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<br />In light of the size of the Project and product mix to be offered, I consider the proposed Project a <br />supermarket, and not a neighborhood grocery store. Section 2-608 B. of the San Leandro Zoning <br />Code provides that all supermarkets in the CD district which exceed 10,000 square feet are <br />allowed in the CD district subject to the approval of a conditional use permit. As you are aware, <br />pursuant to Section 2.A of the moratorium, "no use permit, variance, or any other applicable <br />planning approval for use, may be approved or issued for certain properties. . . until November 6, <br />2007." Given that Grocery Outlet must obtain a conditional use permit in order to establish a <br />25,620 square foot store at 1550 E. 14th Street, I have determined that the terms of the moratorium <br />are applicable to Grocery Outlet and I am therefore, unable to grant your request. <br /> <br />An appeal period of 15 days follows this decision; any appeal of the decision must be received by <br />the Community Development Department within 15 calendar days of the decision, or by Thursday, <br />May 17, 2007. An appeal would require a hearing before the Board of Zoning Adjustments. An <br />appeal application must include the completed form and a check for $136.00 made out to the City <br />of San Leandro. <br /> <br />Very truly yours, <br /> <br />William Schock <br /> <br />cc: Debbie Pollart, Planning Manager <br />Jayne Williams, City Attorney <br /> <br />963485-1 <br />