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THE CITY OF <br /> 4 <br /> - "` CITY COUNCIL AGENDA REPORT <br /> pL£ASANTONo <br /> May 7, 2012 <br /> Community Development <br /> Planning Division <br /> TITLE: P12-0113, CONSIDER AN APPEAL BY COUNCILMEMBER SULLIVAN OF <br /> THE PLANNING COMMISSION'S DECISION DENYING THE APPEAL OF <br /> ANGELA JOE-WILLMES AND LINDA MARTIN, THEREBY UPHOLDING <br /> THE DIRECTOR OF COMMUNITY DEVELOPMENT'S APPROVAL OF A <br /> ZONING CERTIFICATE TO OPERATE A SUPERMARKET AS A <br /> PERMITTED USE WITHIN THE EXISTING BUILDING LOCATED AT <br /> 3112 SANTA RITA ROAD, AND WITHIN THE HOURS OF <br /> OPERATION AND DELIVERY LIMITS AS SET FORTH IN THE <br /> EXISTING CONDITIONS OF APPROVAL FOR PUD-84 <br /> (ORDINANCE NOS. 1035, 1165, AND 1214 AND PLANNING <br /> COMMISSION RESOLUTION 2691). <br /> SUMMARY <br /> The current appeal is of the Planning Commission's decision to deny the appeal of Angela <br /> Joe-Willmes and Linda Martin and thereby uphold the Director of Community <br /> Development's issuance of a zoning certificate after determining that the WalMart <br /> Neighborhood Market is a permitted use and complies with applicable zoning regulations. <br /> This appeal was filed by Councilmember Matt Sullivan pursuant to Municipal Code section <br /> (PMC) 18.144.010 (City council review). Staff has included Councilmember Sullivan's <br /> application of appeal as Attachment 2 for the Council's reference. <br /> PLANNING COMMISSION ACTION <br /> Denied the appeal of Ms. Joe-Willmes and Ms. Martin that the proposed WalMart <br /> Neighborhood Market did not comply with the zoning code, Planned Unit Development <br /> (PUD), or the General Plan, thereby upholding the Director of Community Development's <br /> approval of the issuance of a zoning certificate by a 5-0 vote. <br /> RECOMMENDATION <br /> Staff recommends that the City Council adopt the attached draft resolution (Attachment 1) <br /> denying the appeal, thereby upholding the Planning Commission's denial of Ms. Joe- <br /> Willmes and Ms. Martin's earlier appeal and upholding the Director of Community <br /> Development's issuance of a zoning certificate for P12-0113. <br /> FINANCIAL STATEMENT <br /> Community Development fees would apply to building permits (i.e., interior tenant <br /> improvements); therefore, no fiscal impact on the City is anticipated. No other fees are <br /> due because the proposed Neighborhood Market would utilize an existing supermarket <br /> building without any increase in square footage. <br />