2A Public Hearing 2007 0709 - Laserfiche WebLink

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CITY OF SAN LEANDRO STAFF REPORT APPROVED AND FORWARDED TO CITY COUNCIL DATE: July 9, 2007 TO: John Jermanis, City Manager FROM: Luke Sims, Interim Community Developmentfi~ecl~ Kathleen Livennore, Interim Planning Manag~~e- \ BY: SUBJECT PROJECT/PROJECT DESCRIPTION: MATTER OF APPEAL BY GROCERY OUTLET, INC. AND NORCAL AL, LLC, APPLICANTS, OF THE DECISION OF THE BOARD OF ZONING ADJUSTMENTS DENIAL OF PLN2007-00029, UPHOLDING OF THE ZONING ENFORCEMENT OFFICIAL'S DETERMINA nON THAT THE PROPOSED GROCERY OUTLET IS A SUPERMARKET, NOT A NEIGHBORHOOD GROCERY STORE OR A NEIGHBORHOOD/SPECIALTY FOOD MARKET AT 1550 E. 141'H STREET; ASSESSOR'S PARCEL NUMBER 77-540-9; GROCERY OUTLET, INC. AND NORCAL AL, INC. (APPLICANTS AND PROPERTY OWNER). SUMMARY AND RECOMMENDATION On June 7, 2007, the Board of Zoning Adjustments upheld the administrative decision of the Zoning Enforcement Official with regard to the determination that the proposed Grocery Outlet is a supermarket, not a neighborhood grocery store or Neighborhood/Specialty Food Market. The applicants are proposing that their application for a Grocery Outlet at 1550 E. 14th Street is a neighborhood grocery store and a permitted use in the CD Commercial Downtown District. The Planning Manager and then the Zoning Enforcement Official both determined that the proposed Grocery Outlet would be considered a supermarket, which requires a Conditional Use Permit in the Commercial Downtown (CD) District. A Conditional Use Permit for this site, identified as an Opportunity Site in the Downtown Transit-Oriented Development (TOO) Strategy, would be subject to the existing moratorium related to discretionary action on any opportunity site. The moratorium extends until November 6, 2007, or finalization and implementation of the Downtown TOO Strategy, whichever comes first. The applicants appealed the Board of Zoning Adjustments upholding of the administrative decision of the Zoning Enforcement Official with regard to the determination that the proposed Grocery Outlet is a supermarket. The Zoning Code provides definitions of various uses in the residential, commercial and industrial districts in the City of San Leandro and further provides for a Zoning Enforcement Official to interpret the Zoning Code (Article 2, Section 1-206). The Board of Zoning Adjustments and staff recommend that the City Council make a motion to uphold the determination of the Board of Zoning Adjustments and the Zoning Enforcement Official and deny the appeal.