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HomeMy WebLinkAboutORD 496 2021 1006ORDINANCE NO. 496 AN INTERIM URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING THE EXISTING 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 IN CONNECTION THEREWITH 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. 496 Page 2 C. Goal 3 of the adopted City Council Goals for 2021-2023 establishes a priority to "Place an Emphasis on Economic Development with a Focus on Historic High Street to Enhance a Destination and Sense of Community" and that 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 business 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. 496 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. For the foregoing reasons, and based on all evidence made available to the City Council, on September 1, 2021, the City Council adopted Interim Urgency Ordinance No. 492 to establish an initial 45-day moratorium on formula-based retail business uses on High Street. J. Since the passage of Interim Urgency Ordinance No. 492, City staff undertook measures to alleviate the conditions described above that led the City Council to adopt Interim Urgency Ordinance No. 492. These measures include researching and developing permanent amendments to the Moorpark Zoning Code to codify appropriate limitations on formula-based retail uses, and evaluating whether the Interim Ordinance's ban on formula-based retail business uses on High Street is needed to protect the rural character of High Street. These measures are more fully explained in the report approved for issuance by the City Council on September 15, 2021, pursuant to Government Code Section 65858(d). This report is attached to the October 6, 2021 staff report accompanying this Interim Urgency Ordinance and made a part of the record thereto. K. The City is still undertaking its review of the measures needed to alleviate the conditions that led to the adoption of Interim Urgency Ordinance No. 492. In particular, additional time is needed to evaluate the current uses that fall within the ban, and to research whether additional exemptions or regulations may be appropriate. Accordingly, the City Council is adopting this ordinance to extend the moratorium by an additional 10 months and 15 days, unless terminated sooner by the City Council. Pursuant to Government Code Section 65858(a), the City Council held a duly noticed public hearing prior to adopting this Interim Ordinance. L. 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 extends existing prohibitions on 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 Ordinance No. 496 Page 4 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. "Fa9ade" 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. 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. Ordinance No. 496 Page 5 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 Extended The City of Moorpark hereby extends the current moratorium on formula-based retail businesses on High Street Properties from October 16, 2021 to August 31, 2022. 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. 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 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 August 31, 2022, which is 10 months and 15 days from the expiration of Interim Urgency Ordinance No. 492. Alternatively, the City Council may terminate the Interim Ordinance prior to its expiration date of August 31, 2022 upon the adoption of a permanent ordinance that regulates formula-based retail businesses. 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 Ordinance No. 496 Page 6 urgency ordinance authorized by Government Code Section 65858, and is necessary for the immediate preservation of the public health, safety, and welfare. B. Pursuant to Government Code Section 65858(a), this Interim Ordinance shall be adopted by not less than a four-fifths vote of the City Council and shall be in effect for 10 months and 15 days from October 16, 2021, through and including August 31, 2022. SECTION 8. Severability If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance and shall not affect other provisions of this 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 it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 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 written record of the passage and adoption thereof in the minutes 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 6th day of October, 2021. ATTEST: Ky Spangler, City Clerk Attachment: Exhibit A -High Street Properties Ordinance No. 496 Page 7 SprlngRd Hljf I~ EXHIBIT A -HIGH STREET PROPERTIES ~ alnut lS .IOUJV'l Ordinance No . 496 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 . 496 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of October , 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 6th day of October, 2021. Ky Spangler City Clerk (seal)