2A Public Hearing 2007 0709 - Laserfiche WebLink

Home

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-l 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 related 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. PUBLIC OUTREACH This item was noticed through a legal advertisement in the Daily Review Newspaper, posting of the property on nearby utility poles, and mailing notification to property owners, to business owners within 500 feet of the exterior boundary of the property, the interested party list of the Downtown Transit- Oriented Development (TOD) Strategy and the Peralta Citizens Homeowners Association. One e-mail in support of the appeal was received and is attached. One phone call in support of the ZEO decision was received. ENVIRONMENTAL REVIEW This project (PLN2007-00029) is statutorily exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 18, Section 15270, Projects Which Are Disapproved. RECOMMENDATION Staff recommends that the Board of Zoning Adjustments deny the appeal of the administrative decision of the Zoning Enforcement Official, thereby upholding the decision of the Zoning Enforcement Official that the proposed Grocery Outlet would be considered a Supermarket and therefore subject to the Moratorium. BZA Staff Report PLN2007 -00029 June 7, 2007 Page 3 of4