League of Women Voters of California Education Fund
	San Luis Obispo County, CA November 4, 2008 Election
	Measure D-08 Size Limits on Commercial Establlishments City of Atascadero Majority Approval Required Fail: 3727 / 31.74% Yes votes ...... 8015 / 68.26% No votes See Also: Index of all Measures

Arguments For Measure D-08

Arguments Against Measure D-08

The choice is clear. Do we want to develop a vibrant, walkable CITY CENTER, OR a massive Superstore complex on the edge of town? Do we want diverse, sustainable economic retail GROWTH to shore up much needed tax base OR a Superstore that shifts sales tax revenue from others with minimal financial gains to the City? This decision forever defines the development and character of Atascadero. Make no mistake, a superstore will change our City's SHOPPING PATTERNS and prevent the realization of an economically viable downtown. All large cities on the Central Coast and County have adopted similar ordinances banning Superstores to ensure their economic survival. VOTE YES FOR SUSTAINABLE ECONOMIC GROWTH and TO BAN SUPERSTORES WHY IS MEASURE D-08 NEEDED? SUPERSTORES have BIG NEGATIVE IMPACTS: ECONOMIC: Superstores drain revenue from locally-owned businesses Superstores decimate plazas with Grocery-based anchor tenants such as Spencer's, Food For Less and K-Mart plazas Higher demand of city services raises citizen tax burden Property Values of homes near Superstores decline Tourism suffers if city loses its unique character VALUES: Quality of life is threatened by... Loss of downtown as community and social center Superstore paves the way to sprawling L.A. style urbanization Traffic congestion, air, light and noise pollution 24/7 ASK YOURSELF: Why does Atascadero boast the greatest population gain in the Central Coast for 2007? What attraction does Atascadero hold for you? Which would attract future tourist dollars: a Superstore or a vibrant downtown center? MEASURE D-08 DOES NOT PREVENT A GROCERY STORE being built anywhere in the city. SUMMARY: This Measure reinforces Atascadero's General Plan, ensuring the vitality of the City's downtown and its future economic growth and safeguarding the region's economic welfare. Visit website: http://www.atascaderoshield.com Vote Yes on Measure D-08 s/ Thomas A. Comar, Spokesperson for Atascadero Shield Initiative s/ Ellen Bakker Béraud, Atascadero City Council Member s/ Mike Brennler, City Council Member s/ Joan M. OKeefe, Planning Commissioner s/ Brian Wallace, Downtown Business Owner Rebuttal to Arguments For VOTE NO ON MEASURE D-08 IT'S BAD FOR CONSUMERS AND BAD FOR ATASCADERO Measure D-08 isn't about saving downtown or economic growth. It's about limiting consumer choice. And it comes at a time when Atascadero is struggling to pay for vital services like roads, police and fire protection. Measure D-08 would eliminate the possibility of hundreds of thousands of dollars in tax revenue. ATASCADERO FACES REAL FINANCIAL PROBLEMS Our tax base is shrinking Sales tax revenue has dropped Our current expenses are greater than our revenue Cuts to vital services and city jobs are anticipated with the current economic slow down Measure D-08 takes away your right to choose where to shop. Measure D-08 hurts working families who depend on low prices. In these difficult economic times with gas approaching $5 a gallon and rising food prices, not everyone can afford to shop out of town for everyday items or at stores with higher prices. Measure D-08 is discriminatory. It only applies to stores like Wal- Mart Supercenters and Super Targets, not other large retailers like Costco or Lowe's. It's simple, Measure D-08: LIMITS consumer choice HURTS Atascadero's ability to encourage investment and create new jobs DISCRIMINATES against certain businesses in Atascadero ELIMINATES hundreds of thousands of dollars in possible tax revenue IS BAD FOR DOWNTOWN VOTE NO ON MEASURE D-08 TO ENSURE THE VITALITY OF OUR CITY For more information please visit http://www.atascaderoconsumers4choice.com VOTE NO ON MEASURE D-08 s/ Jay DeCou, Business Owner s/ Michael D. Goodman, Business Owner s/ Charlotte Covington, Owner - McGees s/ Stan Sherwin, Owner + K-Jon's Jeweler s/ Tom O'Malley, City Councilman

ATASCADERO IS FACING TOUGH FINANCIAL TIMES. As the city struggles to pay for vital services like police and fire protection, this ill-conceived measure would deprive Atascadero of new tax revenue while limiting choices for consumers, including those on tight budgets. Measure D-08 is a terrible idea and sets a bad precedent. It effectively limits consumer choice in Atascadero. It is unfairly written so it only applies to superstores like Wal-Mart Supercenters, but not to other large-scale retailers like Costco or Lowe's. Finally, Measure D-08 would cost the city hundreds of thousands of dollars in lost revenue. More than ever, Atascadero should be encouraging investment in the city and supporting efforts to create new jobs and expand consumer choices. MEASURE D-08 HURTS CONSUMERS AND ATASCADERO Local laws should not force consumers to shop in neighboring towns for their everyday goods. Not everyone can afford to shop at stores with high prices. Busy families and working parents CHOOSE to shop in stores offering one-stop shopping to save money and time. Atascadero's tax base is shrinking and sales tax revenue has dropped. And according to the City Council Staff Report, Atascadero is projected to be running a deficit within five years. This would result in cutbacks to vital city services including roads, police and fire protection. ATASCADERO NEEDS NEW TAX REVENUE TO IMPROVE LOCAL FINANCES This attempt to limit consumer choice will hurt Atascadero's ability to create jobs and bring in new tax revenue. Measure D-08 would prevent superstores from opening in Atascadero, meaning the city would lose hundreds of thousands of dollars in new tax revenue. City laws should not discriminate against a specific business and should not tell working families where they have to buy their groceries and other everyday needs. VOTE NO ON MEASURE D-08 s/ Thomas Patrick O'Malley, Atascadero City Council Member s/ Donald D. Idler, Business Owner s/ Bob Wilkins, First Mayor and Business Owner s/ Kelly Long, Business Owner s/ Joanne Main, President/CEO of Atascadero Chamber of Commerce Rebuttal to Arguments Against Measure D-08 grew out of a groundswell of community support for downtown development and in opposition to superstores. Superstores will compete with our developing downtown, decrease shopping choice and merely shift sales tax revenue, draining city services. Superstores increase two things, traffic and crime. Taxpayers will have to pick up the cost of infrastructure and every police and emergency response to the superstore. Measure D-08 is a conservative ordinance allowing membership clubs like Costco or Sam's Club which generate less traffic than superstores and are not open 24/7. Measure D-08 Protects CHOICE: Diversity in shopping Established plazas with grocery store anchors Head of household jobs Measure D-08 Protects SALES TAX REVENUE: Superstores do not bring added revenue, but are a form of economic displacement--studies show that 80% or more of superstore sales are "transferred sales" from existing merchants. SUMMARY: Measure D-08 welcomes new business to Atascadero, encourages greater competition and more consumer choice by not allowing superstores to become the only place to buy certain kinds of goods. Once competitors close, superstore prices increase. All large cities on the Central Coast and the county itself ban superstores. Size caps facilitate a market composed of small and mid-sized stores. Banning superstores allows Downtown investment. They don't sell small town quality of life on any shelf at superstores, but once they take it from us, we can't buy it back at any price. VOTE YES on Measure D-08! Visit website: http://www.atascaderoshield.com s/ George Luna, Councilmember s/ Douglas Marks, Planning Commissioner s/ Sorrel Marks, Parks & Rec Commissioner s/ Randy Lawrence, MD, General Surgeon s/ Ronald Rothman, Atascadero Shield Comm.

Full Text of Measure D-08

THE PEOPLE OF THE CITY OF ATASCADERO, STATE OF CALIFORNIA, DO ORDAIN AS FOLLOWS Section 1. Statement of Purposes and Intent. The purposes and intent of this measure are to: Guarantee the right of Atascadero's citizens to determine Atascadero's future growth and quality of life. Ensure the long-term economic viability of neighborhood commercial centers in the city, especially along El Camino. Prevent the deterioration of existing commercial areas and associated blighting and cost to the public. Prevent concentration of traffic and associated air qualityimpacts. Reduce traffic congestion and air pollution. Protect the rural small-town character of this unique city of the Central Coast. Ensure the retention of the historic Colony Landscape pattern, unique small-town rural character. Preserve the vitality of older neighborhoods. Ensure the region's welfare and prevent the adverse impacts of L.A. style urbanization. Section 2. Findings. a. Atascadero's quality of life is threatened by changes to the unique small town atmosphere from large scale commercial development that results in: 1. Deterioration of existing commercial areas and associated blighting. 2. Concentration of traffic resulting in decreased levels of service and increased air pollution. 3. Higher taxes and utility rates to subsidize growth; 4. Increased air, water, and noise pollution; 5. Crowding, congestion and increased crime; and 6. Inadequacy of services and facilities. b. The public health, safety, and general welfare will be promoted by the adoption of this measure. Section 3. Definitions. For purposes of this measure, the following words and phrases shall have the following meanings: a. "Effective date" shall mean the date on which this Initiative measure was adopted by the City Council of the City of Atascadero or the date b. "Big box commercial structure" means an individual retail commercial establishment with more than 150,000 square feet of gross floor area. The "gross floor area," of such a store includes outdoor storage areas, any outdoor area providing services, such as, but not limited to, outdoor merchandising display, garden supplies, plant display, snack bars, etc. "Gross floor area," however, does not include loading area. For the purpose of determining the applicability of the 150,000 square feet maximum, the aggregate square footage of all adjacent stores within 300 yards which may share either a series of checkout stands, management areas, storage area, common entrances, or a controlling ownership interest, shall be considered a single commercial establishment (for example, a plant nursery associated with a general merchandise store or home improvement store, or a discount department store associated with a grocery store). c. "Discount superstore" shall mean a retail discount store in excess of 90,000 square feet with at least 5% of gross floor area dedicated to non-taxable goods such as groceries. Wholesale clubs or other establishments selling primarily bulk merchandise and charging membership dues or otherwise restricting sales to customers paying a periodic assessment or fee shall be excluded from this definition. Section 4. Big Box Commercial Structures. Big box commercial structures shall be prohibited in all zoning districts in the city. Section 5. Discount Superstores. Discount Superstores shall be prohibited in all zoning districts within the city. Section 6. Required Public Actions. The City's General Plan and Zoning Code shall be amended in the manner required by law to conform with these provisions. To the extent that any policy or provision of this Ordinance is not self-executing, the City Council shall promptly enact such regulations and ordinances as may be necessary to carry out the directives and intent hereof. The City Council and all City agencies, boards, and commissions, are hereby directed to take any and all actions necessary to carry out this Initiative measure, including but not limited to, adoption and implementation of any amendments to the City General Plan, Zoning Ordinance, and City Code. This measure shall be implemented forthwith as a matter of the highest priority to the City. Section 7. Public Health Safety and Welfare. These provisions are minimum requirements for the promotion of the public health, safety and general welfare. Section 8. Guidelines. The City Council may adopt guidelines to implement and interpret this Initiative measure following public notice and public hearing, provided that any such guidelines shall be consistent with the provisions and intent of this measure. Any such guidelines must be adopted by two- thirds' vote of the City Council. Section 9. Exemptions for Certain Projects. This measure shall apply to all properties and projects covered by its terms, except it shall not apply to any development project which has obtained a vested right as of the effective date of this measure. For purposes of this measure, a "vested right" shall have been obtained only if each and all of the following criteria are met: a. The proposed project has received a building permit or its final discretionary approval; b. Substantial expenditures have been incurred in good faith reliance on the permit or final discretionary approval; and c. Substantial construction has been performed in good faith reliance on the permit or final discretionary approval. The "substantiality" of expenditures incurred and of construction performed and the question of whether or not such expenditures and construction were in "good faith" are questions of fact to be determined on a case by case basis by the City Council following application by the developer and notice and public hearing. Actions taken by a developer to speed up or expedite a development project with knowledge of the pendency of this measure shall not be deemed to be in "good faith" and shall not qualify for vested rights. Phased projects shall be considered for exemption on a phase by phase basis to the extent permitted by California law. Section 10. Amendment and Repeal. This Ordinance may be amended or repealed only by a vote of the people. Section 11. Severability. If any section, subsection, sentence, clause, phrase, part or portion of this measure is for any reason held to be invalid or unconstitutional by a final judgment of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. It is hereby declared that this measure and each section, subsection, sentence, clause, phrase, part or portion thereof would have been adopted or passed irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. Section 12. If qualified, this Initiative shall be submitted to a vote of the people at a special election.