Council says yes, no to 45-day ban on chain stores

FORT BRAGG >> The Fort Bragg City Council gave mixed signals to business developers Monday evening, as it agreed to a 45-day ban on certain types of businesses in inland-zoned areas, but was not able to muster enough votes to pass a similar moratorium over the city’s coastal zones.

The council met Monday evening to discuss, among other issues, a double, 45-day ban on applications and permits on what are known as “Formula Businesses.” A Formula Business is defined as a type of retail sales establishment, restaurant, tavern, bar, or food business that is under common control or is a franchise.

The city is currently processing two planning applications for projects that meet the definition of a Formula Business: A Grocery Outlet and a Dollar General. The application for the Grocery Outlet is currently undergoing a Planning Commission review, while the Dollar General is under an Environmental Committee Review.

City staff reported that without the 45-day ban, both projects will likely be issued entitlements soon.

Most recently, in January 2020, the city denied an application by AutoZone for a location south of town, in a coastal zone.

At Monday’s meeting, the City Council needed to approve with four-fifths of the vote to adopt two separate ordinances, a 45-day moratorium on inland zoning areas and the same moratorium on the coastal zone. That’s because the two applications in question are in two different zones, with the Dollar General in the inland zone at 251 S. Franklin St., and Grocery Outlet in the coastal zone at 851 S. Franklin St.

“Let’s just forget about who’s applying at this point,” Councilor Lindy Peters said. “We’re trying to create a Formula Business ordinance that is going to be applicable to anybody and everybody that comes through the process, and should apply to everybody the same.”

The City Council previously discussed regulating Formula

Businesses in October 2019 and again in February 2020. At that time, councilors directed staff to bring the matter to the Planning Commission to draft an ordinance that would apply to the inland zoning area of the city and then bring that back to the council for adoption.

However, the ordinance was delayed by the COVID-19 pandemic, staffing reductions and staff turnover in the Community Development Department. In Oct. 2020, the Planning Commission began working on developing a complete ordinance and city staff stated they expect a final ordinance will be presented to the city by June.

“I understand the need for policy and I support it but all of the city councils have had the opportunity to do this for years. It’s not the developer’s fault,” said Mayor Norvell. “I think it’s bad business and government at its worst to do something without an end date to it.”

Norvell said he was particularly opposed to making the ordinance retroactive.

Vice mayor Morsell-Haye said the ordinance discussions have been going on for at least a year and a half, and that the applicants came into the process knowing that.

“We already laid the groundwork before they walked into this,” she said.

Peters moved to place a moratorium on the inland zoning area, seconded by Councilor Tess Albin-Smith; the motion passed 4-1, with Norvell voting against. The council will be able to extend the moratorium up to two years if it so decides at the end of the 45 days, and likely will.

Mayor Norvell then recused himself from the next item, which did not relieve the remaining councilors of the necessary four-fifths vote requirement to pass.

After some discussion, Councilor Albin-Smith moved to accept the moratorium on the coastal zoning area and Peters seconded; however, Councilor Macia Rafanan said she believed the Coastal Commission was hard enough to get through, and she did not want to construct further hurdles to the Grocery Outlet project. The vote did not pass, 3-1, with Norvell’s abstention.

Council discusses futher business

In her report to council, City Manager Tabatha Miller reported that the city reopened its City Hall lobby as of April 13, and the Fort Bragg Police Station lobby will also be reopened next week. Miller also said the city is attempting to set up a “Cannabis Workshop,” in preparation for putting together an ordinance. That will probably be held May 3.

Additionally, the community garden has broken ground at C.V. Starr, and the group may invoice the city for some unexpected costs, to be taken out of the $5,000 set aside by the city for that project, she said. Miller also suggested that there may be a water emergency this summer due to the drought, and suggested that residents begin to take their water usage into consideration sooner rather than later.

The May 10 City Council meeting will also be the city’s first in-person meeting since July 2020. (The city held an in-person meeting to discuss and take comment on a possible name change. Before that, the city had not met since March 2020.) Miller said the meetings will still be hybrids of online and in-person participation. Seating will be limited, and more information will be made available soon.

The city also heard a report by staff on the issue of feeding wildlife, including ravens and ground squirrels, which has negative impacts on the environment and public health, and has the potential to be a public safety hazard.

The Mendocino Coast Audubon Society reported that it has conducted nearly 500 surveys on Glass Beach over the last 14 years, and have noted a marked increase in the number of ravens over the last three years. The Society states that it believes this is the direct result of humans feeding wildlife and the club expressed its interest in working with the city to support any measures that will curtail such activities.

On the city’s consent calendar, items included continuing a state of emergency due to the COVID-19 pandemic, and the adoption of an amendment to the agreement between the city and the law firm of Jones & Mayer for legal services to the city; Scott Porter will now serve as Assistant City Attorney, Assistant District General Counsel and Assistant Agency General Counsel.

Additionally, in his remarks at the beginning of the meeting, Mayor Norvell issued and read a city proclamation stating the city’s stance against antiAsian racism and xenophobia. The council also heard a presentation by John Wallace of Marin County and his project, “Surviving the Odds,” which seeks to empower disadvantaged youth through music and self-expression.

The next Fort Bragg City Council meeting will be held at 6 p.m. on April 26 via virtual web host. For more information, visit the city’s website at city.fortbragg.com.

Contact reporter Robin Epley at 707.969.6091.