Loading...
HomeMy WebLinkAboutORD 492 2021 0901ORDINANCE NO. 492 AN INTERIM URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING A MORATORIUM ON NEW FORMULA BASED RETAIL BUSINESSES ON HIGH STREET, DECLARING THE URGENCY THEREOF AND THE IMMEDIATE EFFECTIVENESS OF THIS ORDINANCE PURSUANT TO GOVERNMENT CODE SECTIONS 65858, 36934 AND 36937, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. The City Council desires to provide for the public safety, health and welfare of the residents and visitors to the City of Moorpark ("City") by exercising its police power authority under Section 7 of Article XI of the California Constitution. Based on the findings and evidence set forth below, the City Council finds that the establishment of formula based retail businesses along High Street in the City would be contrary to the character and history of the commercial and public uses on that street, would impair the goals and purpose of the Downtown Specific Plan as it pertains to High Street, and thereby alter and potentially threaten the long-term economic vitality of this street and neighborhood. B. High Street has earned widespread recognition for its old town character that makes this portion of Moorpark unique. Some of the elements that already make the street unique include historic buildings, buildings that utilize architecture typical to Moorpark's early agricultural days, and other amenities. For example, High Street is lined with California Pepper trees that are classified as Ventura County Historic Landmark No. 72 and protected by the City. Streetlights and other features along High Street have an enhanced, traditional design. The City has plans to incorporate other design elements such as hardscape and street furniture that are compatible with the current style of the architecture and history of the street. Due to this unique architectural design and development, this portion of Moorpark has been recognized by the community as an important resource by which the City can maintain its small town character but also build on that history to create a one of a kind experience for Moorpark visitors and consumers. High Street has already drawn recognition in local and regional press descriptions and is frequently captured and used in films and other media productions because of this unique character. Preserving and enhancing the economic health and unique appeal of the High Street's distinctive business offerings and attracting others is vital to the ongoing preservation and enhancement of the City, as well as the needs of its residents and visitors. Ordinance No. 492 Page 2 C. Goal 3 of the adopted City Council Goals for 2021-2023 establishes a priority for an emphasis on economic development with a focus on High Street to enhance this unique location as a destination and sense of community and this action is in support of that goal and the defined objectives related thereto. D. The City Council finds that maintaining a strong and diverse retail base, is critical to the success of its economy, but that not every commercial area of the City needs to look, feel and provide the same commercial experience as the others. The City recognizes that this diversity can be enhanced by a healthy blend of unique and familiar businesses which provide diverse retail opportunities for visitors and residents alike and by having different commercial uses in different portions of the City. As stated in its Land Use Element, the City prioritizes the maintenance of its suburban rural community character. Further, the City is committed to the continued revitalization of its downtown area as outlined in Goal 9 of the General Plan Land Use Element. E. The City Council further finds that there is a current and immediate threat to the public welfare presented by the establishment of formula based retail businesses on High Street that threaten to degrade High Street's unique economic balance and consumer experience. At present, a number of vacant storefronts exist along High Street that, under the City's current regulations, may be occupied by formula based retail businesses without discretionary review of the use by the City. The City seeks to avoid the proliferation of formula based uses on High Street that result in an overwhelming sense of sameness and familiarity. Instead, the City desires to encourage land uses and business elements that promote variety and charm while still leaving opportunities open for all when viewed in the context of the entirety of Moorpark's commercially zoned properties and areas. F. Allowing formula based retail businesses, without a thoughtful, careful and adequate local regulatory framework in place as to where these uses may and may not locate in Moorpark, will not adequately protect the public's welfare. As such, if the City fails to enact this moratorium, formula based retail establishments would be likely to locate on High Street and thus change the important character of this street, eliminate and degrade this special area of the City's commercial base, and thereby pose an immediate threat to the public safety, health and welfare. G. The City finds that the public welfare will be harmed without studying and evaluating the impacts associated with formula based retail as it would impact other current and future businesses and uses on High Street. Moorpark desires to welcome a mix of businesses to the City overall while maintaining the unique small-town feel and independent commercial character of the older, downtown area along High Street. The land uses and businesses on High Street are comprised of a conglomerate of styles, character, and images that are historically based. Maintaining these community characteristics on High Street creates a distinct consumer experience. While 2.5 percent or approximately 189 acres of Moorpark's total land area is zoned for commercial use, historic High Street is the only portion of the City where the City desires to limit retail offerings to those that are distinctly local. Ordinance No. 492 Page 3 H. Moreover, precluding formula based retail businesses from operating on High Street will not preclude these businesses from locating and operating in Moorpark. Moorpark has many other commercial centers and properties, particularly along and near Los Angeles Avenue, in the heart of the City, that provide multiple options for the establishment of formula based retail businesses. Thus, even with this moratorium, formula based businesses will be able to locate and operate in many other commercial areas of the City. I. The City Council finds that this Interim Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061 (c)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) and 15378 (the activity is not a project under CEQA) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. This is because the moratorium adopted by this Interim Ordinance merely prohibits uses that have significant impacts on public health, safety and welfare, and does not permit any development that could result in a significant change to the environment. Furthermore, the moratorium established by this Interim Ordinance is temporary pending the study and investigation of regulatory tools to address the impacts created by formula based retail. In addition, the Interim Ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines, because this ordinance is a regulatory action taken by the City in accordance with California Government Code Section 65858 to assure maintenance and protection of the environment pending further review of the potential impacts of formula based retail in the City and completion of contemplated Zoning Ordinance revisions. SECTION 2. Definitions A. "Array of merchandise or menu" means 50 percent or more of in-stock merchandise or menu items. B. "Color scheme" means the selection of colors used throughout, such as on the furnishings, wall coverings, or as used on the facade. Standardized lighting is considered part of the color scheme. C. "Decor" means the style of interior finishes such as the style of furniture, wall coverings, or permanent fixtures. D. "Facade" means the face of the front of a building or tenant space oriented onto a street or public open space. Awnings are considered part of the facade. E. "Formula based retail business" means any type of retail sales activity and/or retail service activity conducted within a retail establishment which, along with five or more existing operational retail establishments in the world, maintains two or more of the following features: 1) standardized array of merchandise or menu; 2) standardized color scheme; 3) standardized decor; 4) standardized fa9ade; 5) standardized layout; 6) standardized signage, servicemark, or trademark; or 7) uniform apparel. Ordinance No. 492 Page4 F. "Layout" means the interior arrangement of furniture, service area, or permanent fixtures. G. "Servicemark" means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of a service from one party from those of others. H. "Trademark" means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of the goods from one party from those of others. I. "Uniform apparel" means standardized items of clothing such as aprons, pants, shirts, dresses, hats and pins (other than name tags), as well as standardized colors of clothing. J. "Retail establishment" means a commercial establishment that provides goods and/or services directly or indirectly to the consumer such as general retail, eating and drinking places, beauty, personal services, professional office, amusement, health, fitness and galleries. K. "High Street Properties" means lots or parcels of land that have a front or side yard abutting High Street in the City of Moorpark, from the westerly terminus of High Street west of Moorpark Avenue to 500 feet east of the intersection of Princeton Avenue and Spring Road, as depicted in Exhibit A to this Ordinance. SECTION 3. Moratorium Established; Exceptions A. The City of Moorpark hereby establishes a moratorium on new formula based retail businesses on High Street Properties. Formula based retail businesses shall constitute a prohibited use on High Street Properties under Title 17 of the Moorpark Municipal Code and no building permit, business regulatory permit, zoning clearance, or other entitlement may be issued for the purposes of authorizing such use. B. Notwithstanding subsection A, the moratorium shall not apply to any of the following: 1. Formula based retail businesses that are legally in operation on the date of adoption of this Ordinance, as demonstrated by an approved Business Registration Permit issued by the City of Moorpark. 2. Any formula based business for which all necessary discretionary approvals have been granted and for which all applicable entitlements have been issued before the close of business on the day this Ordinance takes effect. SECTION 4. Penalty A violation of any provision of this Interim Ordinance shall constitute a violation of the Municipal Code and is subject to all applicable penalties, fines, and remedies described in Chapter 1.10 of the Moorpark Municipal Code. Each and every day a Ordinance No. 492 Page 5 violation of this Interim Ordinance exists shall constitute a separate and distinct violation of the Municipal Code. SECTION 5. Term of Moratorium This Interim Ordinance shall expire, and the moratorium established hereby shall terminate on October 16, 2021, which is 45 days after the date of adoption, unless extended by the City Council at a noticed public hearing pursuant to California Government Code Section 65858. Alternatively, the City Council may terminate the Interim Ordinance prior to its expiration date of October 16, 2021, upon the adoption of a permanent ordinance that regulates formula based retail. SECTION 6. Investigation and Report During Term of Moratorium During the term of this Interim Ordinance, the Community Development Director is directed to continue studying appropriate regulatory tools to mitigate the conditions outlined in Section 1 that arise out of the establishment of formula based retail businesses on High Street Properties, including but not limited to the prohibition of all such uses. The Community Development Director is further directed to report back to the City Council with his or her findings and a proposed ordinance to implement the recommended course of action. SECTION 7. Effective Date; Findings of Urgency; and Duration A. This Interim Ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 65858, 36934 and 36937, and shall take effect immediately upon its adoption. Based upon the findings set forth in Section 1 above, the City Council finds and determines that the adoption of this Interim Ordinance is an urgency ordinance authorized by Government Code Section 65858, and is necessary for the immediate preservation of the public health, safety, and welfare. B. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the Interim Ordinance for either 10 months and 15 days (so as to have the moratorium remain in effect for a full one-year period) or up to 22 months and 15 days (for a full two-year period), if necessary. The Community Development Director and the City Clerk's Office shall undertake all actions legally necessary to extend this Interim Ordinance in the event the studies and reports desired by the City Council will not be concluded on or before the 45th day subsequent to the adoption of this Interim Ordinance. SECTION 8. Severability If any provision of this Interim Ordinance, the application thereof to any person or circumstance, or the moratorium on formula based retail, such invalidity shall not affect other provisions, moratoria, or applications of this Interim Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Interim Ordinance irrespective of the invalidity of any particular portion thereof. Ordinance No. 492 Page 6 SECTION 9 . Publication The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 1st day of September, 2021. ATTEST: Ordinance No. 492 Page 7 "' l "' ,. ii [ 01 g .,. _, 0 ~ ~ ;. () I '.)I. ,. "' a ;;; {:J '.ii." "' ' "' .,. ,. ~ .. !l ii . .... II f.1l IS) 0) ::l' 0 CX> ..... N 0 ..... N 0 N ... • > t EXHIBIT A -HIGH STREET PROPERTIES T rr, r,r, 1 ai\\fW)WtlO _ I · . 1· L j I McFa dd~-"' e 1 l l 1 ,. ' 1 I I ,. J l I · Moofl)a ¼ve LI I 1$PJ88 I ..J 11 0 '17 1SPJOtl!W ~. ~ r ~ t> "' ~ & ';{/ ~arrySt Spring Rd ill s t 1$J0Uj~ Ordinance No. 492 Page 8 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss . I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 492 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1st day of September, 2021 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Castro, Enegren, Pollock and Mayor Parvin None Councilmember Groff None WITNESS my hand and the official seal of said City this 1st day of September, 2021. City Clerk (seal)