CVS / Chase - Not A Done Deal Yet

[Butterfly]

https://www.pressdemocrat.com/articl...r-new-pharmacy

The (above), regarding some of today's remarks of some of the folks concerned about CVS / Chase on our block.

My comment is in response to the back and forth commentary that I feel sums up like this: 1) Well, we can't be just negative about the current CVS / Chase proposal; 2) well, we are a small minority in the omnipotent capitalist system; something is going to go down there on our corner and we're likely not going to like it no matter what; 3) well, put up or shut up (maybe), or, If you don't got a dime, you can't play the jukebox.

If citizens rising form the will - and that is a corollary to the great Declaration of Independence - "When in the course of human events, it becomes necessary ...,"

the hugely innovative, creative and resourceful community minded citizens of Sebastopol could develop the means to create a righteous and creative proposal to put at that corner lot and gateway to our town.

Or not. It is a historical truth that a people will not be decisively proactive until and unless they are sufficiently reactive to intolerable circumstances. Or, as another has said, the new shall arise on the ashes of the old. It remains to be seen if the current CVS / Chase proposal is really intolerable in the eyes, minds and actions of ourselves, citizens of Sebastopol. Or, if we have the "juice" to put something up there on that corner. Thus, if all of us concerned find our individual and collective ways to create this beautiful cornerstone of Sebastopol, we will see it done in the way that we want it done. If not, the whole matter will settle to a stepping stone toward another rising moment.

As Yogi Berra said, "it ain't over, 'til it's over." And, if you'd rather just smile at the wisdom and humor of Yogi Berra in his many pithy moments and admiring his ripe old age, I'm pleased that you walk away from this missive with a smile on your face. I look forward to your best intentions and actions in regards to this community matter.

[dysbtwn]

I just noticed something and if this is true, the Sebastopol City Council needs to explain.

In the recent post about Sebastopol Restaurants, the owner of Pasta Bella claims that the deal with Amy's Kitchen to create a drive through-fast food organic vegetarian restaurant was denied by the Sebastopol city council because they wouldn't allow a drive-through.

So why does the Sebastopol City Council allow drive-through at all the fast food in town (McDonald's, Burger King, Taco Bell), at many banks in town (Wells Fargo, Citi, B of A, etc), yet disallows Amy's Kitchen, a local private business with direct ties the community, that actually provides a healthy product. And now, they have no problem with drive-through corporate pharmacies (big pharma who screws the public) and Chase, (and what have big banks done for the public) at one of the busiest intersections in town.

Pasta Bella: We’re Still Here
News that natural foods business Amy’s Kitchen was taking over this Holli Jordan’s Gravenstein Highway restaurant may have been a bit premature. According to Jordan, it’s true that Amy’s made a great offer for the space. However, the deal fell through after the city declined Amy’s request to use the drive-through portion of the building for a”healthy fast food” restaurant. “The powers that be have spoken and we are staying put,” said Jordan. The restaurant has long been a popular gathering spot for salads, pasta and lunchtime sandwiches. “We had a very emotional response when people thought we were closing, but we want people to know we’re continuing on,” said Jordan. 796 Gravenstein Ave., Sebastopol, 824-8191.

[VisitSeb]

Perhaps these facts will help clarify that decision:
-Pasta Bella is not a fast food restaurant.
-Amy’s themselves said their proposal was fast food. This requires a Use Permit (which they did not apply for).
-Amy’s proposal falls under the Zoning Ordinance definition of fast food (counter orders, no table service, disposable containers/utensils, meals consumed in short time period, major take-out).
-Pasta Bella’s take out window is incidental to their primary sit-down meal service; the remote squawk box is not operative.
-If Amy’s wanted to take over Pasta Bella and operate it in the same way as a sit-down restaurant and have incidental take-out, no problem.
-Amy’s proposal involved full drive-through component (same as you would see at a McDonald’s), with major share of business being conducted that way.
-Amy’s proposal included ‘drive-in’ meal service, which is prohibited under the Zoning Ordinance.
-Zoning Ordinance specifically prohibits NEW drive-through and drive-in restaurants. Yes, years ago the City allowed these, but the regs were subsequently changed to disallow.
-the city’s ordinance does not regulate type of food served (fast food is fast food whether organic, meatless, or not).
-The city does not have regulations prohibiting drive-through banking or pharmacies.
-Government rules are required to treat applicants equally (‘equal protection’ under the United States Constitution). The City is not allowed to make judgments about who is a ‘good’ applicant or corporation and who is a ‘bad’ one.
-The City Council did not make this determination; it was initially made by a Planning Director determination; then appealed to the Planning Commission. The Commission supported the Planning Director interpretation by a vote of 6-1. They were sympathetic to Amy’s and encouraged them to modify their proposal to fit the City’s rules. The City is obligated to follow its adopted regulations.
Here's a copy of the full staff report regarding the Planning Commission's hearing and there may be more information available on the city's website.

[dysbtwn]

Seems to me to be a case of, we have lousy rules that are inflexible. Can the City Council change the rules?

-Amy’s proposal included ‘drive-in’ meal service, which is prohibited under the Zoning Ordinance.

Then, how can the Zoning Ordinance be changed? Can the City Council do that?

-Zoning Ordinance specifically prohibits NEW drive-through and drive-in restaurants. Yes, years ago the City allowed these, but the regs were subsequently changed to disallow.

Great, so our town is stuck with drive-through fast food that kills and rejects organic food that's good for you. How about disallowing MacDonalds, Burger King and Taco Bell, if that's now what the town wants.

-The city does not have regulations prohibiting drive-through banking or pharmacies.

Can the city council then create some regulations prohibiting drive through banking and pharmacies, rather than encourage them? What is the difference in drive through banking versus drive through fast food? If there are going to be cars sitting spewing exhaust as people do business, I'd rather them be sitting waiting for organic, vegetarian food, than prescriptions from big pharma.

-The City Council did not make this determination; it was initially made by a Planning Director determination; then appealed to the Planning Commission. The Commission supported the Planning Director interpretation by a vote of 6-1.

Well, good to know, but in my opinion, a short-sighted and bad call on their part.

[Helen Shane]

Support the

Challenge of Approval of the

CVS/Chase Project

by the Sebastopol City Council

Flawed Mitigated Negative Declaration

The Committee for Small Town Sebastopol has petitioned the Sonoma County Superior Court to order the City to either justify its declaration that this project has minimal environmental consequences or to require the developer to do an EIR. California environmental law (CEQA) requires projects expected to have significant environmental impact to be scrutinized with an Environmental Impact Report (EIR). An EIR proposes ways to mitigate significant negative impacts. An EIR reveals to the community pros and cons of proposed new development. The EIR also requires that there be stated alternatives to the project as proposed.

The Committee for Small Town Sebastopol believes that, in the light of developments and proposed developments that will significantly impact levels of traffic, greenhouse gas emissions, and other environmental factors in our community, the City must require an adequate Environmental Impact Report of the CVS/Chase project so that the community can make an informed decision.

John Kramer, Helen Shane, Jane Nielson

for the Committee for Small Town Sebastopol

If you concur, you may do one of three things:

Respond to this message with your name as a supporter of

Committee for Small Town Sebastopol

and/or send check or money order to

Committee for Small Town Sebastopol,c/o Shane 327 Neva Street, Sebastopol, CA 95472

No cash by mail, please.

https://www.pressdemocrat.com/articl...astopol-group-

tohttps://www.armstrongdev.com/california.asp / Once there, click "download our company brochure."

[rossmen]

this is another example of unintended consequences of government regulation. we are stuck with mcd's, bk, and taco barf crap because they were here first while a local successful company trying to challenge the fast food world with organic vegetarian offerings is shut out.

i don't think this is a good thing. the planning folks chickened out because of corporate liability concerns. they demonstrated that this is not how they always operate with the cvs decision, yet the city council corrected them on appeal, most likely for similar reasons.

and to those writing told you so about the nw plan, do you really think the cvs project process would be different with the nw plan in place? seems like it satisfies exsisting and proposed city written guidelines.

Perhaps these facts will help clarify that decision:
-Pasta Bella is not a fast food restaurant.
-Amy’s themselves said their proposal was fast food. This requires a Use Permit (which they did not apply for).
-Amy’s proposal falls under the Zoning Ordinance definition of fast food (counter orders, no table service, disposable containers/utensils, meals consumed in short time period, major take-out).
-Pasta Bella’s take out window is incidental to their primary sit-down meal service; the remote squawk box is not operative.
-If Amy’s wanted to take over Pasta Bella and operate it in the same way as a sit-down restaurant and have incidental take-out, no problem.
-Amy’s proposal involved full drive-through component (same as you would see at a McDonald’s), with major share of business being conducted that way.
-Amy’s proposal included ‘drive-in’ meal service, which is prohibited under the Zoning Ordinance.
-Zoning Ordinance specifically prohibits NEW drive-through and drive-in restaurants. Yes, years ago the City allowed these, but the regs were subsequently changed to disallow.
-the city’s ordinance does not regulate type of food served (fast food is fast food whether organic, meatless, or not).
-The city does not have regulations prohibiting drive-through banking or pharmacies.
-Government rules are required to treat applicants equally (‘equal protection’ under the United States Constitution). The City is not allowed to make judgments about who is a ‘good’ applicant or corporation and who is a ‘bad’ one.
-The City Council did not make this determination; it was initially made by a Planning Director determination; then appealed to the Planning Commission. The Commission supported the Planning Director interpretation by a vote of 6-1. They were sympathetic to Amy’s and encouraged them to modify their proposal to fit the City’s rules. The City is obligated to follow its adopted regulations.
Here's a copy of the full staff report regarding the Planning Commission's hearing and there may be more information available on the city's website.