Title
Body
MEMORANDUM
TO: Board of Supervisors
FROM: Michalyn DelValle, Community Development Director
DATE: September 17, 2019
SUBJECT: Discussion and Possible Direction to Staff concerning Retail Uses, Formula and or Box Store Zoning
EXECUTIVE SUMMARY:
This memo discusses retail uses, Lake County General Plan definition of Formula Retail Business, Area Plan discussion concerning formula stores, how Area Plans are used when making decisions concerning Design Review, and economic development.
The Lake County Zoning Ordinance allows the following retail uses:
• Retail sales of groceries is a permitted use in the CH - Commercial Highway zone only subject to Development or Design review if in a building less than 3,000 square feet of gross floor area per use or 6,000 square of total gross floor area.
• Retail sales of food and other items is a permitted use in the C1- Local Commercial zone only subject to Development or Design review if in a building less than 2,000 square feet of gross floor area per use or 4,000 square of total gross floor area.
• Retail sales of food and other items is a permitted use in the C2- Community Commercial zone only subject to Development or Design review if in a building less than 5,000 square feet of gross floor area per use or 10,000 square of total gross floor area.
The Zoning Ordinance does not limit the size of retail stores; however, depending upon the size of a store a Minor or Major Use Permit may be required. Furthermore, formula or franchise stores are not referenced in the Zoning Ordinance.
The Lake County General Plan identifies a Formula Retail Business as any type of sales activity or sales establishment that is operated directly by, under contract with, or other arrangements with, a manufacturer, distributor, or retailer of merchandise offered for sale therein, and required to adopt or maintain a standardized (“formula”) array of services and/or merchandise , trademark, logo, service mark, symbol, layout, décor, architecture, uniforms, signage, exterior design or similar standardized features in which there are already ten (10) or more such retail establishments regardless of location or ownership.
General Plan Policy LU‐4.6 Big Box Development states that: The County shall enact changes to the zoning ordinance to limit the size of formula retail businesses to no more than 40,000 square feet to be consistent with the character of the area. Exceptions may be considered through the Planned Development Commercial process. Staff does not generally receive applications for developments 40,000 square feet or larger. The Zoning Ordinance has not yet been modified to enact this limit.
Staff researched several of the County Area Plans and has determined that as specified below, Area Plans are recommendations. As the Middletown Area Plan states: The Lake County General Plan provides long-term guidance with regard to the values, goals, and future development of the entire county. Lake County’s diverse communities create unique Planning Areas, each with their own distinct character. The General Plan distinguishes eight planning regions within the county. The Area Plan for each region addresses specific issues within that Planning Area that are distinct from other regions, since community concerns, issues and development objectives vary between regions. Area Plans serve to enhance the County General Plan by identifying objectives and policies specific to each region, and they are developed with considerable community participation to reflect the goals of each community… The recommendations of this plan are designed to define, nurture and enhance the quality of life in the Planning Area, while also providing for economic development activities such as additional resort development, business park/ industrial park development, and increased opportunities for retail and support related commercial.
According to the Middletown Area Plan: “formula” or “franchise” business structures, signs and box stores that detract from the established theme should be required to develop in a way that is consistent with the Design Guidelines and local scale and character. Policy 5.1.2c states: ‘“Formula” or “franchise” business structures, signs and box stores within the Planning Area that detract from the small-town rural character shall be generally discouraged unless architecture and signage are made compatible with local themes.’
The Upper Lake - Nice Area Plan states that the design review process is intended for commercial and industrial development located within the Planning Area. These Design Guidelines were specifically drafted to address the general plan and zoning issues identified during the preparation of the Upper Lake - Nice Area Plan. The information contained in these guidelines should be considered recommendations rather than inflexible standards. In fact, variety and diversity should be encouraged, rather than adherence to a single rigid theme. Economic Development: The issues of general economic development for Lake County should be addressed by diversification and strengthening of the agriculture and tourism industries. The attraction of non-agriculture or tourism related business would help to provide a more stable, year-around economic base.
The Lakeport Area Plan identifies that: Economic Development: The issues of general economic development for Lake County should be addressed by diversification and strengthening the areas of agriculture and tourism. The attraction of non-agriculture or tourism related business would help to provide a more stable, year-around economic base. Economic Development Issues: Local employment opportunities are limited due to the lack of stable businesses. South Main Street is a business center for the whole County and requires special attention to assure economic vitality and a stable tax base. The traditional economic base of agriculture and tourism is seasonal, which causes cyclical unemployment and unstable economic growth.
The Shoreline Communities Area Plan states that town centers are in poor physical condition and the lack of a uniform design standard for buildings and signs has created a chaotic and unattractive commercial environment. Absentee and resident property owners often allow their properties to become deteriorated. Tenants likewise are discouraged from keeping their rented homes and businesses well maintained. The area lacks services for residents and visitors, including restaurants, automotive services, medical clinics, pharmacies, banks and hardware stores. Lack of parking in the town centers detracts the motoring public from stopping. Local employment opportunities are limited due to the lack of stable businesses.
In conclusion, the Zoning Ordinance permits various retail uses subject to obtaining either a Design or Development Review Permit and a Use Permit depending upon the size of the structure. The Area Plans typically contain Design Review recommendations which are reviewed during the permit process when applicable. Staff is seeking direction to determine if the Zoning Ordinance should be amended as specified in the Lake County General Plan concerning limiting formula or franchise stores to 40,000 square feet in size.
FISCAL IMPACT: _x_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): The potential impact is unknown.
STAFFING IMPACT (if applicable): None
Recommended Action
RECOMMENDED ACTION: Provide direction to staff concerning possible amendments to the Lake County Zoning Ordinance.