On December 2, 2010, the Turlock Planning Commission denied to suggest to the Turlock City Council to revisit the 2004 Big Box ordinance, banning Discount Superstores that exceed 100,000 square feet of floor area and devote at least 5 percent of the sales floor area to nontaxable merchandise, commonly referred to groceries.
Furthermore, the Turlock Planning Commission denied supporting Commissioner Jeff Hillberg and Chair Mike Brem’s motion to at least study the impacts of a discount superstore at no extra cost while going through the General Plan Update.
The rest of the Planning Commission felt that it would open up a can of worms or would open the door for future discount superstore appeals to the Big Box ordinance. The Big Box ordinance held up in court against a lawsuit by Wal-Mart that cost the City around $400,000.
Thursday, January 6, 2011, the Turlock Planning Commission will hear a planned development and rezone request by the Target Corporation wanting to expand the proportion of sales floor area devoted to nontaxable merchandise from 4.9% to approximately 8.4% of the sales floor area within the existing 136,800 square foot retail store.
A planned development is requested to allow the project to have more than 5% of the total sales floor area devoted to nontaxable merchandise. Under current City zoning regulations, retail stores with centralized cashing that exceed 100,000 square feet of gross floor area and devote at least 5% of the sales floor area to nontaxable merchandise are not permitted in the Heavy Commercial (CH) zoning district. Approval of the planned development would allow the Target retail store to expand its nontaxable floor area beyond the 5% limit.
The City of Turlock Planning Staff is recommending to deny the project for sake of inviting future appeals from such stores like Wal-Mart.
The Turlock Planning Commission will consider making a recommendation to the City Council concerning the rezone. The Turlock City Council has the final vote on the matter.
Turlock Planning Commission Meeting Agenda 01-06-11 (rough text format with links to supporting documents for Commissioners):
THURSDAY, January 6, 2011 – 7:00pm
City of Turlock, Yosemite Community Room
156 South Broadway
A. CALL TO ORDER
Oath of Office for Re-Appointed Planning Commissioners (Deputy City Clerk)
B. APPROVAL OF MINUTES
1. Regular Meeting of December 2, 2010. View Item
C. ANNOUNCEMENTS (Debbie Whitmore)
D. DECLARATION OF CONFLICTS OF INTEREST AND DISQUALIFICATIONS
E. PUBLIC PARTICIPATION
This is the time set aside for members of the public to directly address the Commission on any item of interest to the public, before or during the Commissioner’s consideration of the item, that is within the subject matter jurisdiction of the Commission. You will be allowed five (5) minutes for your comments. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Commission addresses the matter. No action or discussion may be undertaken on any item not appearing on the posted agenda, except that the Commission may refer the matter to staff or request it be placed on a future agenda.
F. CONSENT CALENDAR
Information concerning the consent items listed hereinbelow has been forwarded to each Commissioner prior to this meeting for study. Unless the Chair, a Commissioner or member of the audience has questions concerning the Consent Calendar, the items are approved at one time by the Commission. The action taken by the Commission in approving the consent items is set forth in the explanation of the individual items.
G. PUBLIC HEARINGS (*Consent Items)
These are items on this agenda designated by an asterisk (*) next to the item number, requiring a Planning Commission public hearing but which, following an initial evaluation by staff, have been found to be consistent with existing City policy and the City General Plan and are, therefore, recommended for routine approval. Prior to actual Planning Commission consideration, the Chairman will open the public hearing and ask if anyone present wishes to discuss any of the items. If you want a particular agenda item removed from “Consent”, please speak up and advise the Chairman. That item will then be withdrawn from “Consent” and reviewed in detail as scheduled. The remaining “Consent” items for which there are no voice objections will be handled by a single action of the Commission.
1. *AMENDMENT TO CONDITIONAL USE PERMIT NO. 1992-37 (Monte Vista
Optometry) To amend the previously approved 6’ tall X 4’wide, 24 square foot single
sided monument sign located fifteen feet behind the sidewalk to allow for a 6’ tall X 7’
wide, 18 square feet per side, double sided monument sign, to be located adjacent to
the property line. The subject property is located at 991 East Monte Vista Avenue
(primary), Stanislaus County Assessor’s Parcel Number 072-045-037. The proposed
project is "EXEMPT" from the provisions of the California Environmental Quality Act
(CEQA) under Section 15311 [On-Site Signs] of the CEQA Guidelines and the City of
Turlock CEQA Implementing Procedures Part IV (b).
a) Planning Commission determination that the proposed project is "EXEMPT" from
the provisions of the California Environmental Quality Act (CEQA).
b) Planning Commission action on the amendment to Conditional Use Permit 1992-
37 (Monte Vista Optometry).
These items will be individually discussed and reviewed in detail.
2. REZONE 2010-03, PLANNED DEVELOPMENT 268 (TARGET CORPORATION –
GROCERY AREA EXPANSION)The applicant proposes to expand the proportion of
sales floor area devoted to nontaxable merchandise from 4.9% to approximately 8.4% of
the sales floor area within the existing 136,800 square foot retail store. A planned
development is requested to allow the project to have more than 5% of the total sales
floor area devoted to nontaxable merchandise. Under current City zoning regulations,
retail stores with centralized cashing that exceed 100,000 square feet of gross floor area
and devote at least 5% of the sales floor area to nontaxable merchandise are not
permitted in the Heavy Commercial (CH) zoning district. Approval of the planned
development would allow the Target retail store to expand its nontaxable floor area
beyond the 5% limit.
The project is under review pursuant to the California Environmental Quality Act
(CEQA). Staff has completed an Initial Study (in accordance with section 15063), to
determine whether a “Negative Declaration” is appropriate from an environmental
standpoint (in accordance with CEQA §15177-Subsequent Projects within Scope of
a) Planning Commission consideration of a “Negative Declaration” for the project.
b) Planning Commission recommendation to the City Council concerning Rezone
H. OTHER MATTERS
I. COMMISSIONER’S CONSIDERATION
J. STANISLAUS COUNTY PLANNING REFERRAL ITEMS
K. COMMISSIONERS COMMENTS
Commissioners may provide a brief report on notable topics of interest. The Brown Act does not allow discussion or action by the Commission.
L. STAFF UPDATES (Debbie Whitmore)
Downtown Plan Update Contract scheduled for January 11, 2011 City Council
Update on Big Box Ordinance Review by City Council
February 8 Joint City Council/Planning Commission Meeting on Senate Bill 2 –
Zoning Ordinance Revision to allow Homeless Shelters by Right
March 1 Joint City Council/Planning Commission Meeting on the General Plan EIR