HomeMy WebLinkAboutItem 8.6 Superstore Ordinance
CITY CLERK
File # D~~[Q]-[Z]~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 21, 2007
SUBJECT:
Consideration of Superstore Ordinance
Report Prepared by: Christopher 1. Foss
Economic Development Director
ATTACHMENTS:
1.
City of Livermore Superstore Ordinance
RECOMMENDATION: (/ AR< Consider Council Member Sbranti's request to evaluate the need for
(,U\J' a superstore ordinance and provide Staff with the appropriate
direction.
FINANCIAL STATEMENT:
Direction to research and prepare such an ordinance would require
approximately 25 hours from the City Attorney's Office and 80
hours from the Community Development Department
DESCRIPTION:
On March 26, 2007, the Livermore City Council unanimously approved a General Zoning Code Text
Amendment 07-371 prohibiting superstores (see Livermore Ordinance - Attachment 1). The adopted
Livermore ordinance defines a "superstore" as a store that typically offers diverse products (general
merchandise) and customer services, centralized cashiering, and a full service grocery store under the
same roof that shares entrances and exits. A "superstore" is further defined to exceed 90,000 square feet
of gross floor area and devotes at lease five percent (5%) of the total sales floor area to the sale of non-
taxable merchandise. The definition exempts discount club stores (ex. Costco) where shoppers pay a
membership fee in order to take advantage of the discounted prices. At the May 1, 2007 City Council
meeting, Council Member Sbranti requested that the City Council consider a ban, similar to the City of
Livermore, on superstores in excess of 90,000 square feet, with over 5% non-taxable grocery items.
A large-scale discount superstore typically combines discount general merchandise and a full-service
grocery under one roof. The average superstore is between 150,000 s.f. to 200,000 s.f. Staff has found
that a number of other jurisdictions have enacted superstore prohipitions including the cities of Santa
Maria, Arroyo Grande, San Luis Obispo, San Francisco, Oakland, Turlock, Martinez as well as Contra
Costa County. The prohibitions generally limit superstores to no more than 10% of their gross floor area
dedicated to non-taxable grocery items.
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COPY TO:
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ITEM NO. ~. G:,
G:\Chris\Superstore\Agenda Statement August 7 2007.doc
Staff has completed no additional research to date on the concept of prohibiting superstores in Dublin. If
the City Council were to direct Staff to work on this item, Staff could look into, among other things:
o A definition of large format (big box) retail stores and differentiate the various subcategories
(discount stores, discount superstores, and discount club stores).
o Regulation of floor space devoted to non-taxable items
o Exemption of discount membership stores
o Requirement to prepare an economic impact analysis for stores 100,000 s.f. and larger
o Prohibition of superstores over a certain size with a percentage of gross floor area dedicated to
non-taxable grocery items.
Staff estimates that, if so directed, it would take 25 hours of time from the City Attorney's Office and 80
hours of Staff time from Community Development Department to complete the research and prepare the
reports and related ordinance(s).
RECOMMENDATION:
Staff recommends that the City Council consider Council Member Sbranti's request to evaluate the need
for a superstore ordinance and provide Staff with the appropriate direction.
c2~cL
(102
AN ORDINANCE AMENDING THE LIVERMORE PLANNING AND ZONING
CODE, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING PART 1
(GENERAL PROVISIONS) CHAPTER 1-10 (DEFINITIONS), PART 2 (ZONING
DISTRICTS) CHAPTER 2-76 (PD-PLANNED DEVELOPMENT) SECTION 2-76-
100 (REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL PD ZONES), AND
PART 3 (DEVELOPMENT STANDARDS), CHAPTER 3-10 (SPECIAL
PROVISIONS)
The City Council of the City of Livermore does ordain as follows:
Chapter 1-10, Definitions - is amended to read as follows:
1-10-597 Superstore
"Superstore" means a store that typically offers diverse products and
customer services, centralized cashiering, and a full service grocery store under the
same roof that shares entrances and exits. Such stores exceed ninety thousand
(90,000) square feet of gross floor area and devote at least five (5%) percent of the
total sales floor area to the sale of non-taxable merchandise. "Sales floor area"
means only interior building space devoted to the sale of merchandise, and does
not include restrooms, office space, storage space, automobile service areas, or
open-air garden sales space. "Non-taxable merchandise" means products,
commodities, or items the sale of which is not subject to California State sales tax.
These stores are often the only ones on the site, but they can also be found in
mutual operation with a related or unrelated garden center or service station.
Superstores are also sometimes found as separate parcels within a retail complex
with their own dedicated parking area. The superstore definition does not include a
discount club store, where shoppers pay a membership fee in order to take
advantage of discounted prices on a wide variety of items such as food, clothing,
tires, and appliances, and many items are sold in large quantities or bulk.
Chapter 2-76, Planned Development District - is amended to read as follows:
2-76-100(B)(7)(a)
Superstores, as defined in LPZC 1-10-597 are prohibited.
2-76-1 00(C)(8)(a)(1)
Superstores, as defined in LPZC 1-10-597 are prohibited.
Chapter 3-10, Special Provisions - is amended to read as follows:
3-10-370 Superstores
ORDINANCE NO. 'J}e..'1 <6''''.. 8(21loJA-q
Attachment 1 (f
0<10<
Superstores, as defined In LPZC 1-10-597, are prohibited in all zOning
districts.
The foregoing ordinance was introduced by the following vote at the regular meeting of
the City Council held on the _ day of , 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
The ordinance was adopted at the regular meeting of the City Counc.il held on
,2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
MAYOR, CITY OF LIVERMORE
APPROVED AS TO FORM:
CITY CLERK
ASSISTANT CITY ATTORNEY
ORDINANCE NO.