2A Public Hearing 2007 0709 - Laserfiche WebLink

Home

Excerpt/rom the Board o/Zoning Adjustments Meeting Minutes June 7,2007 Minute No. 2007-11 Page 2 0/8 was consistent with other applications of this kind. The subject property was the former closed Albertson's site and was one of the opportunity sites identified in the Downtown Transit-Oriented Development (TaD) Strategy. Albertson's closed on September 8, 2005. Norcal submitted a plan for a mixed-use project built around a~grocery store in February 2006, then withdrew the application in May 2006. The application for Grocery Outlet was submitted on July 11, 2006. Prior to the completion of this application, an Urgency Ordinance was passed that placed a moratorium on discretionary actions for any opportunity site within the Downtown TaD Strategy area. It would be in effect until November 6, 2007 or until the Strategy was adopted and all implementing, zoning, and General Plan amendments were in place, whichever occurred first. This application would entail a Conditional Use Permit and no action could be taken until the moratorium was finished. On May 3, 2007 Grocery Outlet and Norcal filed as two appellants to appeal the Administrative Decision of the Zoning Enforcement Official. The proposed Grocery Outlet would be 25,620 square feet and the appellant contended that this was small, in comparison to current industry standards for supermarkets, and, therefore, was more akin to a neighborhood grocery store than to a supermarket. It would then be considered a permitted use as a neighborhood/specialty food market. To make a decision, the Zoning Enforcement Official determined the intent of the zoning code, along with considering past practice. Two recently established supermarkets on East 14th Street, Mi Tierra, and 88 Market, 7,900 square feet and 6,000 square feet, respectively and both were treated as supermarkets and subject to administrative review where in the Commercial Downtown a supermarket was subject to a Conditional Use Permit. The decision concerning Grocery Outlet was consistent with past practice. Public outreach was noticed for this hearing and notices were mailed to a radius of 500 feet and to the interested party list generated by the TOD Citizen Advisory Committee. Since the staff report was written, approximately 21 emails had been received, two in support of the application and the rest opposed. At the tenth and final meeting of the Citizen Advisory Committee, they had indicated that working with the property owner to develop the property for mixed use was the top priority. Member Shields asked if the applicant had purchased the Albertson's property or was it to be leased. Interim Planning Manager Livermore suggested that either of the two applicants could answer his question. Member Daly asked what the history of the site was. Had Lucky Stores occupied the site since 1949? Was it one of their first supermarkets? Interim Planning Manager Livermore replied that Albertson's had been there for some time and it was closed on September 8,2005. Yes, Lucky had been there since 1949 and it was one of the first. Member Sidari asked what other business could use that property. Was anyone else interested in it? City Attorney Stuart interrupted to remind the Board that they were to determine only if the appellant should be classified as a supermarket or a grocery store.