The public is invited to comment on the proposed zoning ordinance relating to superstores in our city. The Planning Commission will hear comments this upcoming Thursday February 6, 2014 in the City Council Chambers at the MSB 33 Arroyo Drive. The meeting starts at 6:55pm. Those who would like to speak are asked to fill out a speaker card located in the back of the room and return it to the clerk in front prior to the start of the meeting. You will be called at the appropriate time to come to the podium and share your comments which are limited to 3 minutes. The meetings are also available to view via live stream on the city website, along with the agenda which can be found HERE
SUBJECT:
Public Comment – Draft Environmental Impact Report (DEIR) for the proposed Large Format Retail/Superstore/Food & Beverage Retail Zoning Ordinance Text Amendment.
RECOMMENDATION
That the Planning Commission take public comment on the Draft Environmental Impact Report (DEIR) completed for the proposed Large Format Retail/Superstore/Food & Beverage Retail Zoning Ordinance Amendment.
BACKGROUND
Moratorium Established – Concern Re: Superstore Impact on Grocery Use
In the fall of 2012, the City Council expressed concern about the potential impact(s) a Superstore (Large Format Retail use) which includes a full-service grocery component, might have on the City’s current and future grocery market. In December 2012, Council adopted an Interim Ordinance that established:
1. A City-wide moratorium on the issuance of use permits, building permits, or any other applicable entitlement for large format retail or superstore uses; and
2. A moratorium on the issuance of use permits, building permits, or any other applicable entitlement for grocery uses in the East of 101 area.
The moratorium was extended on January 26, 20 13 for 16 months; it will expire on May 23, 2014.
Draft Zoning Ordinance Amendment –Brief Overview
Since the moratorium was established, staff has been evaluating and analyzing the potential impact(s) a Superstore could have on the City’s grocery market while also reviewing land use regulations that pertain to this discussion. After completing a comprehensive economic and land use analysis, staff drafted Zoning Ordinance amendments to:
- Prohibit Superstore use in all zoning districts within which a Superstore use may currently be allowed
- Prohibit Grocery use within the East of 101 Area; and
- Revise, update and/or add new definitions (Convenience Market, Large Format Retail, Grocery Store, Supermarket, and Superstore) to clarify the City’s intent.
DEIR –Public Notice and Comment
A notice of preparation (NOP) was issued by the City on November 6, 201 3 to inform agencies and the general public that an Environment Impact Report (EIR) was being prepared and to invite comments on the scope and content of the document. A scoping meeting was held on December 5, 2013.
A Draft Environmental Impact Report (DEIR) was prepared for the Zoning Ordinance Amendment and circulated for the mandatory 45-day public review period on January 8, 2014; the public comment period will close on February 24, 2014.
DISCUSSION -California Environmental Quality Act (CEQA)
Planning Commission -Purpose of February 6, 2014 Public Hearing
The purpose of this staff report and the February 6, 2014 public hearing is to provide a forum for the public, other agencies, and the Commission to comment on the DEIR during the public review period. No formal action is recommended regarding the Zoning Ordinance amendment on February 6, 2014. The Commission will be asked to provide a recommendation to Council on the (final) EIR and draft Zoning Ordinance amendments at a future public hearing.
DEIR Overview
The DEIR evaluates impacts associated with the draft Zoning Ordinance text amendments (Amendment). The California Environmental Quality Act (CEQA) requires the City to analyze effects related to physical change, either directly or indirectly caused by the Project/Amendment. In the case of a Zoning Ordinance text amendment (rather than a construction project) it is unlikely there will be any direct physical change because the Zoning Ordinance regulates future development. The result is that any change to the Zoning Ordinance will not cause development; instead, the Amendment will change how development will occur in the future.
The draft Amendment contemplates the removal of one specific type of development (Superstore) City-wide, and further limits the location of future Grocery stores (prohibit in the East of 101 Area).
Based on the scope of the draft Amendment, the City determined that there could be a potential impact on:
Air Quality,
-
- Greenhouse Gas Emissions (which were not evaluated in the 1999 General Plan EIR),
- Land Use & Planning, and
- Traffic.
The aforementioned topic areas were addressed in detail in the DEIR
Summary of Environmental Impacts and Mitigation Measures
Adoption of the draft Zoning Ordinance text amendments would NOT result in significant and unavoidable environmental impacts. In fact, after a thorough analysis of Air Quality, Greenhouse Gas Emissions, Land Use & Planning, and Traffic, the DEIR concludes that “no new significant impact,” “less than significant impact,” or “no impact” would be expected as a result of the proposed Amendment.
A table summarizing the impacts and mitigation measures (Table S-1) is available on pages S-4 through S-6 of the DEIR, and the complete analysis is included in Chapter 3 of the document. Overall, the proposed Amendment does not alter the intensity of land uses that were contemplated in the 1999 General Plan EIR.
Alternatives Analysis
Chapter 4 of the DEIR includes a discussion and evaluation of two alternatives to the proposed Zoning ordinance text amendment: “No Project Alternative” and “Limited Superstore Zone Alternative” . For the purpose of the environmental review, the “No Project Alternative” assumes that a Superstore would be developed.
Development of a Superstore would not be consistent with several General Plan policies related to business retention, business climate and other economic criteria in either alternative. The environmental impacts of the alternatives are largely unknown, but likely similar to those of the project. Overall, the proposed Zoning Ordinance amendment is considered the environmentally superior alternative because it allows the City to more carefully manage the growth and development within the community.
CONCLUSION
Staff is seeking comments from the public, other agencies , and the Commission on the DEIR. The Final Environmental Impact Report (comprised of the DEIR and Responses to Comments received on the DEIR) will also be considered by the Planning Commission, and City Council, as part of the future public hearing process required for certification of the EIR and adoption of the Zoning Ordinance Text Amendment.