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Appeal of C & G Contractors, Inc. 2 October 14, 1996 -r. Inspection of the site revealed that the activity on the site did not conform with the approved plan. In summary, the following violations existed on the site: The volume of material on the site exceeded the limitations established in the permit. Inspections at that time revealed that the stockpile of dirt was approximately 20 feet high and covered most of the lot. The pile of dirt went up to the fences on the East, North and West property lines. 2. Failure to secure a Grading Permit for activity on the site and grading work on Eden Road. 3. Failure to provide a proper erosion control plan as required by the City Engineer. 4. Failure to comply with the terms of the Administrative Review of the permit conducted on November 15,1995. 5. Failure to provide emergency access as required by the Fire Department. 6. Failure to post a performance bond with the City Engineer as required in response to a request for an extension for compliance. In summary, Staff made the following recommendations to the Board of Zoning Adjustments: 1. Make a finding that the activity was operating in violation to the terms of the Conditional Use Permit (CU-93-14), and the San Leandro Grading Ordinance (San Leandro Municipal Code, Chapter 12, Title VII.) 2. Staff recommended several modifications to the permit. 3. Finally, Staff recommended a deadline of October 15, 1996, for full compliance. Failure to comply would result in revocation of the Conditional Use Permit. The Board of Zoning Adjustments acted to revoke the Conditional Use Permit for failure to comply with the Conditions of Approval and the Grading Ordinance. The minutes of the meeting show that the Board believed that the business owner had already been given a sufficient period of time to bring the site into conformance. In addition, the Board of Zoning Adjustments indicated that the appeal period would provide the business owner with further opportunity to conform. CURRENT STATUS OF THE SITE Recent inspections of the site reveal that the volume of material on the site has been significantly reduced. However, the site is still not in conformance with the Conditional Use Permit, the conditions recommended to the Board of Zoning Adjustments or the Grading Ordinance. Part of the stockpile exceeds the recommended 15 foot height limit. Required access around the stockpile has been provided on the north, west and south sides of the property. However, the east side of the property has less than the recommended 10 foot clearance. On the day that this staff report was prepared, Mr. Guss picked up the paperwork for the grading permit. At this time, the N