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Home My WebLink AboutAGENDA REPORT 2021 0915 CCSA REG ITEM 10ECITY OF MOORPARK,  CALIFORNIA City Council Meeting of September 15, 2021 ACTION APPROVED STAFF RECOMMENDATION. BY B. Garza. E. Consider 10-Day Report Pursuant to Government Code Section 65858(d) on the Measures Taken to Address Formula Retail Businesses on High Street Which Led to the City Council’s Adoption of Interim Urgency Ordinance No. 492. Staff Recommendation: Approve the Report Regarding Ordinance No. 492 Pertaining to the Prohibition of Formula-Based Retail Businesses on High Street. (Staff: Doug Spondello, Interim Community Development Director) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Doug Spondello, AICP, Interim Community Development Director Kevin G. Ennis, City Attorney DATE: 09/15/2021 Regular Meeting SUBJECT: Consider 10-Day Report Pursuant to Government Code Section 65858(d) on the Measures Taken to Address Formula Retail Businesses on High Street Which Led to the City Council’s Adoption of Interim Urgency Ordinance No. 492 BACKGROUND AND DISCUSSION On September 1, 2021, the Moorpark City Council enacted an Interim Urgency Ordinance (Ordinance No. 492), pursuant to Government Code Sections 65858, 36934, and 36937, to impose a moratorium on new formula-based retail businesses (also known as chain stores) on High Street. The City Council directed staff to schedule and notice a public hearing for October 6, 2021, to consider extending the Interim Ordinance for an additional 10 months and 15 days (through and including August 31, 2022). This extension is necessary to allow staff time to research and evaluate proposed permanent changes to the zoning ordinance. Absent any additional action, the Interim Ordinance would expire after 45 days (October 16, 2021). Government Code 66858(d) states that, “ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.” The attached report describes the measures taken to alleviate the conditions which led to the adoption of the interim ordinance. FISCAL IMPACT There are no fiscal impacts associated with this action. Item: 10.E. 30 Honorable City Council 09/15/2021 Regular Meeting Page 2 COUNCIL GOAL COMPLIANCE This action is consistent with City Council Strategy 3 (Economic Development), Goal 3 (3.3): “Place an emphasis on economic development with a focus on historic High Street to enhance a destination and sense of community.” STAFF RECOMMENDATION Approve the Report Regarding Ordinance No. 492 Pertaining to the Prohibition of Formula-Based Retail Businesses on High Street. Attachment: Report Regarding Ordinance No. 492 Pertaining to the Prohibition of Formula-Based Retail Businesses on High Street 31 REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY OF MOORPARK TO ENACT INTERIM URGENCY ORDINANCE NO. 492 ON SEPTEMBER 1, 2021 TO IMPOSE A MORATORIUM ON NEW FORMULA-BASED RETAIL BUSINESSES ON HIGH STREET ISSUED BY THE CITY COUNCIL OF THE CITY OF MOORPARK ON SEPTEMBER 15, 2021 PURSUANT TO GOVERNMENT CODE SECTIONS 65858(d), 36934, AND 36937 Background: On September 1, 2021, pursuant to Government Code Sections 65858, 36934, and 36937, the Moorpark City Council enacted Interim Urgency Ordinance No. 492 to impose a moratorium on new formula-based retail businesses (also known as chain stores) on High Street. Absent any additional action, the Interim Urgency Ordinance will expire after 45 days (October 16, 2021). However, staff anticipates additional time will be necessary to thoroughly research and evaluate a permanent, non-urgency ordinance establishing permanent zoning and other regulations on formula retail business uses along High Street, including time to hold noticed public hearings of any proposed permanent regulations before the Planning Commission and City Council. City staff has therefore scheduled and will notice a City Council public hearing for October 6, 2021, to extend the Interim Urgency Ordinance from October 16, 2021 for an additional 10 months and 15 days, through and including August 31, 2022. Reasons for 45-Day Interim Ordinance and Its Extension: The 45-Day Interim Ordinance was prepared by staff after the City Council’s July 7, 2021 direction to address an increased interest in new development along High Street, where the City wishes to create and preserve a supportive environment for independent small businesses and protect the unique rural character of downtown. Notably, there were no restrictions to restrict the establishment of formula-based uses in downtown (or any other part of the City). As discussed in the September 1, 2021 staff report, there have been several significant developments and new uses proposed downtown since 2018, including the following projects: •HIGH STREET DEPOT (266 High Street) – A proposed mixed use development including 79 residential units, approximately 15,000 square feet of ground-floor commercial uses, as well as a central community green space. This project was approved by the City Council in October 2020. •313 HIGH STREET – A request to construct an outdoor bar and food venue with on-site consumption of alcoholic beverages, three food and beverage service stations, and a 1,205 square-foot, two-story office building. The existing businesses (Boba Cuz, Luna Llena, and Famous Taco Bar Catering) would remain on-site. Conditional Use Permit No. 2021-05 associated with this project is currently being refined by the applicant. ATTACHMENT 32 Ten-Day Report re: Formula Retail Moratorium - Ordinance No. 492 Page 2 • M ON HIGH (225 High Street) – A request to operate a restaurant with outdoor dining, entertainment, and the on-site service of alcohol. Conditional Use Permit No. 2019-05 associated with this project was approved by the Planning Commission in October 2019. • 11 HIGH STREET – A proposed 1,584 square-foot restaurant with on-site service of beer and wine within an existing 4,194 square-foot building located at the northeast corner of High Street and Moorpark Avenue. Conditional Use Permit No. 2019-06 associated with this project was approved by the Planning Commission in February 2020. • 233 HIGH STREET – A request to renovate the interior floor space to enhance the building and accommodate a potential food tenant. The request also includes the addition of a new entrance and outdoor seating area along the west of the building, along with a trash enclosure and associated site improvements. A building permit was approved for this project and construction is currently underway. • HI-TECH AUTO AND TIRE CENTER (13816 Princeton Avenue) – Demolition of an existing 2,300 square-foot auto sales building and redevelopment with a new, 6,186 square foot, auto repair shop and associated site improvements. Commercial Planned Development Permit No. 2020-01 and Conditional Use Permit No. 2020- 04 associated with this project were approved by the City Council on July 7, 2021. • LUCKY FOOLS EXPANSION (79 and 95 High Street) – A proposed interior 1,750 square-foot expansion of Lucky Fools into the adjacent tenant space immediately to the east in order to provide a venue for special events. Building permits are currently under review and a permit adjustment (planning permit) will be required. • FARMERS MARKET (City Hall Parking Lot – 799 Moorpark Avenue) – In April 2021, staff approved Temporary Use Permit No. 2021-05 to allow the operation of a farmers market every Sunday between 9:00 a.m. and 2:00 p.m. in the parking lot at City Hall. • METROLINK PARKING LOT IMPROVEMENTS – City-funded improvements to the north and south Metrolink parking lots including adding an additional driveway entrance into the south lot, rebuilding/expanding the north parking lot. The north lot improvements along High Street will also include enhanced signage, bus shelter, lighting, and special design features that are consistent with those proposed for the adjacent High Street Depot development project. This interest creates a greater potential for downtown to attract chain stores and other formula-based establishments that may compromise the unique character and mix of uses downtown. 33 Ten-Day Report re: Formula Retail Moratorium - Ordinance No. 492 Page 3 Based on these and other concerns expressed by the public and described in the staff report for the September 1, 2021 City Council meeting, the City Council adopted Interim Ordinance No. 492 to impose a moratorium on new formula-based retail businesses on High Street. Measures Taken to Alleviate the Conditions Which Led to the Adoption of the Ordinance: •City staff has begun researching permanent amendments to the Municipal Code to codify the moratorium’s prohibitions on formula-based business uses in the limited area of High Street. •City staff is also researching whether the Interim Ordinance’s ban on formula retail business uses on High Street is needed to protect the rural character of High Street. Staff will be evaluating the current uses that fall within the ban, considering whether additional exemptions for establishing certain new formula uses may be appropriate, and coordinating with applicable City consultants to prepare propose new regulations. •City staff will present any proposed regulations through regular City processes, including noticed public hearings before both the Planning Commission and City Council. •Assuming the City Council elects to extend the Interim Urgency Ordinance, and thereafter, amendments to the Moorpark Municipal Code were to be approved by the City Council, staff would at that time recommend rescinding the Interim Urgency Ordinance upon the effective date of the new regulations prior to August 31, 2022. 34