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2660 Eden Road Appea 4 October 7, 2002 Revocation of CU-93-14 Of the eight items listed in the letter, intended for action by the appellant, only items 2 and 5 were completed at the time the appellant was notified of the impending Board of Zoning Adjustments revocation hearing. Subsequent to notification of the revocation hearing, WPCP personnel reported that recent encroachments into the clearance areas had taken place. However, just prior to the Board of Zoning Adjustments meeting in July, WPCP staff reported 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 in June 2002, had already begun to be damaged again by on -site grading operations. This occurred less than one month after installation. It should be noted that for security purposes, this fence was replaced at the City's expense ($5,896), as the applicant had not responded in a timely fashion to install new fencing. • In the interim between the notice being posted for the July 18, 2002 Board of Zoning Adjustments meeting and the actual meeting date, the appellant had made additional headway in meeting some of the outstanding issues indicated above. This included continuing to clear debris from the City's emergency exits and maintaining a clear access road at all times (item #6). • Subsequent to the August 1, 2002 Board of Zoning Adjustments meeting, the appellant entered into an agreement with the Port of Oakland for sale of on -site dirt. This contractual agreement has resulted in removal of a majority of on -site materials, as evidenced by staff at a field visit conducted on September 23, 2002. The remaining pile of dirt is less than 5.5 feet in height and is well outside of perimeter clearance areas. Staff also noted that there did not appear to be any new damage to the WPCP's fence. Current City Council Policy Not applicable Previous City Council Action In October 1996, when the appellant was appealing the Board of Zoning Adjustments' decision to revoke the use permit, the Council granted the appellant a six-month extension in order to bring the business into full compliance. One year later, after waiving the final requirement for submittal of a performance bond for grading work, the business was deemed in conformance. City Council Committee Review and Action Not applicable Applicable General Plan Policy Not applicable