2A Public Hearing 2007 0709 - Laserfiche WebLink

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Excerpt from the Board of Zoning Adjustments Meeting Minutes Minute No. 2007-11 June 7, 2007 Page 40f8 Vice Chair Pearson had shopped at the 2900 Broadway location in Oakland, and he asked if that store would be classified as a supermarket, since he lived in San Leandro, which was more than two miles away. Mr. Goldfarb admitted that a very few amount of people could drive to a Grocery Outlet to shop. However, the market survey analysis did demonstrate that the radius for the market area was, in fact, two miles. Vice Chair Pearson asked if his definition was based upon the study that he was quoting. Mr. Goldfarb agreed that it was. Member Shields noted that the City's code stated that a neighborhood/specialty food market stated that gourmet, health and ethnic foods would be included. Mr. Goldfarb replied that there were two elements to a neighborhood/specialty food market; it would be either a neighborhood grocery store or stores specializing in distinctive food items, and Grocery Outlet was the first element, which was a neighborhood market. Member Shields stated that he had 35 years of grocery experience, and he had visited the Hayward Grocery Outlet. He saw no gourmet, health or ethnic food in that store. Mr. Goldfarb argued that Grocery Outlet was not a specialty food market, but a neighborhood grocery store. A discussion ensued about the definition of a neighborhood/specialty food market and how it should be applied to this applicant. It was agreed that Grocery Outlet did not carry fresh meat or fish, or organic foods. Chair Goldt asked if Member Shields was defining Grocery Outlet as a surplus food store, because they were selling the overruns from other outlets. Member Shields agreed. Member Gilcrest asked if a definition of the City code that was separated by a slash, as this one did, meant either/or or did it require both components of the definition. City Attorney Stuart replied that the Code authorized the Zoning Enforcement Official to interpret those definitions when it came to applying them to a particular applicant. Member Gilcrest asked if a neighborhood/specialty food store was two separate entities where a neighborhood store would not have to contain specialty foods, as the applicant stipulated, or must a neighborhood grocery store contain specialty foods. City Attorney Stuart deferred the question to the Zoning Enforcement Official, since he interpreted the Code on a regular basis, where she did not.