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CITY OF SAN LEANDRO <br />STAFF REPORT <br />DATE: October 7, 2002 <br />TO: John Jermanis, City Manager <br />APPROVED AND FORWARDED <br />TO CITY COUNCIL <br />John ermanis M 0 20G -L- 55 <br />Cit ager <br />0U(`1I IC%) <br />FROM: Hanson Hom, Community Development Director <br />BY: Debbie Pollart, Planner III a <br />SUBJECT PROJECT/PROJECT DESCRIPTION: <br />MATTER OF APPEAL BY JERRY L. GUSS ON BEHALF OF C & G <br />CONTRACTORS, INC., APPLICANT, AND OTHERS OF THE BOARD OF <br />ZONING ADJUSTMENTS' REVOCATION OF CONDITIONAL USE PERMIT <br />CU-93-14; APPEAL BY APPLICANT AND OTHERS OF THE DECISION OF THE <br />BOARD OF ZONING ADJUSTMENTS TO REVOKE CU-93-14 FOR THE <br />COLLECTION, STORAGE PROCESSING AND DISTRIBUTION OF CONCRETE, <br />ASPHALT AND DIRT AT 2660 EDEN ROAD; ASSESSOR'S PARCEL NUMBER 42- <br />45304; C & G CONTRACTORS, INC., APPLICANT; A. ZEITZ, PROPERTY OWNER. <br />The project site is located at the western terminus of Eden Road, which is an <br />unimproved, dirt and gravel roadway. Surrounding uses include auto dismantlers <br />and scrap metal merchants to the east and south (fronting both Eden Road and <br />Davis Street), the City's Water Pollution Control Plan to the west, and City of <br />Oakland's Galbraith Golf Course to the north. <br />SUMMARY AND RECOMMENDATION <br />• As provided for in Zoning Code Sections 5-2218 D. and 5-2906, the Zoning <br />Enforcement Official determined that reasonable grounds for revocation of the use <br />permit did exist, and a meeting for consideration to modify or revoke the permit was <br />made before the Board .of Zoning Adjustments. This determination was based upon <br />the appellant's (Mr. Guss') lack of adequate response to numerous City requests (both <br />in writing and verbally) regarding the business' non-compliance with certain <br />conditions of the original use permit approval from 1993. <br />• At the July 18, 2002 Board of Zoning Adjustments meeting, testimony was taken and <br />the Board considered whether to modify the existing use permit by requiring <br />additional conditions, or to revoke the use permit. This meeting was prompted by <br />complaints received by staff regarding the height of the dirt stockpile, the fact that no <br />emergency access was being maintained at the site's perimeter, and excessive damage <br />to City property (perimeter fence for the Water Pollution Control Plant), and after <br />