Lakeport City Council grants appeal for Dollar General store project
LAKEPORT, Calif. – The Lakeport City Council on Tuesday granted a Texas company’s appeal for its plan to build a Dollar General store, finding that the project qualified for environmental law exemptions that staff had suggested but the planning commission did not accept.
The council’s vote to grant Cross Development’s appeal was 4-1, with Councilman George Spurr voting no.
Cross Development wants to build a 9,100-square-foot Dollar General store on a three-acre parcel at 1405 S. Main St.
The company successfully pursued plans for Dollar General stores built in Clearlake Oaks and Nice, has tried to get stores in Kelseyville and Middletown, and has floated a plan for a store in Lucerne.
Cross Development appealed the Lakeport Planning Commission’s July 12 split decision to deny its architectural and design review application.
Planning staff had suggested that the project qualified for a categorical exemption from the provisions of the California Environmental Quality Act, or CEQA, based on several factors: it’s on a parcel less than five acres, is substantially surrounded by urban uses, is consistent with the general plan and zoning, has been determined to have no impacts on rare, threatened and endangered species, and there are no traffic, noise, air quality or water quality impacts.
The commission majority, however, didn’t accept that the project was exempt, and instead determined that the application wasn’t complete because it required more environmental review and an initial study.
Sabrina Teller, the attorney representing Cross Development, said they appealed because they felt the commission got off track on what factors should be considered.
Teller said the city needs to have substantial evidence in support of the stated criteria for the exemption, adding that it was amply documented why the project met those criteria.
Spurr asked staff about what could be done to address the planning commission’s concerns.
Community Development Director Kevin Ingram said city staff felt there were a number of requirements that didn’t need to be completed until the building permit stage, such as providing specifics about grading and storm drainage.
Ingram said those requirements remain. “It’s just at what stage they will have to meet them.”
Joe Dell of Cross Development said the company agreed with the conditions approved by staff, that they would abide with all city ordinances and mitigate any potential concerns.
He asked that the appeal be granted and the plan sent back to the planning commission for review so the project could move forward.
Lakeport resident Christine Fowler – an employee of Shoreline Center LTD, which owns the property where the store is proposed to be built – spoke to the council in favor of the project.
Fowler said the store will bring jobs, property tax and sales tax revenue, community investment, and improved infrastructure and aesthetics.
Fowler, initially, was the only community member to speak during the public hearing, which Mayor Stacey Mattina closed before the council began deliberating.
City Manager Margaret Silveira told the council that the city is trying to be more business friendly by not requiring so many studies up front before project approval.
“It’s part of the economic development and business-friendly environment we're trying to create for the city also,” Silveira said.
Ingram added that there is a perception by the developer community that Lakeport’s planning department requires a lot of plan submittals, design modifications and last-minute changes before projects can move forward, noting many of those plans are very expensive.
He said that, in some cases, some of those studies and plans aren’t appropriate to require if it’s not yet known if a project will be approved.
Councilman Kenny Parlet, who owns the Lakeview Market in Lucerne, brought up findings in the city’s recently approved economic development strategic plan that showed Lakeport has 450-percent more grocery inventory than it needs.
He said Dollar General isn’t going to bring more retail business, but that the current revenue would just be sliced up more between retailers.
While he said he has concerns about Dollar General, he didn’t agree with the planning commission’s finding, adding that he felt everyone – but the commission – had done the proper work in approaching the plan.
“As much as it kills me to do this, I have to say that I can’t really believe that we can deny this because they’ve done their homework and they’ve done a darn good job,” he said.
Parlet also referenced the fact that one of the studies Cross Development had completed was a traffic study, which had found no impacts.
Mattina said staff did a lot of work to make its determinations, and found that the project is consistent with the zoning. The property owner, she added, has the right to do with the property what fits in the zoning.
She told Dell that she felt his time had been wasted, and she felt bad about that.
Councilwoman Mireya Turner, who works for the county of Lake’s Community Development Department, said she had read the geotechnical study and didn’t see how an initial study would have improved it. She agreed that staff was thorough in its work.
Planning Commissioner Michael Froio asked for the council to reopen the public hearing so he could speak, as he was concerned that the commission took a “dirty beating” over the matter.
As a newer member of the commission, Froio said he had tried to do the best he could in considering the project, which he said many people have told him they don’t want in the city.
Froio said Dollar General won’t bring excitement or more money to the city, adding he felt strongly that the city needs to protect existing businesses which will lose revenue.
“I’m telling you from my heart that this project doesn't belong in our city,” he said, adding that the commission doesn’t have the tool which it desperately needs – to be able to say no to businesses they don’t want in the city.
Fowler returned to the microphone to disagree with Froio, maintaining that the city will benefit, and that the store won’t destroy the image of downtown Lakeport.
“They are investing in our town and we desperately need it,” he said.
Parlet thanked Froio for his comments, and Councilman Tim Barnes suggested that those passionate about keeping Dollar General out should rally other residents who are like-minded.
“That's the only recourse I can see from where we're sitting now,” said Barnes.
Parlet said the city needs to look at ordinances and other measures in the future if it wants to control its vision and ideals, but he added that the project may be a done deal.
He then moved to grant the appeal and find that it qualifies for the categorical exemption. Barnes seconded and the council voting 4-1, with Spurr voting no.
In other news on Tuesday, Mattina received a donation check for $9567.43 from Lake County Chamber of Commerce Chief Executive Officer Melissa Fulton in support of the city’s annual Independence Day fireworks display.
Fulton said the funds, raised from chamber members, topped last year’s donation, which was a little over $5,000.
Also on Tuesday, the council got an update on this summer’s criterium bike race, Grillin’ on the Green and Shakespeare at the Lake events; adopted a resolution to formally declare an end to the stage one water emergency and to address ongoing water conservation efforts by restricting wasteful practices; and approved an updated Gann limit revision for city appropriations.
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