2A Public Hearing 2007 0709 - Laserfiche WebLink

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RUTAN Jeffrey A. Goldfarb Direct Dial: (714) 641-3488 E-mail: jgoldfarb@rutan.com ATTORNEYS AT LAW June 7, 2007 Chair Goldt and Honorable Members of the Board of Zoning Adjustments City of San Leandro 835 E. 14th Street San Leandro, CA 94577 Re: Matter 6B-PLN2007-00029; 1550 E. 14th Street Dear Honorable Chairman and Members of the Board of Zoning Adjustments: Rutan & Tucker, LLP, represents the appellant in this matter. We appreciate the opportunity to address the Board on this appeal. We respectfully disagree with staffs conclusion that the neighborhood grocery store our client proposes to be located at 1550 E. 14th Street is a "supermarket," and therefore requires a conditional use permit. In fact, as explained below, this conclusion contradicts the City's own zoning ordinance. I have attached to this letter some of the documents that have previously been submitted to the City. I thought these documents might be helpful to you while I am making my presentation. In addition, and for your convenience, I will summarize below the comments I intend to make tonight. As noted above, your staff report requests that you conclude the proposed grocery store is a "supermarket" and therefore requires a CUP pursuant to San Leandro Zoning Code Section 2-608. The report bases this conclusion on both the size of the store and its product mix. As explained below, this conclusion violates the City's own Zoning Code. Section 1-304 of the San Leandro Zoning Code defines a "supermarket" as follows: "'Supermarket': stores selling a wide variety of food and household items with a community wide market area." (See Exhibit 1 attached.) The City's Zoning Code therefore establishes two requirements, both of which must be met for a store to be considered a "supermarket": (1 ) the store must sell a wide variety of food and household items; and (2) it must have a "community wide" market area. The proposed store does not have a "community wide market area." Over a year and a half ago, a market analysis was prepared for the proposed store by a leading marketing group. The study was prepared as part of my clients' due diligence to determine whether the San Leandro site would be a good location for one of its neighborhood grocery stores. This market analysis was previously provided to the City and is attached hereto as Exhibit A to my Rutan & Tucker, LLP I 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 I 714-641-5100 I Fax 714-546-9035 Orange County I Palo Alto I www.rutan.com 2611023592-0007 8188390 I 306/07/07