returned to the Berkeley facility at 2100 San Pablo Avenue.
• U-Haul shall actively prohibit loitering on Addison Street and San Pablo Avenue.
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• Within 30-days of this order, U-Haul shall meet with residents within a three-block area to
form a neighborhood watch group. U-Haul shall meet on a bi-monthly basis with the
neighborhood watch group to discuss issues related to U-Haul’s operation and impact on
the neighborhood.
• The Council retains jurisdiction to hold further public hearings and to make further
determinations regarding the operation of U-Haul. The Zoning Officer may place such
further proceedings on the Council’s agenda for good cause.
Attachments
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