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<br />May 1, 2007 <br /> <br />Peter Blied <br />Red Mountain Retail Group <br />1234 E. 17th Street <br />Santa Ana, CA 92701 <br /> <br />RE: Grocery Outlet Proposed Neighborhood Grocery Store at 1550 E. 14th Street, San <br />Leandro <br /> <br />Dear Mr. Blied: <br /> <br />I am the Zoning Enforcement Official for the City of San Leandro ("City"). Your letter of April 24, <br />2007, has been forwarded to my attention for consideration pursuant to Section 1-306 of the San <br />Leandro Zoning Code. <br /> <br />On March 19, 2007, Grocery Outlet sent a letter to Debbie Pollart, Planning Manager, requesting <br />that the City determine that the interim urgency ordinance, adopted on September 5, 2006 and <br />extended by the San Leandro City Council on November 6,2006 ("moratorium"), does not apply to <br />Grocery Outlet's proposed operation of a grocery store at 1550 E. 14th Street. After reviewing your <br />letter and supporting documents, Debbie Pollart advised that the City was unable to grant your <br />request as staff had determined that the terms of the moratorium do apply to Grocery Outlet. <br /> <br />Grocery Outlet has proposed locating a 25,620 square foot store at 1550 E. 14th Street ("Project"), <br />which is located in the City's Commercial Downtown District ("CD"). Grocery Outlet contends that <br />the Project is small vis-a-vis the current industry standard for supermarkets and is therefore more <br />akin to a neighborhood grocery store than a supermarket. To this end, Grocery Outlet reasons that <br />the Project is not subject to the moratorium because it falls within the category of <br />"Neighborhood/specialty food markets" which is a permitted use in the CD District and does not <br />require any planning entitlements. <br /> <br />Notwithstanding Grocery Outlet's contention that the proposed Project is small vis-a-vis current <br />industry standards for supermarkets, Grocery Outlet's product mix is more akin to that of a <br />supermarket than a neighborhood grocery store. Moreover, the City has consistently treated <br />stores similar in size to the Project as supermarkets, rather than neighborhood grocery stores. For <br />instance, a recent application for the establishment of a 7,900 square foot grocery store located at <br />14340 E. 14th Street was considered a supermarket and subjected to Administrative Review by the <br />Zoning Enforcement Official (pursuant to San Leandro Zoning Code Section 2-628, supermarkets <br />in the South Area-1 district are subject to Administrative Review). <br />