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Appeal of C & G Contractors, Inc. 3 October 14, 1996 City has not received a completed grading permit application for the activity on the site, or the work on Eden Road, or submitted an erosion control plan. The drainage on Eden Road has not been corrected, as required. Mr. Guss has not submitted the performance deposit or maintenance deposit as required by the Engineering and Transportation Department. Staff will continue to monitor the site up to the day of the City Council hearing and will provide an updated report at that time. DISCUSSION Since C & G Contractors, Inc. began operation in 1993, the construction market has changed significantly. To remain viable, Mr. Guss changed the nature of his operation, placing him in violation of the conditions of his permit. It is clear that Mr. Guss acted in good faith, both in his original application submittal and his efforts to bring the site into compliance. Since the Board of Zoning Adjustments hearing, there has been a significant reduction in the volume of material on the site. Mr. Guss indicates that he has recently removed as much as 16 truck loads of material per day. However, at this time, the violations of the Conditional Use Permit and the City's Grading Ordinance have now continued for almost two years. STAFF RECOMMENDATION Therefore, Staff recommends that the City Council uphold the Board of Zoning Adjustments' action and deny the appeal based on the following finding: C & G Contractors, Inc., located at 2660 Eden Road, is currently operating in violation of the terms and conditions of the Conditional Use Permit, CU-93-14, and the San Leandro Municipal Code, Chapter 12, Title VII regarding Grading, Excavations and Fills. CONCLUSION Copies of the Board of Zoning Adjustments minutes of the public hearing and all related correspondence and materials are attached for your review. JC/JO:la Attachments: Minutes of the 8/1/96 Board of Zoning Adjustments meeting Related Staff Reports GAMAWC&GAPPLAPT