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<br />RU'TAN <br /> <br />}.'!":'olt,"'n'~ ,..'~ {,,\'W <br /> <br />Mayor and Members of the City Council of <br />the City of San Leandro <br />August 29,2007 <br />Page 7 <br /> <br />violates Norcal Ai's property, equal protection, and due process rights. Moreover, to the extent <br />that the SP-l requires all new uses to provide residential uses on the second floor, and the City <br />interprets it to require Norcal Al to demolish its existing building and construct a new two story <br />building, the new zoning also results ina taking of Norcal AI's property rights in violation of <br />both the United States and California constitutions. <br /> <br />We also oppose and object to the City's proposed amendment to the zoning code as it <br />relates to Section 2-636 A 15 (Neighborhood Specialty Food Markets). This proposed <br />amendment, which adds a conditional use permit requirement to such uses when over 10,000 <br />square feet, is being enacted in bad faith to frustrate Norcal AI's development plans for the <br />Property, and as a post~hoc justification for improper actions previously taken by the City. <br /> <br />For all the above reasons, and for any other reasons that may have been or may be offered <br />by other interested persons relating to the project, we urge you to deny certification of the ErR. <br /> <br />Sincerely yours, <br /> <br />RUTAN & TUCKER, LLP <br /> <br />~u7--- <br /> <br />Robert O. Owen <br /> <br />ROO:kfw <br /> <br />29O!()23592.()OU <br />839931.0] .()S:Z9i07 <br />