A note from Helen Shane…
Small Town Sebastopol
settles with CVS
|
Initial proposal by CVS for the Pete's corner. |
SEBASTOPOL, CA, July 1, 2014 – Helen Shane, for the
Committee for Small Town Sebastopol announced today that it has settled its
CEQA suit against CVS. Simultaneously, CVS and the city of Sebastopol have
reached a tentative settlement yet to be vetted by the City Council.
Shane said this will be a far better project than was
applied for three years ago.
The CVS project was issued a Mitigated Negative Declaration
on July 5, 2011 by the Sebastopol City Council. It would have allowed CVS to
proceed with the project without an Environmental Impact Study.
On August 8, 2011, the Committee for Small Town Sebastopol
(STS) led by the late John Kramer and Helen Shane, filed a CEQA suit that
charged that the MND was based on a flawed, inadequate traffic study.
In 2012, the City levied a moratorium on new drive-throughs.
Then CVS filed a suit against the City, claiming that the moratorium violated
its civil rights. On the STS CEQA suit,
CVS asked for and got 16 extensions on the legal prosecution of the case, which
dragged on until the present.
In May of this year, CVS announced that it wished to settle
both the drive-through moratorium suit and the STS CEQA suit. Discussions to
negotiate settlement of both cases began. City officials, Shane and Nancy
Dobbs, John Kramer’s widow, attended meetings with CVS attorneys and officers.
The terms of the settlement call for the development project
to move forward with the following changes:
· There will be
no drive-through or exterior pick-up window anywhere on the project
· There will be
no vehicle access or egress from the site via left turns onto or from
Sebastopol Avenue. No left turns will be permitted onto or from the site onto
Petaluma Avenue should it become a two-way street in the future
· CVS will pay
the City and Small Town Sebastopol a total of $150,000 to be used for a traffic
signal synchronization study and implementation of a program to mitigate
traffic impacts, and to pay Small Town Sebastopol’s legal fees for the
litigation
· CVS will
parcelize the property into five parcels, but will occupy only one, which will
be built as a two-story structure, with solar installed on all buildings
· CVS will set
back its building at the corner of Sebastopol Avenue (Hwy 12) and Petaluma Ave
(Hwy 116).
· CVS signage
will be discreet.
Shane said, “Members
of the Sebastopol Community attended meeting after meeting over the years,
concerned with the traffic impact CVS would have, trying to dominate our
crossroads; we didn’t want our town to be known as CVS-ville. Small Town
Sebastopol continually updated these more than 700 people via email. Their
enthusiastic responses validated the need and desire of the community to oppose
the project, and to pursue the CEQA suit. We collected more than $25,000 in
contributions ranging from $7 to $3,000, from individuals who deplored the
impact it would have on traffic and our town. From the get-go, Small Town
Sebastopol knew that if preventing the building of the typical car-centric in
and out CVS were not possible, the corporate decreed design must be changed and
access to and from the project could not be allowed to further interfere with
through traffic at that critical intersection. Dozens of community members
communicated to CalTrans their opposition to the project and the state agency
did not approve CVS’ request to allow left turns into and out of the site. “
“We feel this settlement has resulted in a project that is
far superior to the one in the initial application. It would have been
inappropriate and not what we wanted at one of the major gateways of our small
town.”
"John Kramer was diagnosed in the summer of 2013 with
brain cancer. He told me to stay the course.
He died on February 26 of this year. Without him, at times, it got very
scary. Then I’d think ‘what would John do?’
That carried me through to this time of resolution. I think now John
would say ‘okay, let’s do this and move on. ‘ Margaret Mead was right. ‘Never
doubt that a small group of thoughtful, committed citizens can change the
world; indeed, it's the only thing that ever has.”