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MO d_002-55 <br />(laq ICN) <br />City of San Leandro <br />Community Development Department <br />Planning & Housing Services Division <br />Staff Report <br />DATE: July 18, 2002 <br />TO: Board of Zoning Adjustments <br />FROM: Debbie Pollart, Planner III <br />Or <br />SUBJECT: Matter of CU-93-14; To Modify or Revolve Conditional Use Permit for the <br />collection, storage, processing and distribution of concrete, asphalt and dirt; 2660 <br />Eden Road; Assessor's Parcel Number 42-4530-4; C & G Contractors Inc. <br />(applicant); A. Zeitz (property owner). IG Industrial General Zoning District. <br />SUMMARY AND RECOMMENDATION <br />C & G Contractors, operated by Mr. Jerry Guss, and located at 2660 Eden Road (western <br />terminus), has a Conditional Use Permit (CU-93-14) to collect, store, process and distribute <br />concrete, asphalt and dirt. The Agreement to Conditions associated with the use permit is <br />included as an attachment. <br />Based upon complaints forwarded to staff regarding the height of the dirt stockpile, the fact that <br />no emergency access was being maintained at the site's perimeter, and excessive damage to City <br />property (perimeter fence for the Water Pollution Control Plant), staff conducted initial field <br />reconnaissance in August 2001. Subsequent to the site visit, in which staff determined that there <br />was an issue of compliance, a representative of the applicant was contacted and several meetings <br />held. Due to inaction received from the applicant, the City has elected to take the matter before <br />the Board for discussion and possible action. <br />Staff recommends that the Board of Zoning Adjustments hear from the applicant and consider <br />whether to modify or revoke the Conditional Use Permit for failure to fully comply with the <br />terms of the Permit and violations of the City's Grading Ordinance. Staff is recommending <br />revocation. However, if the Board moves to modify the use permit, staff recommends that any <br />modifications include strict deadlines for compliance, with possible monetary fines (as permitted <br />under Zoning Code Section 5-2908), as the applicant has shown a prior disregard for completing <br />requested actions in a timely manner. <br />RELATIONSHIP TO SURROUNDOING AREA <br />The project site is located at the western terminus of Eden Road, which is an unimproved, dirt <br />roadway. Surrounding uses include auto dismantlers and' scrap metal merchants to the east and <br />