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south (fronting both Eden Road and Davis Street), the City's Water Pollution Control Plant to the west, and City of Oakland's Galbraith Golf Course to the north. BACKGROUND Beginning in early 1995, City staff was made aware of changes in the operator's business activities, and possible violations of conditions of the use permit. Over a two-year period, staff worked with the operator to bring the business into conformance. This process included a Revocation Hearing before the Board of Zoning Adjustment on July 24, 1996 (staff report included as an attachment). At that meeting, the Board voted to revoke the applicant's use permit. This decision was appealed to the City Council, which on October 21, 1996 granted a six-month extension in order to bring the operation into full compliance with the use permit (staff report included as an attachment). In October of 1997, the operation was deemed in conformance as required by the City Council (letter included as an attachment). VIOLATIONS The October 5, 2001 letter to the applicant (included as an attachment) outlines the ongoing issues that the various city departments (Engineering, Water Pollution Control Plant, and Planning) have had with the existing operation. Of the eight items listed in that letter, intended for action by the applicant, only items 2 and 5 were completed, although WPCP personnel report that recent encroachments into the clearance areas have taken place. In addition, WPCP staff report that the new perimeter fence, which was required due to damage beyond repair to the old fence (caused by the applicant's operations), and which was just installed last month, has already begun to be damaged again by on -site grading operations. It should be noted that for security purposes, this fence was replaced at the City's expense, as the applicant had not responded in a timely fashion to install new fencing. During the 1996 revocation hearing, it was noted that violations of the use permit and City's Grading Ordinance had continued for almost two years leading up to the hearing. With the current investigation of complaints, staff has been in contact since September 2001 with both a representative of Mr. Guss's company and Mr. Guss himself, with only minor success in bringing the site and operations into conformance. FINDINGS In order to modify or revoke the Conditional Use Permit, the Board of Zoning Adjustments must make one or more of the following findings: 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; 2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated; 3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for 180 days; Board of Zoning Adjustment staff Report July 18, 2002 CU-93-14 Revocation Hearing Paoe 2 of 4