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<br />RUTAN <br /> <br />ATTORNEYS AT LAW <br /> <br />Chair Goldt and Honorable Members of <br />the Board of Zoning Adjustments <br />June 7, 2007 <br />Page 2 <br /> <br />Exhibit 2 for your reference. One of the many factors evaluated in the analysis is the store's <br />market area. As noted, the map located on the last page of the market analysis, the proposed <br />store's market area (called "trade area" in the study) is only that area within a 2 mile radius of <br />the site. This small market area is confirmed on page 2 of the letter from the market analyst, <br />where he concludes "overall sales beyond the trade area are projected to be just 10%.") <br /> <br />Because the proposed Grocery Outlet draws over 90% of its business from within a two <br />mile radius, it is clear that Grocery Outlet does not have a "community wide market area" and <br />therefore lacks at least one of the crucial requirements necessary to be considered a <br />"supermarket." Inasmuch as the proposed store lacks one of the Zoning Code's mandatory <br />requirements for a use to be considered a "supermarket," the proposed store cannot, by law, be <br />considered a "supermarket." <br /> <br />The proposed store's small market area is important for another reason. Page 3-48 of the <br />City's General Plan addresses neighborhood-oriented retail. It notes that neighborhood stores <br />"primarily serve the surrounding residential areas, usually within a radius of a mile or two." As <br />the proposed store's market area is within a two mile radius of the store, it is a neighborhood <br />grocery store as that concept is discussed in your General Plan. Neighborhood grocery stores are <br />permitted uses pursuant to San Leandro Zoning Code Section 2-608. As a permitted lise, the <br />store is exempt from the TOD moratorium enacted in Ordinance 2006-018 which unequivocally <br />states: "The moratorium will not preclude the issuance of business licenses or building permits <br />for projects. . . for which planning entitlement is not required." <br /> <br />We therefore request that the City grant our appeal and direct that the appropriate City <br />personnel issue the permits necessary for Grocery Outlet to occupy the vacant grocery store site. <br /> <br />Thank you for your consideration in this matter. <br /> <br />Sincerely, <br /> <br />JAG:jh <br />Attachments <br /> <br /> <br />The supporting data for this conclusion is also attached to the letter. <br /> <br />261/023592-0007 <br />818839.01306/07/07 <br />