HomeMy WebLinkAboutAGENDA REPORT 2021 1006 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 6, 2021
ACTION APPROVED STAFF
RECOMMENDATION INCLUDING
ADOPTION OF URGENCY ORDINANCE
NO. 496. (ROLL CALL VOTE: 4:0,
COUNCILMEMBER GROFF ABSENT).
BY B. Garza.
A. Consider Interim Urgency Ordinance to Extend the Existing Moratorium on New
Formula-Based Retail Businesses on High Street for an Additional 10 Months and
15 Days, Declaring the Urgency Thereof and the Immediate Effectiveness of the
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. Staff Recommendation: 1) Conduct the public
hearing on the proposed 10-month and 15-day extension of the moratorium on
new formula-based retail businesses on High Street; 2) Waive full reading and
adopt Urgency Ordinance No. 496 as read by title only. (REQUIRES A ROLL CALL
VOTE AND A 4/5THS VOTE OF THE CITY COUNCIL TO ADOPT); and 3) Direct
City staff to prepare a written report of the steps taken to address the impacts of
new formula-based retail businesses on High Street and have that report
presented at least 10 days before the expiration date of the Interim Urgency
Ordinance. (Staff: Doug Spondello, Planning Manager)
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Doug Spondello, AICP, Planning Manager
Kevin G. Ennis, City Attorney
DATE: 10/06/2021 Regular Meeting
SUBJECT: Consider Interim Urgency Ordinance to Extend the Existing
Moratorium on New Formula-Based Retail Businesses on High
Street for an Additional 10 Months and 15 Days, Declaring the
Urgency Thereof and the Immediate Effectiveness of the
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
SUMMARY
On September 1, 2021, the City Council adopted Interim Urgency Ordinance No. 492 to
impose a temporary, 45-day moratorium on new formula-based retail businesses on High
Street. During the moratorium, the City will not issue zoning permits, building permits, land
use entitlements and business registration permits for any of this activity within the City of
Moorpark.
The initial 45-day term of Interim Urgency Ordinance No. 492 is scheduled to expire on
October 16, 2021. In order to extend the moratorium on new formula-based retail
businesses on High Street, the City Council must hold a public hearing and adopt a new
interim urgency ordinance to extend the moratorium for an additional 10 months and 15
days from October 16, 2021, through and including August 31, 2022.
BACKGROUND
On July 7, 2021, the City Council directed staff to prepare an urgency ordinance prohibiting
the establishment of formula-based retail businesses (also known as chain stores) along High
Street. In reaching this decision, the Council discussed the increased interest in new
development along High Street and a desire to maintain the rural character of downtown.
Formula-based retail restrictions have been utilized by a number of communities, including the
cities of Malibu, Ojai, and San Francisco. These regulations are designed to create and
preserve a supportive environment for independent small businesses and protect community
character. As discussed in the subsequent September 1, 2021 staff report, Moorpark did not
have any special regulations that restricted the establishment of formula-based uses
Item: 8.A.
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downtown or anywhere else within Moorpark. At the same time, several significant
developments and new uses have been proposed downtown in recent years. The increased
interest created 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.
In an effort to prevent the establishment of formula-based retail businesses that threaten to
degrade High Street’s unique economic balance and consumer experience, on September
1, 2021, the City Council adopted Interim Urgency Ordinance No. 492 to temporarily
prohibit new formula-based retail businesses on High Street. Pursuant to Government
Code Section 65858, the initial moratorium established by Interim Urgency Ordinance No.
492 is scheduled to expire 45-days after its adoption, on October 16, 2021.
The additional time would allow staff to continue thoroughly researching and evaluating
zoning and other potential regulations for formula retail business uses along High Street
and to prepare a permanent ordinance to codify those regulations.
At its Regular meeting on September 15, 2021, the City Council adopted a report that
briefly explains the reasons why the moratorium on new formula-based retail businesses on
High Street was adopted and the measures taken to alleviate the conditions which led to
the adoption of Urgency Ordinance No. 492. Pursuant to Government Code Section
65858(d), this report must be adopted 10 days prior to any extension of an existing land
use moratorium. A copy of the 10-day report adopted by the City Council is also attached
to the staff report.
DISCUSSION
Interim Urgency Ordinance No. 492 defines formula-based retail business as those that
operate five or more existing establishments in the world and which also maintain two or more
of the following features: 1) standardized array of merchandise or menu; 2) standardized color
scheme; 3) standardized décor; 4) standardized façade; 5) standardized layout; 6)
standardized signage, servicemark, or trademark; or 7) uniform apparel. The ordinance
includes clear definitions for each of these terms and criteria.
New businesses meeting these criteria are prohibited from operating along High Street and
500 feet east of the intersection of High Street/Princeton Avenue and Spring Road as long as
the moratorium is in-place. The Ordinance only restricts formula-based retail businesses
within this defined area. No restrictions on these types of businesses are currently proposed
or planned elsewhere within the City. Formula-based retail businesses are therefore not
being precluded from operating in other areas of the City under Interim Urgency Ordinance
No. 492. The proposed extension of the Interim Urgency Ordinance maintains this status quo.
The extension of the Interim Urgency Ordinance is needed to provide City staff with
additional time to study appropriate regulatory tools to create and preserve a supportive
environment for independent small businesses and protect community character, including a
permanent prohibition on new formula-based retail businesses on High Street during the
moratorium period. City staff is preparing an ordinance to implement those tools and
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present them for consideration by the community, Planning Commission, and City Council.
INTERIM ORDINANCE PROCEDURES
California law authorizes municipalities to adopt “interim” ordinances that place an
immediate moratorium on the establishment of specified new activities and uses in the City.
California Government Code Section 65858 provides for the procedures and requirements
for the adoption of an “interim” ordinance.
Section 65858 provides that, without following normal zoning code ordinance adoption
procedures, a city council may, in order to protect the public health, safety, and welfare of
the community, adopt as an urgency measure an “interim ordinance” prohibiting any uses
that may be in conflict with a contemplated general plan, specific plan, or zoning proposal
that the City Council, Planning Commission or Planning Department is considering or
studying for adoption within a reasonable time.
Section 65858 provides that a city council cannot adopt an interim ordinance unless the
ordinance contains legislative findings that there is a current and immediate threat to the
public health, safety, or welfare, and that the approval of additional entitlements for a
specific use or uses would result in a threat to the public health, safety, or welfare.
Interim Urgency Ordinance No. 492 is scheduled to expire after an initial 45-day period
(until October 16, 2021). As proposed here, the City Council may extend the Interim
Ordinance by an additional 10 months and 15 days by the adoption of an additional
urgency ordinance. The City Council must conduct a noticed public hearing prior to
extending the Interim Urgency Ordinance. The proposed extension also requires a four-
fifths vote for adoption.
On September 15, 2021, in accordance with Government Code Section 65858(d), the City
Council adopted a written report which describes the measure taken by the City to alleviate
the conditions that led to the adoption of the Ordinance. This written report was required to
be issued by the City Council at least 10 days prior to extension of the Interim Urgency
Ordinance.
Finally, if the City has not been able to enact permanent zoning regulations during that
extension period, the law allows for one additional one-year extension, for a total
cumulative duration of the interim restrictions of two years.
Concurrent with the interim ordinance process, City staff has begun the process of
preparing permanent zoning and other regulations for council consideration. Once
adopted, applications for zoning permits, building permits, land use entitlements and
business registration permits will be processed through the normal zoning ordinance
adoption process. The process to adopt new zoning regulations will include a noticed
public hearing before the Planning Commission, the Planning Commission’s adoption of a
resolution making recommendations on the proposed text of a permanent ordinance to the
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City Council, a noticed public hearing before the City Council and the regular two reading
processing for adoption of a non-urgency ordinance by the City Council. Given the current
projects underway within the Community Development Department, staff anticipates that
the research and preparation of a permanent formula retail ordinance could be completed
within seven months.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
This extension of the Interim Ordinance is exempt from review under the California
Environmental Quality Act (CEQA) on several grounds.
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 this action 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 may have impacts on public
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.
This Interim Ordinance is categorically exempt from CEQA, under Section 15308 of the
State 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.
In addition, this Interim Ordinance is not a “project” within the meaning of Section 15378 of
the State CEQA Guidelines, because it has no potential to result in a direct physical change
in the environment, and it has no potential to result in any reasonably foreseeable indirect
physical change in the environment. The Interim Ordinance merely prohibits uses that may
have impacts on public 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.
Finally, this Interim Ordinance is exempt from CEQA review pursuant to Section
15061(b)(3) of the State CEQA Guidelines. This Interim Ordinance is covered by the
general rule that CEQA applies only to projects that have the potential to cause a
significant effect on the environment. Because the Interim Ordinance will extend a
moratorium on new formula-based retail businesses on High Street, it can be seen with
certainty that there is no possibility that this Ordinance will have a significant effect on the
environment, and therefore, this Interim Ordinance is not subject to CEQA.
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FISCAL IMPACT
There is no fiscal impact associated with this action.
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 (ROLL CALL VOTE REQUIRED)
1) Conduct the public hearing on the proposed 10-month and 15-day extension of the
moratorium on new formula-based retail businesses on High Street;
2) Waive full reading and adopt Urgency Ordinance No. ___ as read by title only.
(REQUIRES A ROLL CALL VOTE AND A 4/5THS VOTE OF THE CITY COUNCIL
TO ADOPT); and
3) Direct City staff to prepare a written report of the steps taken to address the impacts
of new formula-based retail businesses on High Street and have that report
presented at least 10 days before the expiration date of the Interim Urgency
Ordinance.
Attachments:
1. Draft Urgency Ordinance to Extend Moratorium
2. 10-Day Report (Urgency Ordinance No. 492, Considered September 15, 2021)
3. September 1, 2021 Staff Report on Moratorium
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ORDINANCE NO. ___
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
ATTACHMENT 1
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preservation and enhancement of the City, as well as the needs of its residents and
visitors.
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
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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.
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
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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
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. “Décor” means the style of interior finishes such as the style of furniture,
wall coverings, or permanent fixtures.
D. “Façade” 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 décor; 4) standardized façade; 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.
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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 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.
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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. 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.
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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.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
Attachment: Exhibit A - High Street Properties
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EXHIBIT A – HIGH STREET PROPERTIES
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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 2
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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.
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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.
16
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Doug Spondello, AICP, Interim Community Development Director
Kevin G. Ennis, City Attorney
DATE: 09/01/2021 Regular Meeting
SUBJECT: Consider Adoption on an Urgency Ordinance 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 in
Association Therewith
INTRODUCTION
Staff has prepared a draft urgency ordinance (Attachment 1) to impose a moratorium on
new formula based retail businesses (also known as chain stores) on High Street. The
proposed urgency ordinance would prohibit issuance of zoning permits, building
permits, land use entitlements and business registration permits for any business
meeting the defined criteria for formula based retail within a defined area along High
Street area for an initial 45-day period. If this urgency ordinance is adopted, City staff
will take other necessary actions required by state law to permit the City Council to
extend that moratorium for another 10 months and 15 days at its October 6, 2021, City
Council meeting and to begin the preparation of permanent regulations during the
moratorium. Furthermore, a 10-day report that briefly explains the measures taken to
alleviate the concerns caused by formula based retail businesses on High Street will be
considered at the September 15, 2021, City Council meeting. This report must be
adopted by the City Council 10 days prior to any extension of the urgency ordinance.
BACKGROUND AND DISCUSSION
On July 7, 2021, the City Council directed staff to prepare an urgency ordinance
prohibiting the establishment of formula based retail businesses (also known as chain
stores) along High Street. In reaching this decision, the Council acknowledged an
increased interest in new development along High Street and a desire to maintain the
unique rural character of downtown. Formula based retail restrictions are designed to
Item: 9.B.
ATTACHMENT 3
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create and preserve a supportive environment for independent small businesses and
protect community character. Similar ordinances have been adopted by a number of
communities, including the cities of Malibu, Ojai, and San Francisco.
There are currently no regulations that restrict the establishment of formula based uses
downtown, or anywhere else within Moorpark. Since 2018, there have been several
significant developments and new uses proposed downtown. 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.
These recent projects are summarized below and demonstrate a growing momentum for
new investment, redevelopment, and revitalization downtown.
•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, Lluna Lena, 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.
•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 the 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, 20201.
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•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.
In addition to these new projects, High Street continues to draw visitors and filming
productions due to downtown’s unique charm and character. This most-recently included
a major feature film that hosted director Steven Spielberg and a production team of over
120 people.
FORMULA RETAIL MORATORIUM
The proposed interim ordinance defines formula based retail business as those
businesses that operate five or more existing establishments in the world and which also
maintain two or more of the following features: 1) standardized array of merchandise or
menu; 2) standardized color scheme; 3) standardized décor; 4) standardized façade;
5)standardized layout; 6) standardized signage, servicemark, or trademark; or 7) uniform
apparel.
New businesses meeting these criteria would be prohibited from operating along High
Street and 500 feet east of the intersection of High Street/Princeton Avenue and Spring
Road. Staff has selected this area given its unique character and history. The ordinance
only restricts formula based retail businesses within this defined area. No restrictions on
these types of businesses are currently proposed or planned elsewhere within the City.
Formula based retail businesses would therefore not be precluded from operating in other
areas of the City if this ordinance is adopted. Existing businesses meeting the criteria
described above (such as the 76 Station at 13800 Princeton Avenue) would not be
affected by the interim ordinance.
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Figure 1: Properties subject to the Formula Retail Moratorium are highlighted in blue
INTERIM ORDINANCE PROCEDURES
California law authorizes municipalities to adopt “interim” ordinances that place an
immediate moratorium on the establishment of specified new activities and uses in the
City. California Government Code Section 65858 provides for the procedures and
requirements for the adoption of an “interim” ordinance.
Section 65858 provides that, without following normal zoning code ordinance adoption
procedures, a city council may, in order to protect the public health, safety, and welfare
of the community, adopt as an urgency measure an “interim ordinance” prohibiting any
uses that may be in conflict with a contemplated general plan, specific plan, or zoning
proposal that the City Council, Planning Commission or Planning Department is
considering or studying for adoption within a reasonable time.
Section 65858 provides that a city council cannot adopt an interim ordinance unless the
ordinance contains legislative findings that there is a current and immediate threat to the
public health, safety, or welfare, and that the approval of additional entitlements for a
specific use or uses would result in a threat to the public health, safety, or welfare.
Adoption of the interim ordinance requires a 4/5ths vote of the City Council. If one
member of the City Council is absent from the City Council meeting, a unanimous vote
in favor of adoption of the Ordinance by the remaining four members is required to
adopt the Ordinance. A motion to waive full reading and adopt the proposed Urgency
Ordinance as read by title will require a roll call vote. If that motion passes, the Urgency
Ordinance will go into effect immediately and would remain in effect for a period of forty-
five (45) days, pursuant to Government Code section 65858(a), unless further extended
by the City Council.
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If the Urgency Ordinance is adopted, it will remain in effect for an initial 45-day period
(until October 16, 2021). Prior to that expiration, the City Council may extend the interim
ordinance by an additional 10 months and 15 days by the adoption of an additional
urgency ordinance. Any extension shall also require a four-fifths vote for adoption. This
means that if the City Council wants the interim ordinance to extend past October 16,
2021, the City Council will need to extend the Ordinance at its October 6, 2021, City
Council meeting. In order to allow for that potential extension, City staff is required to
prepare a written report pursuant to Government Code Section 65858(d) which
describes the measure taken by the City to alleviate the condition that led to the adoption
of the ordinance. This written report is required to be issued by the City Council at least
10 days prior to extension of the interim ordinance. As a result, the City Council would
need to act to approve and issue that written report at the regular City Council meeting
on September 15, 2021.
Aside from the written report, City staff will also provide 10-day advance notice of a
public hearing on October 6, 2021, at which meeting the City Council will consider an
ordinance to extend the interim ordinance by 10 months and 15 days.
Finally, if the City has not been able to enact permanent zoning and other limitations
during that extension period, the law allows for one additional one-year extension, for a
total cumulative duration of the interim restrictions of two years.
Concurrently with the interim ordinance process, City staff will begin the process of
preparing permanent zoning and other regulations and then process those through the
normal zoning ordinance adoption process. That process will include a noticed public
hearing before the Planning Commission, the Planning Commission’s adoption of a
resolution making recommendations on the proposed text of a permanent ordinance to
the City Council, a noticed public hearing before the City Council and the regular two
reading processing for adoption of a non-urgency ordinance by the City Council. Given
the current projects underway within the Community Development Department,
including preparation of a hemp ordinance, saff anticipates that the research and
preparation of a permanent formula retail ordinance could be completed within eight
months.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
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 this action 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 may have
impacts on public 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
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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.
FISCAL IMPACT
There is no fiscal impact associated with this action.
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 (ROLL CALL VOTE REQUIRED)
1.Waive full reading and adopt Urgency Ordinance No. ___ as read by title only
(REQUIRES A ROLL CALL VOTE AND A 4/5THS VOTE OF THE CITY
COUNCIL TO ADOPT); and
2.Direct City staff to prepare a written report of the steps taken to address the
impacts of formula based retail uses on High Street and have that report
presented at a Special City Council meeting on September 15, 2021; and
3.Provide Notice of a Public Hearing for October 6, 2021, to consider the extension
of Urgency Ordinance No. ___; and
4.Direct staff to begin the preparation of a non-urgency permanent Ordinance
establishing zoning and other necessary restrictions on formula based retail
businesses on High Street consistent with staff’s recommendation and the result
of staff’s study and investigation of the issue. (ROLL CALL VOTE REQUIRED)
Attachment: Draft Urgency Ordinance No. ___
22
ORDINANCE NO. ___
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.
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Ordinance No. ___
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.
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Ordinance No. ___
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 décor; 4) standardized façade;
5)standardized layout; 6) standardized signage, servicemark, or trademark; or
7)uniform apparel.
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Ordinance No. ___
Page 4
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
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Ordinance No. ___
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.
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Ordinance No. ___
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.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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Ordinance No. ___
Page 7
EXHIBIT A – HIGH STREET PROPERTIES
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