2A Public Hearing 2007 0709 - Laserfiche WebLink

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Appeal of the Board of Zoning Adjustments Denial 3 PLN2007 -00029 July 9, 2007 The Zoning Code, in Article 2, Organization, Applicability, and Interpretation, Section 1-206, provides for Zoning Enforcement Official interpretation of the Zoning Code, as follows: . 1-206 A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this code or its application to a specific site, the Zoning Enforcement Official shall determine the intent of the provision. STAFF ANALYSIS Grocery Outlet has proposed locating a 25,620 square foot store at 1550 E. 14th Street which is located in the City's CD Commercial Downtown District. Grocery Outlet contends that their application is small vis-a-vis the current industry standard for supermarkets and is therefore more akin to a neighborhood grocery store than a supermarket. To this end Grocery Outlet reasons that the Project is not subject to the moratorium because it falls within the category of "Neighborhood/specialty food markets" which is a permitted use in the CD District and does not require any planning entitlements. Grocery Outlet's product mix is more akin to that of a supermarket than a neighborhood grocery store. The City of San Leandro has consistently treated stores even smaller in size, and with a similar product mix, as a supermarket. A recent application for the establishment of a 7,900 square foot grocery store located at 14340 E. 14th Street (Mi Tierra) was considered a supermarket and was subjected to Administrative Review by the Zoning Enforcement Official (pursuant to San Leandro Zoning Code Section 2-628, supermarkets in the South Area-1 District are subject to Administrative Review). Similarly, an application for the establishment of an approximately 6,000 square foot grocery store located at 14405 E. 14th Street (88 Market) was also considered a supermarket and was subjected to Administrative Review by the Zoning Enforcement Official. First the Planning Manager and then the Zoning Enforcement Official, who is responsible for interpreting the Zoning Code, determined that the size and product mix of the Grocery Outlet proposal would constitute a supermarket, not a grocery store. Section 2-608 B. of the San Leandro Zoning Code provides that all supermarkets in the CD district which exceed 10,000 square feet are allowed in the CD district subject to the approval of a conditional use permit. Section 2.A of the moratorium adopted in relation to opportunity sites in the Downtown TOD Strategy Area states: "no use permit, variance or other applicable planning approval for use, may be approved or issued for certain properties.. .until November 6, 2007." The Zoning Enforcement Official concluded that, as the Grocery Outlet must obtain a conditional use permit in order to establish a 25,620 square foot store at 1550 E. 14th Street, the terms of the moratorium are applicable to Grocery Outlet and did not grant the request to consider the application a neighborhood grocery store. The Board of Zoning Adjustments queried the Zoning Enforcement Official on the question of interpreting the Grocery Outlet proposal. Zoning Enforcement Official William Schock stated he interpreted the Zoning Code according to how it correlated with the common use of the English language. In making his determination he considered the product mix, the type of store, how it was arranged. He determined it was a supermarket. Minutes of the Board of Zoning Adjustments are attached for further information.