2A Public Hearing 2007 0709 - Laserfiche WebLink

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RED MOUNTAIN Retail Group April 24, 2007 Ms. Marian Handa City Clerk City of San Leandro 835 E. 14th Street San Leandro, CA 94577 Re: Appeal of Detennination of Grocery Outlet Proposed Neighborhood Grocery Store at 1550 E. 14th Street Dear Ms. Handa: Grocery Outlet proposes to establish its neighborhood grocery store within the Albertsons building located at 1550 E. 14th Street in the City of San Leandro (the "Property''). In doing so, Grocery Outlet proposes no exterior modifications to the 25,000 square foot building. Rather, only interior modifications will be necessary for Grocery Outlet to open its neighborhood grocery store within the existing building. By way of this letter and the application to which it is attached, we hereby appeal the decision of Planning Manager, Ms. Debbie Pollart, that the proposed Grocery Outlet is a "Supermarket" and thus covered by the interim urgency ordinance prohibiting consideration and approval of use permits, variances, and other planning entitlements on property which includes the former grocery store at 1550 E. 14th Street (the "Moratorium"), rather than a "Neighborhood Grocery Store" which is not so covered. (Attached.) Although we have filed this appeal, we are not sure whether a decision of the Planning Manager is appealable. We have reviewed Article 28 of the San Leandro Municipal Code Section and note that while it provides for an appeal of Zoning Enforcement Official and Board of Zoning Adjustment decisions, it does not provide for an appeal of a decision of the Planning Manager. We have therefore filed this appeal in an abundance of caution. If no such appeal is available, please notify us in writing within 10 business days. We are aware that on November 6,2007, the City Council extended the Moratorium. We believe the Moratorium, by its own terms, exempts Grocery Outlet's interior tenant 01 &0424'07