2010-02-03 6-B Submittal(2f212UI U) Lara we sager Uity council comments
February 1, 2010
The Honorable Mayor Johnson
Vice Mayor deHaan
Council Member Gilmore
Council Member Matarrese
Council Member Tam
RE: 6 -B. Public Hearing to Consider a Call for Review of the Planning Board's
Modification of a Use Permit for Extended Hours of operation at the Kohl's Store
Located at 2201 South Shore Center, and Adoption of Related Resolution.
(Community Development)
Members of the City Council,
We are writing to request that you overturn the January 11 Planning Board decision to
expand the hours of the Kohl's store use permit at Alameda Towne Centre (ATC).
Under condition ##5 of the November 9 Kohl's use permit, documented violations of the
use permit require the City to set a date for a revocation hearing before the Planning
Board.
Despite the fact that Kohl's had two documented violations of its use permit, a
revocation hearing was not held. Planning Board agenda item 9a on January 11
states:
9 -A Review of the Use Permit for Kohl's Department Store. Use Permit
review allowing additional store hours of operation on certain mornings before
7:00 am and on certain nights until 12:00 midnight. Kohl's is located at 2201
South Shore Center in the C -2 PD (Central Business Planned Development)
Zoning District in Alameda.
Instead of a revocation hearing, a hearing was held to consider additional store hours,
and those hours were granted. This hearing and decision were improper.
With the 2009 cuts in City staffing, city staff has told neighbors of ATC that there is no
city code enforcement officer available to document after- -hours code violations at the
mall. Neighbors have recently stepped in to document some of the violations, and this
was the case with Kohl's. If neighbors are to take on the burden of watching the mall,
there has to be a common understanding of process. Our understanding was that two
documented violations of a use permit would lead to a revocation hearing. This was not
the case with Kohl's. we ask that you set aside the decision of the Planning Board and
order a revocation hearing.
Thank you,
Michael and Dolores Radding
2450 Otis Drive Re: Agenda Item #6 -13
Alameda, CA 94501 2-3-10
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