HomeMy WebLinkAbout6.1 SB 343 MuniCode Superstore
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SB 343
Senate Bill 343 mandates supplemental materials that have been
received by the City Clerk's office that relate to an agenda item after
the agenda packets have been distributed to the City Council be
available to the public. This document is also available in the City
Clerk's office, the Dublin Library, and the City's Website.
The attached document was received in the City Clerk's office after
distribution of the May 6, 2008 City Council meeting agenda packet.
G:\CC-MTGS\FORMS\SB 343 Form.doc
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Jeri Ram
From: Bill Schaub [bschaub@comcast.net]
Sent: Friday, May 02, 200810:21 AM
To: Janet Lockhart; T Sbranti AOL; kasieHild; Tony Oravetz; KateEDU@aol.com
Cc: Jeri Ram
Subject: My thoughts on the anti-superstore ordinance
Unfortunately, I ended up sick the night of the anti-superstore Commission hearing. I believe that you deserve
my thoughts on this important matter given the considerable time I spent doing independent research (we had
virtually no Staff Report) and the fact that I have almost 4 years now focusing on our city's land use direction and
policies. BTW, I will not speak on this matter at the City Council meeting.
I do not judge this proposed anti-superstore to be in the best interest to our residents today for two significant
economic reasons. First, though we are assured by Counsel that we are on solid legal footing, we are placing
Dublin on a list of those government entities opposing at least one known, deep pocketed developer of such
stores. If this company (or an unforeseen company for that matter) chooses to target California for commercial
retail facilities larger than 175,000 sq. ft. with more than 17,500 sq. ft. dedicated to selling non-taxable items
(groceries) we will be sitting in the crosshairs. I my opinion, we are adding financial risk to the City for simply
the desire to pro actively keep all development larger than 175,000/10% NTax out of Dublin.
That brings me to the second significant reason for my opposition to this proposed ordinance. It is not in the best
interest to our City to "proactively" eliminate us from at least discussing a possible future development that could
have major revenue potential without having a dialogue about a real project.
Here is an example. What if Safeway wanted to bring a new concept in commercial retail to the Chen property
off Fallon Rd. that was 175,001 sq. ft. and had 17, 501 sq. ft. of food? Don't you think that our residents expect
us to consider such a facility on a parcel that sits in the airport protection zone across the freeway from similar
land uses being discussed on Staples Ranch? After all, this hypothetical project would be about the size of our
current Lowes combined with the approved Pad B on Grafton Station that also has five or six additional retail
buildings on it.
I have reviewed all of the arguments supporting the proposed anti-superstore ordinance for possible
environmental and negative land use impacts and they simply don't hold up. (Let me know if you want to see that
analysis.) Remember that we have an existing EIR for East Dublin that has cleared the way for such projects. If
there were environmental impacts from a proposed project where those impacts exceed the existing regulations,
the project would be subject to new environmental review and I believe not CEQA exempt.
My research shows that a 200,000 square foot retail center on the Chen property could provide the City with more
than $1 m in revenue on land that is completely suitable for such a project with or without groceries with virtually
no negative impacts on our residents. Why would we not at least have that discussion? Who are we pro actively
protecting here?
In summary:
· We don't need this ordinance as it only adds possible financial burdens to the City and restricts revenue
generating land use choices in the future. Again, who are we protecting here from what?
I believe that placing our City on the list with other cities who have drafted such anti-superstore
ordinances places us in more legal risk than we have today not being on the list.
Denying our residents the possibility for significant increased sales tax revenues without even
5/5/2008
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entertaining a potential project is in my opinion, not the way we manage our City's business. We
have all the skills, processes and planning tools already in place to bring about any land use
outcome that we desire.
This proposed ordinance has much more downside risk due to future unintended consequences
and unforeseen outcomes than present benefits. What is the present benefit?
Please see Vice Chair Tomlinson's comments in the PC minutes.
Respectfully, Bill
5/5/2008