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<br />Appeal of the Board of Zoning Adjustments Denial 5 <br />PLN2007 -00029 <br /> <br />July 9, 2007 <br /> <br />For the July 9,2007 City Council meeting, a legal ad was placed in the Daily Review and notices <br />for the hearing were sent to all businesses and property owners within a 500-foot radius of the <br />project site and the interested party list of the Downtown Transit-Oriented Development (TOD) <br />Strategy and the Peralta Citizens Homeowners Association. Notices were posted on the property <br />and on telephone poles or light poles within the 500-foot radius. <br /> <br />Fiscal Impact <br /> <br />Not applicable <br /> <br />Bud2et Authority <br /> <br />Not applicable <br /> <br />Attachments: <br /> <br />1. Vicinity Map <br />2. Applicant's Supporting Statement <br />3. April 16, 2007 letter from Planning Manager <br />4. May 1, 2007 letter from Zoning Enforcement Official <br />5. Board of Zoning Adjustments Staff Report dated June 7, 2007 <br />6. Material submitted by applicant at June 7, 2007 Board of Zoning Adjustments meeting <br />7. Excerpt from the Minutes of the June 7, 2007 Board of Zoning Adjustments meeting <br />8. E-mails in support of the appeal <br />9. E-mails in support of the denial <br />10. E-mails in support of the denial received after Board of Zoning Adjustments Meeting <br />11. Downtown San Leandro TOD Strategy Implementation Action Items <br /> <br />CONCLUSION <br /> <br />The Board of Zoning Adjustments and staff recommend that the City Council uphold the <br />determination of the Board of Zoning Adjustments and the Zoning Enforcement Official that the <br />proposed Grocery Outlet would be considered a Supermarket and therefore subject to the <br />Moratorium and deny the appeal. <br />