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NOW, THEREFORE, the City Council of the City of San Leandro does resolve as <br />follows: <br />FINDINGS <br />1. C&G has violated the terms and conditions of the CUP by maintaining piles of materials <br />exceeding the limitations on height and volume contained in the CUP. Staff has testified that <br />they observed that the materials on the site have exceeded the applicable limits, and there <br />testimony was not contradicted. Further, in written testimony before the Board, C&G President <br />Mr. Guss admitted that the `volume of material has sometime exceeded" that authorized by the <br />CUP. <br />2. C&G has failed to maintain the required clearance of materials used in its operation from <br />surrounding property lines, and this failure has led to encroachments and damage to City -owned <br />property adjacent to the C&G operation. Staff has testified that they observed these conditions <br />during multiple site visits. Mr. Guss did not deny that his operations have resulted in damage to <br />and the need to replace the perimeter fence at the City's Water Pollution Control Plant. <br />3. Revocation of the CUP is categorically exempt from the California Environmental <br />Quality Act (CEQA) per Section 15321 of the CEQA Guidelines. <br />Conditional Use Permit CU-93-14 previously granted to C&G Contractors for its <br />operations at 2660 Eden Road is hereby revoked, and C&G Contractors is ordered to <br />immediately suspend all operations pertaining to such permit. C&G Contractors is further <br />ordered to remove within thirty (30) days all materials previously imported to the site. <br />Introduced by Board Member on this day of , 2002 <br />and passed and adopted by the following called vote: <br />Members of the Board of Zoning Adjustments: <br />Ayes: <br />Noes: <br />Absent: <br />Attest: <br />Elmer Penaranda, Board Secretary <br />