HomeMy WebLinkAboutItem 7.2 Report on Superstores
C~TY ClEIR~
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AGIE~DA STATIEMENT
C~TY COUNC~l MEIET~NG DATIE December 4,2007
SUBJECT
InformatlOnal Report on Superstores
Report Prepared by Marme R NUCCIO Senior Planner and JamIe L
ROJo, AssIstant Planner
ATTACHMENTS 1) August 21,2007 CIty CouncIl Agenda Statement
2) August 21, 2007 CIty CouncIl Meeting Minutes
3) Superstore Research Mdp
RECOMMENJ)AnO~lve report and provIde Staff wIth dIrectIon
ci('
FINANCIAlL STATEMENT None
PROJECT DESCRIPTK ON
At the May 1, 2007 City Council meetmg, CouncIlmember SbrantI requested that the City CouncIl
consIder a ban on Superstores In excess of 90,000 square feet wIth over 5% non~taxable grocery Items
The LIvermore CIty Council adopted a SImIlar ban on March 26,2007
On August 21, 2007 Staff returned to the City CouncIl WIth an mformatIOnal report for consideratIOn of a
Superstore Ordinance (see Attachment 1) The City CouncIl directed Staff to look at SItes III the City that
have thc potentIal to accommodate Superstore development and come back With a report before decIdmg
whether to proceed WIth an Ordmance (see mInutes of meetmg In Attachment 2)
The term Superstore refers to retail establishments WhICh sell general retail merchandise along With full
service grocery sales Many large scale retailers are Increasmgly addmg to theIr general merchandise sales
the sale of grocery Items, what dIstmgUlshes a Superstore from a large scale retmler IS the full grocery
sales component
An average large scale general merchandise retaIler IS between 125,000 and 145,000 square feet on 10-12
acres of land With approxlmately 6-12% non-taxable grocery Items
An average Superstore IS 175,000 square feet or larger on 17 or more acres of land WIth 15-30% non-
taxable grocery Items
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G IAgendas\2007\12 4 07 Supers/ores CCSR doc
ANALYSIS
The CIty CouncIl's directIon was for Staff to evaluate the SItes III the City that havc the potenttal to
accommodate Superstore development Staff looked at undeveloped land 10 Dubhn deSignated for
General CommercIal land uses Staff also looked at the Downtown core area 10 the Pnmary Plannmg
Area The Pnmary Planmng Area land use deslgnatlOn of Retat1/0ffice allows shoppmg centers,
however, the bUildIng configuratIOn of the core area and current successful operatIons make thIS an
unhkely arca for conversion to a Superstore, so thIS area will not be dIscussed further
Thc Dub1m General Plan land use deslgnatlOn of General Commercial allows for a range of reglOna1 and
commumty serv10g retaIl uses mcludmg supermarkets, drug stores, hardware stores and hIgh-volume retatl
such as dIscount centers, home Improvement centers and furnIture outlets, to name a few The General
Plan also sets forth a development standard known as Floor to Area RatIo (FAR) to establish a mmImum
and maximum development potential for General CommercIal land uses The mmlmum FAR IS 0 20 and
the maxImum FAR IS 0 60
Table I below IdentIfies the development potentIal for land of a vanety of acreages UtIlIzmg the
maxlmum permitted Floor Area RatiO (FAR) for General CommercIal deSignated propertIes of 0 60, a 10
acre SIte could develop WIth 261,360 square feet of bUlldmg As thIS smgle story bUlldmg would cover 6
of the 10 acres, the remammg 4 acres of land would have to accommodate all park10g and assocIated
landscapmg Parkmg IS gcnerally calculatcd at 1 parkmg stall for each 300 square fcct ofbUlldmg area A
261,360 square foot general commercIal bUlld10g would reqUire 871 parkmg stalls Each parkmg stall
utIlIzes approximately 300 square feet of latld area when the stall Itself, atsle width/per stall and
landscapmg are mcluded The reqUITed land area needed to accommodate 871 parkmg stalls would be
5 99 acres, well m excess of the remamIllg 4 acres Either the bUIldmg would be forced to go to 2 stones
to accommodate surface parkmg (not lIkely as most retaIlers of super store development prefer SIngle
story faCIlities) or a parkmg structure sIzed to accept 289 of the reqUired 871 parkmg stalls would be
needed Th1s 1S WIthout site 1andscapmg
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JP
lB d
lFl
A
R
a e eve opment oten tl3 ase on oor rea atIo
Acres Square Footage Minimum Square lFootage MaXimum
GC FAR. 20 GC :IF AR 60
10 87,120 261,360
14 121,968 365,904
18 156,816 470,448
General Commercwl Development Sttes
Only vacant, undeveloped propertIes were analyzed because they are the only sltes avatlable for
ImmedIate development Pour areas deSignated for General CommercIal land uses WhICh are currently
undeveloped have been IdentIfied as havmg the potenttal to accommodate a Superstore 1) L10 property-
portlOn of Area C, 2) Dub1m Land Company (DIManto), 3) Robert Chen property (Fallon VIllage), and 4)
Emerald Place (formerly Commerce OneIIKEA)
Lm Property - Area C
ThIS property IS located west of Pall on Road between Interstate 580 to the south and Dublm Boulevard to
the north The s1te 1S approxImately 34 net acres In SIze (see Attachment 3) and IS deslgnated as General
CommercIal m thc General Plan and Eastern DublIn SpeCific Plan The property IS owned by Chang Su-
O- Lm
Page 2 of 5
Permitted uses on the Generdl CommercIal site mc1udc commumty servillg retaIl uses such as general
merchandIse stores, dIscount warehouse retail stores, and home Improvement stores (to name a few) and
regIOnally onented, hIgh volume, retatl uses such as but not limited to, dIscount centers, home
Improvement centers and factory stores Development which IS conSistent With the ZOnIng ofthe property,
as adopted ill the November 1997 Development Plan, would not be subject to further zomng approvals but
would reqUire Site Development ReVIew approval and a development dgreement Based on apphcable
zonmg and the SILe of the property a Superstore development could be feasible
Dublm Land Company Property (DIManto)
The Dubhn Land Company site IS approxImately 76 acres m Size, of whIch approxImately 60 acres are
currently desIgndted General CommercIal III the General Plan and Eastern DublIn Specific Plan The
entire SIte IS generally located east of TassaJara Road between Interstate 580 to the south and Gleason
Dnve to the north (see Attachment 3) The Site IS governed by the 1994 pre-zomng of the Dubhn Ranch
area whIch established a Planned Development ZOnIng DIstnct (P A 94-030) for the SIte (Ordmance 11-94
and ResolutIOn 104-94) The regulations and standards for development of the Dublm Land Company
property mcludmg land use and mtenslty of land use are subject to the adoptIon of future development
plans, no development other than that allowed under the mtenm Agncultural desIgnatlOn IS allowed untIl
such time that a Development Plan IS approved
A General Plan Amendment Study was IllItIated for the site m March 2003 to study consolIdatmg General
Commercial land uses on the SItes between Interstate 580 and Central Parkway and placmg hIgh denSity
residential land uses on the SIte betwccn Central Parkway and Gleason Dnve At thIS tIme, the apphcatIon
IS not actively bemg pursued and a Development Plan has not been submItted [or reVIew for the site
The Dublin Land property IS currently segmented by roadways mto 5 non-contiguous potentIal
development sites The 3 Sites closest to 1-580 could accommodate General Commercial development
dnd total 524 acres The smallest SIte, WhIch fronts both TassaJara Road and NorthsIde Dnve, IS only
1 219 acres and could not dccommodate a Superstore The site between Dublm Boulevard and Northslde
Dnve IS approxImately 20 906 acres and utllIzmg the maximum FAR of 0 60 could be developed WIth a
bmldmg or a senes of bUIldmgs totahng 546,400 square feet Assummg parkmg could be met WIth a
combmatIOn of surface and structured parkmg, Superstore development could be feaSible
The largest property, the area located between DublIn Boulevard and Central Parkway IS 30264 acres m
SIze Agam, utIhzmg the maxImum FAR of 0 60 as allowed by the General Plan, thIS portlOTI of the
Dublm Land property could be developed With a bmldmg or bUI1dmgs of 790,980 ~quare feet Parkmg
would have to be met by utllizmg a senes of structured and surface parkmg Superstore development on
thIS portIOn ofthe property could be feaSIble
It should be noted, however, that the Eastern Dublm SpeCIfic Plan (EDSP) addresses maximum
commercIal development on Dublin Land Company property at 846,153 square feet of General
CommercIal development plus an additional 56,410 square feet of Neighborhood CommercIal Land uses
for a total development potential of 902,563 square feet The EDSP references development on the
Dublm Land property of between 25 and 35 FAR WIth addItIonal analysIs, studies and envIronmental
reVIew, It mIght be pOSSIble to exceed the 902,563 square feet referenced 10 the EDSP In any case,
development potential of 902,563 square feet IS enough to allow development of a Superstore The
development of a Superstore on the Dubhn Land Company site would reqUIre the adoptlon of a Stage 1
and 2 Development Plan (Planned Development 200m g) as well as SIte Development ReVIew approval
and a Development Agreement
Page 3 of 5
Robert Chen Property
The Chen property IS approximately 72 acres and IS located east of Fallon Road between Interstate 580 to
the south and Dublin Boulevard to the north (see Attachment 3) The site IS deSIgnated m the Gcnera1
Plan and Eastern Dubhn Specific Plan as General Commercial An addItIonal 18 5 acres to the east IS
deSIgnated General CommercIal/Campus Office The General CommercIal/Campus Office deSignatIOn
allows the same types of uses but bmIts General CommercIal uses to 70% and Campus Office uses to 30%
(for traffic Impact purposes)
ThIS SIte IS part of the overall Fallon Village project area and a Stage 1 Development Plan was adopted III
December 2005 The Development Plan allows, as a permitted use, reglOnally onented, hIgh volume
retaIl uses mcludIllg dIscount centers, home Improvement centers and other SimIlar uses The
Development Plan also mcludes specific development standards, performance standards and findmgs
which must be met at the tIme of Stage 2 Development Plan proposals, for projects greater than 15 acres
III SIze, development standards can be modified through the Stage 2 Development Plan process
The development of a Superstore on the Chen property would reqUire the adoptIOn of a Stage 2
Development Plan whIch IS reqUired to be conSIstent WIth the findIllgs mcluded III the adopted Stage 1
Development Plan These findmgs among other thmgs reqUlre that the SIze, scale and Intensity of the
proposed development do not conflict With the character of the dIstnCt and adjacent land uses Based on
the SIze ofthe property a Superstore development could be feasible
Emerald Place/Blake Hunt Ventures Property
The Blake Hunt Ventures site IS approxImately 28 acres and IS located west of HaCienda Dnve and east of
Arnold Road between Interstate 580 to the south and MartInelli Way to the north (see Attachment 3) The
SIte has a General Plan and Eastern Dublm Specific Plan land use deSignatIon of General CommercIal
The property owner, Blake Hunt Ventures, has an actIve pl.mnmg applIcatIOn In process for the
development of the SIte A Stage 1 Development Plan was adopted by the Clty CounCIl In November
2007 and allows for general commerclalland uses, specIfic development standards were also adopted In a
Stage 1 Site Plan whIch depIctS multiple freestandmg bUIldmgs rangmg from 10,000 square feet to 65,000
square feet 10 SIze Blake Hunt Ventures IS actIvely mOVIng forward With an applIcatIon for a Stage 2
Development Plan and Site Development ReView for theIr project
The development of a Superstore on the Blake Hunt Ventures SIte IS hIghly unlIkely consldenng that a
planmng applicatIOn IS currently In process for development of the site and a Stage 1 SIte Plan has been
adopted whIch IS not conducIve for the development of a Superstore If a Superstore were to be proposed
for the SIte, an amendment to the Planned Development Zomng DIstnct Stage 1 Development Plan would
be reqUired as well as the adoptIOn of a Stage 2 Development Plan and Site Development ReVIew
EnVironmental Review
Most, Ifnot all, of the potentIal development SItes for a Superstore would reqUIre a dIscretIonary approval,
and related environmental reVIew Consistent WIth the CIty's practIce, Staff would examme the extent to
whIch any proposed Superstore would raIse environmental Issues not already addressed In pnor CEQA
reVIews for the SIte
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CONCLUSION
Below IS a summary of the entitlements WhICh would need to be securcd for the development of a
Superstore on the Lm property, the Dublm Land Company property, the Robert Chen property, the
Emerald Place/Blake Hunt Ventures property
Pro ertv
LIll Property - Area C
DublIn Land Company
Entitlements Needed
o SIte Deve10 rnent RevIew and Develo rnent Arcement
o Planned Development Zoning mcludmg a Stage 1 and 2
Development Plan
o SIte Develo ment Review and Develo ment A reement
o Planned Development ZOnIng mcludIllg a Stage 2
Development Plan
o SIte DeveIo ment Review and Develo ment A eement
o Amended Planned Development Zomng Illcludmg a Stage
1 and 2 Development Plan
o Site Develo ment Review dlld Develo ment A ecment
Robert Chen
Emcrald P1aceIBlake Hunt Venturcs
Based on an evaluatIOn of eXlstmg sites that arc vacant and undeveloped wIth land use desIgnatIOns of
General Commercial, the opportumty for Superstore development IS limited wlthm the commumty There
are vaflOUS dlscretlOnary approvals that are necessary from the Plannmg ComnllSSlon and/or City Council
for the development of a Superstore Superstore uses appear to be permitted under the General
CommercIal Land Use DesIgnation and therefore would not be able to be demed based solely on use
DiscretIonary review would address sIte desIgn and development standards, for Instance bmldmg
configuratIOn, parkmg, landscapmg, mternal circulatIOn and so on CEQA reVIew would also be reqUired
RECOMMENDATION
Receive report and provide Stdffwlth directIon
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AGIE~DA STAl'IEMIE~1r
C~TY COUNC~l MlElEll~G IDATIE AlLRglLRsft 21, 2001
SVBJ1JECT
ConsIderatIOn of Superstore Ordmance
Report Prepared by Chnstopher L Foss
Economlc Development Dlrector
A 1'1' AClHlMlEN1'8
1
City of Livermore Superstore Ordmance
RECOMMENIDAT:U:ON /J A,p( ConsIder Counctl Member Sbrantl's request to evaluate the need for
/.J}\J' a superstore ordmance and provide Staff With the appropnate
directIOn
IF:u:NANC:U:AL 81' A 1'EMlENl'
DirectIon to research and prepare such an ordmance would reqwre
approximately 25 hours from the CIty Attorney's Office and 80
hours from the Commwuty Development Department
DlESCRJIPl':U:ON
On March 26, 2007, the Livermore City CouncIl unarnmous1y approved a General Zomng Code Text
Amendment 07-371 prohtbItmg superstores (see Livermore Ordmance - Attachment 1) The adopted
Livermore ordmance defines a "superstore" as a store that typically offers dIverse products (general
merchandIse) and customer services, centralized cashtenng, and a full service grocery store under the
same roof that shares entrances and eXits A "superstore" IS further defmed 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 defimtlon exempts dISCOunt club stores (ex Costco) where shoppers pay a
membersmp fee III order to take advantage of the dIscounted pnces At the May 1, 2007 City CouncIl
meetmg, CounCIl Member Sbrantl requested that the CIty Council consIder a ban, sundar to the City of
Livermore, on superstores III excess of 90,000 square feet, With over 5% non-taxable grocery Items
A 1arge.scale discount superstore typically combmes discount general merchandise and a full-servIce
grocery under one roof The average superstore 15 between 150,000 s f to 200,000 s f Staff has found
that a number of other JUrIsdIctions have enacted superstore prohIbItions mcludmg the cIties of Santa
Mana, Arroyo Grande, San LUIS ObISpo, San FranCISCo, Oakland, Turlock, Martmez as well as Contra
Costa County The prolubl1lOns generally limIt superstores to no more than 10% of their gross floor area
dedIcated to non-taxable grocery Items
____~RM________________~._____________~_______________________~______________________________________________
cop\, TO
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G \Ch1l5 \5 uperstore\Agenda Statemen I August 7 2007 doc
/2--y.-Or 7 a.
A 'fl' A C IHlMENl' 1
Staff has completed no additIonal research to date on the concept of prohlbItmg superstores m Dubhn IftfJ I ,
the CIty CouncIl were to dIrect Staff to work on tlus Item, Staff could look mto, among other thmgs
o A deftnltIon of large format (bIg box) retaIl stores and dIfferentIate the vanous subcategones
(dIscount stores, dIscount superstores, and discount club stores)
o RegulatIon of floor space devoted to non-taxable Items
o ExemptIon of dIscount membershtp stores
o ReqUIrement to prepare an economIC Impact analysiS for stores 100,000 s f and larger
o ProhtbItIon of superstores over a certam SIZe WIth a percentage of gross floor area dedIcated to
non-taxable grocery Items
Staff estImates that, If so dIrected, It would take 2S hours of tIme from the CIty Attorney's Office and 80
hours of Staff tune from Commumty Development Department to complete the research and prepare the
reports and related ordmance( s)
RlECOMMENlDIA l'KON
Staff recommends that the CIty CouncIl conSIder CouncIl Member SbrantI's request to evaluate the need
for a superstore ordmance and proVide Staff WIth the appropnate drrectIon
c2~c2
( 86{)1 \
AN ORDINANCE AMENDING THE LIVERMORE PLANNING AND ZONING
CODE, AS AMENDED, OF THE CITY OF LIVERMORE, BY A.MENDING PART 1
(GENERAL PROVISIONS) CHAPTER 1-10 (DEFINITIONS), PA.RT 2 (ZONING
DISTRICTS) CHAPTER 2-76 (PO-PLANNED DEVELOPMENT) SECTION 2-76-
100 (REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL PO lONES), 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 foJ/ows
1-10-597 Superstore
'Superstore" means a store that typIcally offers diverse products and
customer services centralized cashlenng and a full servIce grocery store under the
same roof that shares entrances and eXits Such stores exceed nmety 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 Intenor 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 mclude a
I
discount club store, where shoppers pay a membershIp fee In order to take
advantage of dIscounted pnces on a WIde vanety of Items such as food. clothing,
tires and appliances, and many Items are sold In large quantities or bulk
Chapter 2-76, Planned Development Dlstnct - 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 OO(C)(8)(a)(1)
Superstores as defined In LPZC 1-10-597 are prohibited
Chapter 3-10, Spec/al ProVISIons - /s amended to read as follows
3-10-370 Superstores
ORDINANCE _
4~ \\
Superstores, as deflnea In lPZC 1-10.597, are prohibIted In all zoning
dlstncts
The foregomg ordinance was Introduced by tile followmg vote at the regular meeting of
the City Council held on the _ day of ,2007
AYES
NOES
ABSENT
ABSTAIN
COUNCILMEMBERS
COUNCI LMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
The ordinance was adopted at the regular meeting of the CIty CouncIl held on
, 2007, by the follOWIng vote
AYES
NOES
ABSENT
ABSTAIN
COUNCILMEMBERS
COUNCILMEMBERS
COUNCI LMEMBERS
COUNCILMEMBERS
MAYOR, CITY OF LIVERMORE
ATTEST
APPROVED AS TO FORM
CITY CLERK
ASSISTANT CITY ATTORNEY
ORDINANCE NO
o
o
.5 6() II
Consullell"Shon of SunlPell"store Oll"dlmsllIlce
9 50 p m 86 (420-20)
EconomIC Development DIrector ChrIS Foss presented the Staff Report and advIsed that at
the May 1, 2007 CIty CouncIl meetmg, CouncIlmember SbrantI requested the CIty
CouncIl consIder a ban on superstores SImIlar to the recently adopted prohIbItIOn m the
CIty of LIvermore
Cm Oravetz asked If the CIty had been approached by any superstores wIth the pOSSIbIlIty
of commg to the CIty What would 25 hours of CIty Attorney tIme cost and how much
would 80 hours of Staff tIme cost?
I..
EconomIc Development DIrector Foss replIed that no superstore representatIves had
approached the CIty Twenty-five 25 hours of CIty Attorney tIme would cost $5,000 and
80 hours of Staff tIme would cost between $5,000-$6,000
Cm Scholz asked how large the IKEA store would have been If It had gone through
Could thIS Issue be decIded on a case-by-case baSIS If It should arIse and was there an
advantage to do It that way
EconomIC Development DIrector Foss replIed that IKEA would have been 265,000 sq ft
CIty Attorney ElIzabeth SIlver stated that It was not an Issue that could be decIded on a
case-by case baSIS
Vm HIldenbrand asked IfIKEA would have fallen mto thIS ordmance
EconomIC Development DIrector Foss replIed that smce there was not a defimtIon of a
superstore set by the CIty, one could not say If It would have
CIty Manager Ambrose stated he dId not recall the square footage of IKEA If It were a
grocery or food Items that were not taxable, then It would have quahfied That was the
key In the LIvermore ordmance, It was based on non-taxable Items
]l)U]BlLJIN CJIl'Y COUNCKlL MJINUl'ES
VOLUME 26
RlEGlUJLAR MlEE']['][NG
Augunst 21, 2007
lP AGE 361
ATl'ACHMENT 2
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The CouncIl and Staff dIscussed that WIth the LIvermore ordmance, It was 5% of any store
90,000 sq ft or larger, but It could be any SIze and any percentage set by the CouncIl For
example, the DublIn Target was about 115,000 sq ft and had approxImately 7,000 to
7,500 sq ft of non-taxable food
Janu Moore, Dublm resIdent, stated she supported the restnctlOns on the superstores
DublIn CIty offiCIals were finally acknowledgmg that the CIty was reachmg the saturatIOn
pomt of dIscount retaIl stores and the traffic they generated
Mark Wolfe, Cahfonua Healthy CommumtIes Network, stated he had worked very closely
WIth sponsors of several ordmances SImIlar the LIvermore ordmance He made hImself
avaIlable to answer questIOns smce he was a famIlIar WIth the text of the ordmances and
how they operated, and theIr legalIty The mtent of these ordmances that had already been
passed was to prohIbIt superstores There were three retaIlers In CalIfornIa that had these
types of stores These were uses that were dIfferent from the tradItIonal Target store that
was In Dublm These stores were usually between 120,000 - 170,000 sq ft and devoted
a certam portIOn of theIr floor space to the sale of food Items that were not taxed That
was not what a supercenter was A supercenter was a bIg box retaIl store that was
combmed WIth a full SIzed, full-servIce supermarket StudIes had shown the negative
Impact that thIS partIcular use had on commumtleS Pnmanly thwartmg, Impedmg or pre~
emptmg Investment In downtowns and m hvable/walkable commurutIes and mvestments,
and creatmg commumtIes of dIstmctIOn based on dIscreet neIghborhood servmg
commercIal centers as opposed to very large regIOn servIce commercIal areas The
ordmance that was passed m LIvermore, whICh mayor not be the verSIOn that ends up
commg forward m Dublm, would not cover a tradltlonal Target or Wal-Mart or tradtuonal
lKEA He supported the deCISIon to go forward or at least explore the optIon of bnngmg
one or more verSlOns of the ordmance back for more detaIled dISCUSSIon or reVIew
em Oravetz asked Mr Wolfe WIth IKEA bemg the bIggest funuture store 10 the world,
why would you want an IKEA but not want a super Wal-Mart or Target Would you not
say you would not want eIther If you were trymg to ban huge stores
Mr Wolfe stated there were dIfferent ratIOnales for prohIbItIng or restnctmg dIfferent land
uses and If you dId not want the large amount of traffic or the envIronmental Impacts
assocIated havmg any large store, regardless of what It sold, then you could do what a CIty
In Sonoma County dId, they saId no stores over 45,000 III theIr CIty, penod The reason
JlllUBlLliN ClITY COUNClIL MlfNU'fIES
VOlLUMlE 26
RlEGlUlLAR MlEETING
August 2X, 2007
1? AGE 362
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they had attended the meetmg was thIS partIcular land use had been the subject of so much
controversy
Cm SbrantI asked Mr Wolfe what acreage was seen assocIated WIth a supercenter Was
there an average m lookmg at acreage
Mr Wolfe stated that the ones that had come forward m CahfornIa were anywhere from
12 and 20 acres
Cm Sbrantl explamed why he brought the Item forward for dIScussIon LookIng at the
CIty'S Goals and ObjectIves, the superstores were the exact OpposIte of pedestrlan-
frIendly development What were some of the alternate uses for that amount of acreage
There were dISCOunt stores already m downtown The loss of revenue between a
superstore and lKEA would be sIgmficant There was also the Impact on small busmess
He suggested the LIvermore ordmance as a model, not that the CIty would adopt that
exact text He would hke to be proactIve m case a proposal for such a store dId come
forward, there would already be an ordmance m place
Mayor Lockhart asked If someone brought a superstore type of plan forward could the
CIty then take a look at It and decIde Or If someone had enough acreage and the CIty
allowed retaIl, would that project automatIcally move forward
CIty Attorney SIlver stated yes, If the property was zoned approprIately and there were no
restrIctIOns on the sIze of bUIldmgs or developments then It was a type of project that the
CIty had dIscretIOn WIth respect to sIte development reVIew Issues, but not over the SIze of
the development The tune to determme what type of usage you wanted m your
commumty was at the Land Use level and the Zomng level Cm SbrantI's proposal would
be to amend the Zonmg Ordmance to specIfy that buIldmgs over X sq ft were not
permItted and that was perfectly permItted for the CIty to do The CIty could deSIgnate the
SIze of buIldmgs and that was done m a tradItIonal Zomng Ordmance
Mayor Lockhart asked If there was presently acreage m the CIty that would qualIfy for
thIS supercenter SIte SIze
EconomIC Development DIrector Foss stated yes there were
ID1UBlLlIN Ci'fY COlUNClIL MlINU'flES
VOlLlIJMIE 26
RlEGmLAR MJElE'flING
August 211., 2007
PAGE 363
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CIty Manager Ambrose clanfied If the Mayor's earher questIOn was at the tIme that an
apphcant came m to get theIr equIvalent of a Stage 2 Zomng, dId the CIty have an
opportumty to change the Zonmg
CIty Attorney SlIver stated that to the extent that there were propertIes that had Stage 1
Zomng, whether or not the CouncIl could place a hmltatIOn on the SIze of the bUIldmg
would depend on the Stage 1 Zomng However, If there were no vested rIghts attached to
the Stage 1 Zonmg, the CouncIl could always amend the Stage 1 Zomng The CouncIl
could always change the zonmg absent vested nghts, WhICh were for a perIod of time In
terms of dealmg With the Issue when someone came m, the Council's hands were tied
more then because you had the eXIstmg zonmg
Vm HIldenbrand stated she supported Cm Sbrantl's request to go forward and to look at
thIS Issue m further detaIl It was better to take a proactIve approach Her bIggest concern
was the City'S small busmesses and the Impacts a supercenter would have on them The
CIty always supported the small busmesses
Mayor Lockhart stated she would not hke to take Staff tIme away to study somethmg that
might not happen If the CouncIl, by consensus felt thiS was not good for the commumty
then, why not walt untll someone brought forward such plans
Cm SbrantI stated that If the CouncIl was saymg that the CIty was not mterested m the
superstore type busmess, then why not move forward now
Mayor Lockhart stated thiS was not a logical progressIOn We had created a CIty of
VIllages and pedestrian walkable areas Developers would know where the City stood on
these types of Issues
Cm Oravetz stated he agreed WIth Mayor Lockhart ThiS was a solutIon WIthout a
problem If a busmess were to knock on our door, then there was a process they would go
through that was called the Planmng CommIssIOn He was not wIllmg to spend $10,000-
$15,000 on a problem that the CIty dId not have
Cm Scholz asked City Attorney SIlver for c1anficatIOn If the CounCIl made a deCISion
now, could they change their mmds later
lDllUB]L][N C][1I'Y COlUNC][]L M1[NU1I'ES
VOlLUMJE 26
REGllJJLAR MlElE1I'][NG
August 21, 2007
rAGE 364l
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CIty Attorney SIlver stated that there was zorung on the books, and the Zomng Ordmance
could be changed ThIS was a dISCUSSIOn about lookmg at changmg the zonmg for
commercIal uses to put a hmltatIOn of prolubltIOn on the SIze of certam types of uses That
was wlthm the Councll's prerogatIve It could be reversed later However, there were
certam projects that had obtamed vested nghts to develop and the vested nghts were
always for a penod of tIme Dunng that tIme penod, If the CouncIl approved a
commerCIal project, the developer receIved the vested nght to buIld that project for that
specIfied tIme If dunng that specIfied tIme, the CouncIl deCIded they dId not want
commerCIal development on that property, the CouncIl could change that zonmg and zone
It reSIdentIal, but for that partIcular penod of tIme preVIOusly determmed, the developer)
has the vested nght to stIll bulld commercIal If there was not a vested nght for that
project, and the Counclllater changed the zomng for that property, then the developer dId
not have the nght to buIld that project
CIty Manager Ambrose stated there were only three 20 acre SItes m the CIty that were stIll
vacant that mIght accommodate a supercenter The CIty mIght have to look at thIS on a
parcel-by-parcel baSIS to see what the apphcablhty of thIS would be
Commumty Development DIrectIOn Jen Ram stated that there ffilght be change over ill 10
or 15 years m central DublIn WIth some of the larger retaIl SItes If someone were to come
mto the CIty WIth a project and asked If It was conSIstent WIth the current planned
development, she would have to say yes If It was zoned commercIal If they wanted to do
somethmg to the extenor, then they would have to go to the Planmng ComnllssIOn But If
they were just gomg to move m and do mtenor modIficatIOn they nught be able to do that
Cm Oravetz reIterated there was no one knockmg on the CIty'S door There was not
problem now Why spend taxpayers' money now
Cm SbrantI stated It would be a bIgger expense the mmute someone brought somethIng
m The hours would be much greater
Cm Oravetz stated there was a dIfference of opmIOn There was a process nght now that
could stop thIS If they were knockmg on the CIty'S door, they could adopt an emergency
ordInance He dId not see spendIng the taxpayers' dollars to do thiS now
DlIffilL][N Cll1rl( COUNClllL MlINlU1r]ES
VOlLUMJE 26
REGUJLAR MEE1r][NG
August 21, 2007
J? AGE 365
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Cm Shrantl asked for clarIficatIOn on If someone could ever move forward and say here IS
my commerCIal project, and Without havmg an ordinance like thIS that, the CIty not have a
say III It
CIty Attorney Silver stated thIS was complIcated because there were SItes where such a use
could be allowed and there were potentIally different eXIstmg land use approvals If you
had a Stage 1 or 2 PD already approved, the CIty would have to see what uses were
permItted and were there any restrIctIOns on the SIze of the bUIldmg If there were not, the
CIty'S dIscretIOn was lImIted to the desIgn, cIrculatIOn, etc
CommunIty Development DIrector Ram stated that If somethmg new came Ill, you would
have the dIscretton through the zomng process to deal WIth It through the PD It was
when you came to the reuse of eXIstmg bUIldmgs For example, If you had a home
Improvement store where the zomng was rather broad and a reuse came In and you were
lookmg at mtenor Improvements and maybe a change m the SIgn, then the CIty would
have a more dIfficult tIme In not grantmg approval
Mayor Lockhart asked the CouncIl If It would be a compromIse to have Planmng
Department Staff look at what opportumtIes might be avaIlable for a supercenter SIte It
was not that she wanted a supercenter m the CIty, she would not support It, but wanted to
know where the real possibIlItIes lIed
em SbrantI stated that was a compromise he could lIve With, It was a faIr solution
CIty Manager Ambrose asked for clarIficatIOn from Council If they wanted Staff to look at
the parcels that had the potential for such a development It would take tIme because PDs
were custom They would have to go mto each mdlvIdual document and reVIew Its zomng
and If there was a development agreement, dId It vested that zomng and look at what
latItude the CIty had It was a good first step to see what was the City'S exposure
On motIOn of Mayor Lockhart, seconded by Cm Sbrantl and by unammous vote, the CIty
CouncIl dIrected Staff to look at the CIty'S exposure to the Issue of a superstore and come
back Wlth a report so CouncIl could then deCIde whether another step was needed
~-- -- <>
1l.lllJBlLlrN CITY COUNC][1L MINUTES
VOLUME 26
REGULAR MJEE1f'KNG
August 2 n ~ 2007
PAGE 366
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