2A Public Hearing 2007 0709 - Laserfiche WebLink

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08/04/2007 1332 IFAX Canon730I@CFGO COM .. Jessie Grunner @002/003 Debbie Poll art, Principal Planner ,-j March 19,2007 Page 2 .....-", occurred as a result of the imposition of the Moratoriwn, we request that the City determine that Grocery Outlet's proposal is not subject to the Moratorium within 10 days of receipt of this letter. Section 2.A of the Moratorium states that: "The moratorium will not preclude the issuance of business licenses or building permits for projects . . . for which planning entitlement is not required." As you know, the Property is located in the City's Commercial Downtown or "CD" District. Section 2-608 of the City of San Leandro zoning code provides the land use regulations for the CD District. Subsection (A) of section 2-608 states: "The following uses are allowed in the CD District, and a conditional use permit is not required." Included in that list of permitted uses is "neighborhood/specialty food markets." (Sa.n Leandro Zoning Code sec. 2-608(A)(16).) San Leandro Zoning Code sec. 1~304 contains the definitions applicable to the zoning code. "Neighborhood/specialty food markets" is defined as "neighborhood grocery stores, and stores specializing in partirular or distinctive food items, including but not limited to retailers whose primary business maintains a wide inventory of gourmet, health, or ethnic food items not commonly found in area Supermarkets or Convenience Stores. . .." San Leandro Zoning Code Sec. 1-302 states: "Unless the context clearly indicates the contrary, the following conjunction shall be interpreted as follows: 1. I And' indicates that all connected words or provisions shall apply." Therefore, both "neighborhood grocery stores" and "stores specializing in particular or distinctive food items" are permitted uses in the CD District. We believe that since such uses are permitted uses and do not require planning entitlements, they are exempt from the Moratorium by the Moratorium's own language. It is beyond question that Grocery Outlet is proposing a "neighborhood grocery store" at the old Albertsons site. Due to its small size (25,620 sq. ft.) vis-a-vis the current industry standard for supermarkets (70,000 square feet), Grocery Outlet is only proposing a store whose vast majority of business will come from the surrounding residential area located within an approximately 2-mile radius of the site. We have attached the market capture study Maplnfo Corporation2 prepared for the proposed store. MapWo prepared a market study for the proposed site in 2006 using the 2000 census data, updated by the MapInfo demographics. This study analyzes the origin of the proposed store's market shares (called "mature M.s." in the study). As can be seen from that attached study, over 90% of the stores customers will reside within the area located within 2.0 miles of the Property. The store will serve the needs of that neighborhood by providing a fresh meat, fish, and produce, as well as a litany of basic sundry items for the convenience of the neighborhood residents. Grocery Outlet will provide basic goods and services within easy access of neighborhood residents. In doing so, Grocery Outlet MapInfo Corporation is a leader in site selection science for the business community and regularly prepares market analyses and capture studies based on proposed sites. Grocery Outlet Inc. General OtlIces 2000 Rfttl Street Berkeley, CA 94710-1918 Phone: 510-645-1999 Fax: 51D-644-o15Z www.groceryoutlets.com