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LWV League of Women Voters of California Education Fund
Smart Voter
Sonoma County, CA November 2, 2004 Election
Measure P
Retail Business Uses
City of Cotati

Majority Approval Required

1,301 / 38.7% Yes votes ...... 2,057 / 61.3% No votes

See Also: Index of all Measures

Results as of Nov 19 4:09pm, 100.0% of Precincts Reporting (5/5)
Information shown below: Impartial Analysis | Arguments |

Shall the voters of the City of Cotati adopt a measure to restrict retail business uses in Cotati?

Impartial Analysis from the Assistant City Attorney
This initiative measure, if approved by a majority of voters, would prohibit the use of more than 60,000 square feet of any building for retail uses (the selling of any article, substance, commodity or entertainment) in a designated area of Cotati west of U.S. Highway 101, north of Highway 116, south of the Laguna de Santa Rosa and east of Alder Avenue, as shown on Exhibit A (the "affected area"). Voter approved retail business uses over 60,000 square feet would be exempted from this prohibition. Hotels of any size would also be exempted from the prohibition. This measure would limit grocery stores to occupancy of no more than 43,000 square feet of floor area under any circumstances. This measure, if adopted, will not affect the size of buildings which may be constructed. It will only affect the amount of retail use allowed within an area in a building which is not separated by walls without interior doors.

The literal language of the measure would also create new design criteria that would appear to apply to all types of development within the affected area which includes areas designated for Commercial and Industrial uses in the City of Cotati General Plan. Among other things, these design criteria would appear to mandate that all development in the "affected area," include housing and offices in addition to retail businesses, regardless of whether said development is proposed for commercial or industrial property. In addition, the measure would appear to require:

  1. the construction of new thoroughfares that afford the principal means of access to abutting properties;
  2. all retail uses to face on "double-loaded streets" with facades containing 50% window area;
  3. all streets to have 10 foot wide sidewalks and diagonal parking in front of stores;
  4. no more than 150 side-by-side parking spaces to be located next to any retail store regardless of the size of the store or the number of parking spaces otherwise required by existing law; and
  5. any retail establishment of 43,000 square feet or more to submit a retenanting plan (a business strategy and program) to ensure the fiscal vitality of the development.

Except for outdoor dining, the design criteria would prohibit outdoor retail uses which exceed 100 square feet.

Because the measure is not clearly drafted and because the measure attempts to amend portions of the City's General Plan and regulate the use of land in a manner which appears to be inconsistent with other portions of the City's General Plan, there are significant legal questions concerning the measure's interpretation, validity and compliance with state law. The measure does not explain how the provisions of the measure are to be brought into compliance with state law. It is unclear what effect, if any, the measure will have on existing businesses or projects which have already been approved or begun construction in the City.

If Measure P receives a yes vote, it will become an ordinance of the City which can be amended or repealed only by majority vote of the voters of Cotati.

s/ Veronica A. F. Nebb
Assistant City Attorney

 
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Arguments For Measure P Arguments Against Measure P
Join local residents and businesses in voting Yes on Measure P. Cotati has a charming small town atmosphere and great quality of life that residents have carefully guarded for decades. This is a heritage we can pass to our children, but only if we act now.

Our politicians have asked us to place our economic future in the hands of one very large big box development. They have accepted a development anchored by Lowe's that is too large for Cotati. It would create massive traffic on Highways 101 and 116.

Measure P, the Cotati Sensible Development Initiative, gives residents of Cotati a better choice for the site. The retail village plan features a diversity of shopping and dining uses along both sides of a tree-lined main street surrounding a village square. This is a look and feel far more appropriate for Cotati.

This initiative offers a sales tax producing retail development without forcing us to choose a risky project that will put all our economic eggs into one big box. An important advantage of the village design is that with many smaller shops, individual business can come and go without putting the town finances at risk. The loss of one massive box, on the other hand, could throw the town into fiscal crisis. The choice is clear.

This initiative offers a compromise to the unlimited building size currently permitted on this property and protects our quality of life by requiring full compliance with environmental review and reducing the potential impact of additional traffic. The retail village at this prime location can be a cornerstone for Cotati's future.

Please, Vote Yes on Measure P to Protect Cotati's Future. Thank You.

s/ Neil J. Hancock
Cotati Small Business Owner

s/ Mark Landman
Retired Fire Captain

s/ Michelle S. Berman
Coalition to Protect Cotati's Future

s/ Dolores (Pam) Mikowicz, RN, BSN, CNN
Registered Nurse

Rebuttal to Arguments For
Last year, Measure P proponents tried to scare Cotati voters into opposing a zoning change that would allow a Lowe's store. They said it would create a "Super Mall" of big box stores. Voters rejected their scare tactics and approved the Lowe's plan.

The City Council also reviewed the Lowe's plan. After numerous public hearings, this project, with just a single retail store over 43,000 square feet, was unanimously approved.

Proponents make a silly claim that this project is "risky". Why would Lowe's invest millions of dollars and hire hundreds of local workers if this were the case? Construction on the store has already begun.

Measure P proponents, who we now discover are almost totally funded by Yardbirds, ask that you "compromise" and break your promise to Lowe's -- illegally stopping the completion of their store. This action would be dishonorable and costly.

Cotati needs the sales tax dollars that will be generated by the Lowe's store to protect important city services that are threatened by state budget cutbacks and to provide long-term financial stability. Isn't it better to have our sales tax dollars going to Cotati for police, roads and recreational programs, rather than be lost to Rohnert Park or Petaluma?

We should not be re-fighting this old battle. Keep our promise to Lowe's and protect Cotati services. Please vote No on Measure P.

s/ Harold B. Berkemeier
Cotati City Council Member

s/ Lisa A. Moore
Vice Mayor of Cotati

COTATI CHAMBER OF COMMERCE
s/ Richard Lucchesi, President

s/ Kristin Caudel
Community Volunteer/Parent

COTATI POLICE OFFICER'S ASSOCIATION
s/ Jason Yarnall, President

Please vote No on Measure P.

Measure P attempts to reverse a 2003 election decision by Cotati voters to allow a Lowe's Home Improvement store to locate in an area already zoned for commercial and retail facilities. Based on this voter assurance, the Lowe's store is now under construction west of Highway 101.

Why are we fighting over this issue again? This new campaign against Lowe's has been substantially funded by an out of town competitor who paid out of town signature gatherers to qualify it for the ballot. They have no interest in the welfare of our citizens or the long term well being of our community. They just want to stop Lowe's from locating here and offering consumers more choices and lower prices.

Cotati shouldn't be used as a pawn in this anti competition crusade. The consequences to Cotati are significant. The Lowe's center will bring in about one million dollars in sales tax money to Cotati rather than being lost to Rohnert Park and Petaluma. These funds will soften the blow from state budget cutbacks. These sales tax dollars will also help repair our roads, improve public safety, and support youth recreation and senior programs.

And while this new measure attempts to stop Lowe's it also has the effect of creating crazy zoning rules in Cotati that could bring a lot more traffic and smog and hurt existing Cotati businesses. If we make Lowe's tear down their new store, Measure P would allow any new developer or government agency to build new facilities that could be even worse. This doesn't make sense.

Please vote No on Measure P. Keep sales tax dollars in Cotati. Protect Cotati services. Say No to out of town interests who don't have our interest in mind - only their profits.

s/ Pat Gilardi
Mayor of Cotati

s/ Janet Kurvers
Cotati City Councilmember

s/ Suzanne Whipple, Executive Director
Cotati Chamber

s/ Prue Draper
Cotati Historian/Author

s/ John A. Dell'Osso
Former Environmental Advisory Commissioner

Rebuttal to Arguments Against
Don't be fooled by the opposition. It was Cotati registered voters who gathered more than 600 signatures from their fellow residents. While some of us voted for Measure B, we didn't vote for Lowe's and we definitely didn't vote for a building three and one-half times larger than the prior limit.

All across America, small towns have been saddled with abandoned big box stores. For the big chains, each empty store is an expendable pawn on the board, yet for small towns the resulting blight can be a devastating blow.

Because an empty big box can be hard to fill, many towns demand that the chains sign agreements that provide a plan for the reuse of the site. Our politicians accepted a proposal with no such assurances.

There is a better choice. Local community groups, working with the Sierra Club and local businesses crafted the Cotati Sensible Development Initiative in order to present Cotati a choice that provides for a diversified mix of smaller stores in a retail village. It assures that the largest store in Cotati is a size that fits our small town, and requires a reuse plan for the site of any large store.

Measure P fixes the problems caused by the City Council when it refused to take responsibility for Cotati's growth with a moderate plan for sensible development. Join Cotati residents, nurses, firefighters, small businesses and community groups in backing Measure P.

Vote Yes on Measure P. Thank you.

SIERRA CLUB SONOMA GROUP
s/ Peter Ashcroft, Chair

s/ Mitchell Ray Clarey
Union Electrician

s/ Shannon Roberts Wilkins
A Cotati Founders' Daughter

s/ Jan S. Kravitz
32 year Cotati Resident

s/ William Ryken
Union Floor Layer


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Created: December 15, 2004 13:38 PST
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