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OCT 20 '97 18:17 FP, WENDEL ROSEN ETAL LLP510 834 1928 TO 5773340#t P.02iO3 <br />)WENDEL <br />KOSEN <br />BLACK <br />/6(6-!-0� DEAN <br />Attorneys at Law <br />October 20, 1997 <br />VIA FACSIMILE <br />HONORABLE CITY COUNCIL <br />City of San Leandro <br />San Leandro, California <br />Re: Appeal of Use Permit (2500 Davis Street) <br />Mayor Corbett and Members of the City Council: <br />1111 Broadway, 24th Moor <br />Oakland, CA 94607-4036 <br />Post Officc Box 2047 <br />Oakland, CA 94604-2041 <br />Telephone: (510) 834-6600 <br />Fax: (510) 834-1928 <br />info®wcndel-com <br />This firm represents the owners of 2500 Davis Street in the pending appeal of the <br />Board of Zoning Adjustment's denial of a use permit for a temporary concrete <br />recycling operation. <br />At the time of the Board's hearing, several members raised questions about the extent <br />and location of seasonal wetlands on the site. We were unable to respond fully, <br />because we were in the process of working with the Army Corps of Engineers to <br />document wetland areas. Subsequent to the Board's denial, our discussions with the <br />Corps culminated with complete documentation of seasonal wetlands, agreement on <br />a plan to relocate the 0.14 acre of seasonal wetlands from the center of the site and <br />issuance of a permit by the Corps. <br />It is unfortunate that the Corps acted after the Board's decision, because the Corps' <br />action puts our recycling permit application in a very different light. The Board could <br />only regard our application as for a recycling operation, with material being brought <br />onto the site and then removed from the site. The Corps' action means that the <br />recycling operation will produce material to be used on the site, thereby reducing the <br />volume of traffic that the Board considered. It also achieves an important goal of <br />reusing material for fill, rather than relying upon fill from sources such as mining. <br />