We can expect that Wal-Mart/Rottman Group will throw a king's ransom into the fray to counter our initiative. But, we are confidant that Atascaderans can not be bought. When the rubber hits the road, we believe that the voters of Atascadero will choose to be Citizens first and consumers second.

Wal-Mart blocker qualifies for ballot
The Tribune
June 14, 2008—"A measure to prevent a Superstore from being built at Del Rio Road will be discussed by the City Council first."

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Frequently Asked Questions

Q: What is the initiative/measure proposing?
A: The zoning and General Plan amendments being proposed would cap the size of a single retail store at 150,000 square feet and prohibit retail discount superstores in excess of 90,000 sq ft with at least 5% of sales space dedicated to non-taxable goods-groceries, such as a Super-Target, Super-K-Mart or Wal-Mart Supercenter. By comparison, an acre of land is 43,560 sq ft. and a football field is roughly 48,000 sq ft., about the size of Vons, Albertsons or Food For Less. 150,000 sq ft. is about 3.1 football fields and would be the largest commercial building in SLO County!

Q: How does this Initiative protect or "shield" Atascadero?
A: Managing the size of retail stores is one way to shield our small-town "feel," character and quality of life we have all come to appreciate in Atascadero. Prohibiting superstores helps to support locally-owned businesses and maintain diversity in the marketplace. It also sets standards/rules/expectations for developers planning to invest in our community. This protects and supports the General Plan's vision and smart growth principles.

Q: Is a size limitation and restriction on amount of non-taxable goods, like groceries, legal?
A: Yes, size limits, what goods and how much can be sold, and where, is part of mainstream zoning and a popular way to keep development within the scale of the community. In two recent court cases in California, the courts ruled that a city or town has a legal right to put a cap on the size of stores, and ban superstores. (Wal-Mart Stores vs. Turlock, S143488, 7/12/06, and Hernandez vs. City of Hanford, S143287, 6/7/07).

Q: Why exempt Costco or other membership clubs from the ASI?
A: The typical household makes more frequent trips to a big box grocery store for daily grocery needs. Trips to a membership club to buy bulk food items are on a more occasional basis. Also, membership clubs are not open 24 hrs a day. For example, Costco is open to the public a maximum of 9  hours M-F and less on weekends.

Q: Have other towns in SLO County and the Central Coast already done this?
A: Yes, the cities of Santa Maria, Arroyo Grande, San Luis Obispo and Paso Robles and the County itself either limit the size of stores or ban superstores. All these cities have economic diversity because they avoided superstores and their negative impacts.

Q: Will the initiative affect the Colony Square Project?
A: No, the projected combined total amount of restaurant/retail space is 77,530 sq ft. The actual retail space will even be less, far short of the proposed 150,000 sq ft. cap.

Q: Does passing the ASI mean we cannot have a grocery store on the north end of town?
A: No. ASI only limits the AMOUNT of groceries retail discount stores can sell.

Q: Can the ASI be challenged like the Dalidio Ranch Initiative and be taken to a county vote?
A: No. The initiative applies to development within city limits only. The Dalidio Ranch Project was able to go countywide because the project is on county land.

Q: Will there be a special election for the ASI?
A: No. The ASI will go before the voters for the Presidential/Municipal election in November 08.

Q: How much will the ASI cost the taxpayers of Atascadero?
A: According to the city clerk, the cost of placing the measure on the November 08 ballot will be $2-4,000. Care was taken by ASI Committee to have ASI fit into an existing election cycle.

Q: Is there any way to protect the city other than taking the ASI to an election in Nov. 08?
A: Yes, when the number of signatures is certified by the city clerk, the City Council could adopt the initiative as an ordinance by a majority vote with no cost to tax payers.

Q: Can the ASI be over turned by any sitting City Council?
A: No. Once the initiative has either been adopted by the City Council or passed by the voters, it can only be amended or repealed by a vote of the electorate.

Q: Does submission of or processing of Wal-Mart's newest proposal exempt them from the ASI?
A: No. Wal-Mart or any superstore must have building permits issued prior to the date the ASI goes into effect to be exempt. Wal-Mart's current proposal is for a zoning change not for development permits. These permits are only granted after the Environmental Impact Report (EIR) process is completed which could take up to a year.

Q: How can Paso Robles have a Wal-Mart Supercenter if they have a big box grocery ordinance similar to ASI?
A: In 1993, Wal-Mart went through the process for permission to build a department store and received entitlements to expand to a larger store prior to the date of the big box grocery ordinance went into effect. Wal-Mart built the smaller store we see in Paso Robles today. This is why they can now expand to a supercenter in spite of the ban on superstores.

PRESS RELEASE: ATASCADERO CALIFORNIA

OPPOSE WAL-MART LAUNCHES CITY INITIATIVE

December 17, 2007—The local citizens group, Oppose Wal-Mart, as sponsor organization of a ballot committee, submitted its Notice of Intention to Circulate a Petition to Atascadero's City Clerk today.

The City Measure is titled: Taxpayers' Initiative Ordinance To Reduce Costly Effects Of High Intensity Urban Development By Preserving Atascadero's Unique Small Town Character.

The Measure will ask the voting citizens to amend the Atascadero Zoning Ordinances to approve a maximum limitation (cap) of 150,000 square feet on the size of any single big box commercial structure and prohibit discount superstores in all zoning districts of the city.

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.
• Preserve and better implement the overall intention and Smart Growth Principles of the 2025 General Plan.
• Ensure the long-term economic viability of existing commercial plazas.
• Prevent concentration of traffic and associated air quality impacts.
• Ensure the region's welfare and prevent the adverse impacts of L.A. style urbanization. The County and all major cities on the Central Coast already ban discount superstores and many have size caps.
• Shield the City and citizens from the negative impacts superstores are anticipated to have, such as, cannibalization of existing businesses and their sales tax revenue, jobs, and small-town character; higher taxes and utility rates to subsidize growth; increased air, water, noise and light pollution; crowding, congestion and increased crime; and inadequacy of city services.

NOTICE OF INTENT TO CIRCULATE PETITION

Notice is hereby given by the persons whose names appear hereon of their intention to circulate a petition within the City of Atascadero for the purpose of amending the Atascadero Zoning Ordinances to approve a maximum limitation on the size of big box commercial structures and prohibit discount superstores. A statement of the reasons of the proposed action is as follows:

The proposed initiative to amend the Zoning Ordinance and General Plan is consistent with and designed to better implement the overall intention and Smart Growth Principles of the 2025 Atascadero General Plan. The proposal calls for limiting the maximum size of any one commercial store to 150,000 square feet, which is consistent with General Plan's maximum square footage for commercial center developments within the City. The proposal calls for the banning of the discount superstore retail format. Any store with over 90,000 square feet of gross sales floor space where more than 5% of sales floor area is devoted to the sale of nontaxable goods, such as groceries, shall be prohibited. Typically, such stores contain a full service grocery department. These amendments will ensure the retention of the historic Colony Landscape pattern, unique small-town rural character and atmosphere of the City, and ensure these qualities are protected for present and future generations. Besides consistency with the General Plan, these proposed amendments will protect the public welfare. The purpose of prohibiting discount superstores throughout the city is to avoid the negative impacts that such stores are anticipated to have on:

• The long-term economic viability of neighborhood commercial centers in the city along El Camino that are grocery-based anchor tenants, i.e. Spencer's, Food for Less, Albertson, and Vons plazas (two or more could close down, resulting in increased vacancy rates and a general physical deterioration of the center as a whole).
• Traffic congestion and associated air pollution.
• Transportation patterns and increased vehicle trips (previously dispersed shopping trips could be shifted to a single, concentrated location).

CITY MEASURE

ATASCADERO SHIELD INITIATIVE: TAXPAYERS' INITIATIVE ORDINANCE TO REDUCE COSTLY EFFECTS OF HIGH INTENSITY URBAN DEVELOPMENT BY PRESERVING ATASCADERO'S UNIQUE SMALL TOWN CHARACTER

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 quality impacts. 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.

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 on which it was passed by the voters at the polls, whichever occurs first.
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.

June 20, 2008—After more than two years of extensive, thorough research, we at Oppose Wal-Mart urge the City Council to adopt the Atascadero Shield Initiative. The time has come to recognize that for all of Wal-Mart and its supporters’ bluster and promises, they have not been able to produce a single independent study — not paid for by Wal-Mart—that refutes the overwhelming adverse impacts of a Supercenter on local economies and cities.

All major city councils on the Central Coast and the San Luis Obispo County supervisors have adopted big-box grocery ordinances similar to the shield. They recognize the threat and harm these superstores pose to the economic welfare of their cities and county, especially to locally owned and operated grocery stores. In Atascadero, those stores most likely to close would be the nonunion grocery stores, Spencer’s and Food 4 Less.

Academic studies and real-life experience, like in Arroyo Grande, reveal that Wal-Mart’s promises of riches in additional sales-tax revenue and increased jobs fail to materialize, even for a Wal-Mart department store. Downsizing of competitors leads to internal sales-tax leakage and merely shifts sales tax from one cash register to another. Layoffs at competing businesses wash out “new” job increases.

With this ordinance in place, all of these cities have developed their retail base, as businesses knew they would not have to compete with a superstore. Yet, even prior to the recession and state and national economic downturn, retail sales were not enough to fund the increased costs of infrastructure resulting from growth, and several of the cities passed increased sales-tax measures. Retail, the lowest-paying sector of the economy, is not the answer to maintaining a prosperous, thriving community. We need high-paying jobs, head-of-household jobs that allow families to stay in the area, buy homes and live the American dream.

Atascadero is at a unique crossroads, literally. The city is adjacent to Paso Robles, the third-largest wine growing area in the state, and a $1.8 billion wine-culinary tourist industry. At the center of town, Highway 41 provides access to Morro Bay and the coast.

Development and growth will come to Atascadero. But they need to incorporate our unique colony history and avoid the usual national retail formula stores that we already have in the area and from which tourists are “escaping” when they come to our region.

We urge the council to take the lead in protecting Atascadero, in setting minimal standards for commercial development and in creating a solid base, consistent with the General Plan, from which to ensure that Atascadero remains the kind of town in which we and our children enjoy living and working.

Oppose Wal-Mart and the Shield Committee are locally funded and organized by people of all walks of life and political persuasions, union and non-union, who have only the city’s best interest at heart.

Tom Comar has been an Atascadero resident for 22 years and is the spokesman for the Atascadero Shield Initiative Committee.

Shield Will Protect City
By Tom Comar, Oppose Wal-Mart Spokesperson
Atascadero News

January 18, 2008—The Atascadero Shield Initiative is designed to "shield" the general plan, small-town character and economic vitality of Atascadero from outside corporations and developers who want Atascadero to fit their vision. As a unique city within the third largest wine producing area in the country, Atascadero is becoming a more desirable location for developers and tourists alike.

The opportunity to tap into the county's largest source of income, culinary-wine tourism, is potentially available with vision, and the right type and scale of development. The "shield," when either adopted by the Atascadero City Council or approved by the voters, will clarify and accelerate this visioning process while protecting us from LA-style urbanization.

The ASI proposes to enact and codify minimal community standards to guide reasonable commercial growth. The ASI would cap the size of any single commercial building to 150,000 square feet or 3.1 football fields — biggest in the county!

A football field is roughly 48,000 square feet, the size of Food 4 Less, Albertsons or Vons. The city of San Luis caps out at 140,000 square feet, the size of Costco. The Colony Square project's total restaurant/retail square footage is 77,530 and would not be affected by the initiative. The cost of the initiative in the November '08 municipal election, as planned, is $2,000 to $4,000 according to the city clerk.

The ASI would prohibit discount superstores such as a Super Target, Super Kmart or Wal-Mart Supercenter. A retail discount store in excess of 90,000 square feet with at least 5 percent of gross floor area dedicated to non-taxable goods such as groceries is considered a superstore. Wholesale clubs such as Costco or Wal-Mart Sam's Clubs, selling primarily bulk merchandise and charging membership dues, are excluded. The typical household makes more frequent trips to a big box grocery store than to a warehouse membership clubs. Clubs, like Costco, typically provide significantly higher wages, better benefits, lower job turnover and are not open 24 hours a day.

These proposed amendments are in keeping with zoning ordinances in effect on the Central Coast either limiting the size of or the amount of groceries a discount store may sell, including the County of San Luis Obispo, Paso Robles, San Luis Obispo, Arroyo Grande and Santa Maria. All these cities have economic diversity because they avoided superstores and their negative impacts.

Wal-Mart and The Rottman Group will continue to buy full page ads to persuade the Atascadero community to vote against the initiative. The Atascadero Shield Initiative Committee is confidant that Atascaderans can not be bought.

For information, to volunteer or donate to the ASI Ballot Committee, P. O. Box 1524, Atascadero, CA 93423, go to www.opposewalmart .com or call 461-3710. Sign the shield. Make an investment in Atascadero.

Impact of Big-Box Stores on Traffic

Big-box stores generate large volumes of traffic—much more than most other land uses. The amount of traffic is directly re- lated to the size of these stores. The larger the store, the larger the geographic area from which it pulls customers and thus the higher the traffic counts. A 200,000- square-foot superstore typically generates more than 10,000 car trips on weekdays and more on Saturdays. The kinds of businesses that often spring up near big-box retailers—fast-food out- lets, gas stations, and convenience stores— also produce large volumes of traffic. Traffic and noise depress property values in nearby neighborhoods. More traffic in- creases the cost of local government serv- ices, such as road maintenance and police.