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CITY OF SAN LEANDRO o c TY COUNC FORWARDED STAFF REPORT John Jermanis DATE: December 29, 1997 1 City Manager TO: John Jermanis, City Manager FROM: June Catalano, Director Development Services) L. BY: Kathleen Livermore, Associate City Planner e`r SUBJECT: Appeal of Planning Commission's Decision - West Gate (PD-86-9) SUMMARY On October 13, 1997, the Zoning Enforcement Official approved a Zoning Application submitted by Monarch Ventures for a general retail store, to enable construction of a Wal-Mart facility. This approval was based on the Planned Development (PD-86-9) approved for the site in 1987. That decision was appealed by Daniel L. Cardozo and Lizanne Reynolds of Adams Broadwell & Joseph for United Food & Commercial Workers Union, Local 870 to the Planning Commission. An appeal of an administrative decision by the City Engineer to approve a lot line adjustment at 1933 Davis Street and 1944 Williams Street was also filed by the same individuals. The Planning Commission unanimously upheld the Zoning Enforcement Official's and City Engineer's approvals on December 11, 1997. On December 19, 1997, Daniel Cardozo of Adams Broadwell & Joseph appealed these decisions to the City Council on behalf of the United Food & Commercial Workers Union, Local 870, Marla Donati, Debbora LaFrano, Alice Keeling and Ron Fogelson. A separate staff report related to the lot he approval appeal has been prepared by the Engineering and Transportation Department. Staff has attached the comprehensive Planning Commission report for City Council review. The following points provide a summary of the background and reasons why the Zoning Application was approved: • The Zoning Approval is based on the approved Planned Development application PD-86-9 and the associated Conditions of Approval and Memorandum of Understanding (MOU). These documents set forth the types of uses by square footage and details the required parking standards. • Over 150 businesses at West Gate have been approved by the Zoning Enforcement Official under the authority of PD-86-9 and the MOU. Approval of zoning applications is based on the objective criteria of whether or not a proposed business fits a use category where there is currently square footage available and required parking exists.