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4. That the approval has been so exercised to constitute a public nuisance or be detrimental to public health and safety. Staff believes that the Board of Zoning Adjustments can make a finding that the activity at 2660 Eden Road has been operated in violation of the terms and conditions of the Conditional Use Permit CU-93-14, as modified by previous City Council action, and that other laws or regulations have been violated (San Leandro Municipal Code Chapter 12, Title VII). This finding complies with the requirements of Section 5-2906 of the Zoning Code and allows the Board of Zoning Adjustments to modify or revoke the permit. After hearing testimony, should the Board believe it is necessary to revoke the permit, staff recommends that the hearing be continued to the next regular meeting and that staff be directed to develop an appropriate Resolution containing written findings for that purpose. If the Board of Zoning Adjustments chooses to modify the Conditions of Approval, staff has included recommended revised conditions as an attachment. These modified conditions are based upon changes originally recommended by staff in 1996, and are still applicable given the current site conditions. ENVIRONMENTAL REVIEW Staff has determined this item to be categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15321. Staff recommends that the Board make the attached Finding of this exemption. RECOM-NIENDATION Staff recommends that the Board of Zoning Adjustments hear testimony from the applicant and consider whether to modify or revoke the Conditional Use Permit for failure to fully comply with the terms of the Permit and violations of the City's Grading Ordinance. Staff is recommending revocation based upon the Finding that the terms or conditions of approval of the permit have been violated or that other laws or regulations (specifically the City's Grading Ordinance) have been violated. If the Board moves to revoke the use permit or if the Board finds that the site is not in full compliance with all requirements of the use permit as modified by the date specified, the business owner will be required to cease all activity on the site associated with that permit (e.g., acceptance of additional materials and grading). Upon revocation, the business owner will be required to remove all material from the site within 30 days of the revocation. Shduld the applicant fail to comply with the decision of the Board, the matter will be promptly forwarded to the City Attorney's Office for enforcement. The applicant has 15 days to appeal the decision of the Board of Zoning Adjustment. An appeal form, indicating the reason for the appeal, and the appropriate fee must be submitted to the City Clerk's Office within this proscribed time frame. The appeal would be heard by the City Council at a date to be determined. Board of Zoning Adjustment Staff Report July 18, 2002 CU-93-14 Revocation Hearing Page 3 of 4