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ISCUSSION <br />Since beginning operation in 1993, the construction market has changed significantly. To remain <br />viable, Mr. Guss has changed the nature of his operation, placing him in violation of the conditions <br />of his permit. It is clear that Mr. Guss has acted in good faith, both in his original application <br />submittal and his efforts to bring the site into compliance. However, the violations of the permit <br />and the City's Grading Ordinance have continued for almost two years. <br />It is staffs intention to recommend modifications to the Use Permit which will correct the existing <br />violations, protect the adjacent properties, make the permit reflect the actual activity on the site and <br />provide flexibility so that Mr. Guss can respond to construction trends. <br />On July 22, 1996, staff met with Mr. Guss and reviewed the hearing process and staffs proposed <br />recommendations. At that time, Mr. Guss w°as agreeable to the recommendations. <br />REQUIRED FLNDINGS <br />In order to modify or revoke the Conditional Use Permit, The Board of Zoning Adjustments must <br />make one or more of the following findings: <br />That the permit was issued on the basis of erroneous or misleading information or <br />misrepresentation; <br />_. That the terms or conditions of the approval of the T,PT-T,;t have been violated or that other <br />laws or reTulations have been violated,• <br />3. That there has been a discontinuance of the exercise of the entitlement granted by the permit <br />for 180 days, <br />4. That the approval has been so exercised to as constitute a public nuisance or to be detrimental <br />to public health and safety. <br />STAFF RECONnII-ENDATION <br />St,a f recormmends that the Board of Zoning Adiustments take the following actions: <br />1. Make a finding that the activity at 2660 Eden Road has been operated in violation of the <br />terms and conditions of the Conditional Use Permit CU-93-14 and that other laws or <br />regulations have been violated (San Leandro Municipal Code Chapter 12, Title VII). <br />ff Report <br />-9=-14 <br />77,is flndirg complies with the requirements of Section 5-2906 of the Zoning Code and . <br />allows the Board of ZoningAdiustmerts to modem or revoke the permit. <br />July 26, 1996 <br />Page 6 of 8 <br />ali <br />