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HomeMy WebLinkAboutRES PC 2022 669 2022 0524RESOLUTION NO. PC -2022-669 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING ORDINANCE AMENDMENT NO. 2021-03 AMENDING CHAPTERS 17.08 (DEFINITIONS), 17.20 (USES BY ZONE), AND 17.28 (STANDARDS FOR SPECIFIC USES) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO DEFINE "CHAIN STORE" USES, TO ESTABLISH REGULATIONS RELATED TO THE OPERATION OF CHAIN STORES ON HIGH STREET, AND TO MAKE A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH. WHEREAS, on September 1, 2021, the City Council enacted Interim Urgency Ordinance No. 492 to impose a 45 -day moratorium on new formula -based retail businesses on High Street; and WHEREAS, on October 6, 2021, the City Council subsequently adopted Interim Ordinance No. 496 which superseded Interim Urgency Ordinance No. 492 and imposed a 10 month and 15 -day moratorium on new formula -based retail businesses, and WHEREAS, on October 6, 2021, the City Council approved the issuance of a 10 - Day Report on the actions taken to improve the conditions, which led to the City Council's adoption of Interim Urgency Ordinance No. 492 that established the moratorium and Interim Urgency Ordinance No. 496 which extended the moratorium; and WHEREAS, on April 26, 2022, the Planning Commission held a public hearing in consideration of Zoning Ordinance Amendment No. 2021-03; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing and voted to continue the item and directed staff to make amendments to the ordinance; and WHEREAS, the Planning 17.28.090 to "Chain Stores and the definition of Chain Store Commission directed staff to amend the title of Section Aesthetics on High Street", remove "retail service" from within Chapter 17.08, and analyze the associated administrative processes of the ordinance to determine the most effective means of implementing the ordinance; and WHEREAS, at duly noticed public hearing on May 24, 2022, the Planning Commission considered Zoning Ordinance Amendment No. 2021-03, the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and discussed and reached a decision on this matter, and Resolution No. PC -2022-669 Page 2 WHEREAS, the Community Development Director determined that this project is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, a project is not subject to CEQA "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed amendments to the MMC Zone Code Amendment are exempt from review under CEQA because it can be seen with certainty that there is no possibility that the enactment of thisnew land use regulation may have a significant effect on the environment and adoption of a Municipal Code Text Amendment does not create a significant effect on the environment because it would limit land uses in a particular zoning district within the City; and WHEREAS, the unique architectural design and character of High Street 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 of experience for Moorpark visitors and consumers; and WHEREAS, 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; and WHEREAS, the Planning Commission finds that the proposed Zoning Ordinance Amendment is in the public interest and reflects the input from residents, decisionmakers, and other community stakeholders; and WHEREAS, the proposed Zoning Ordinance Amendment will further protect public health, safety, and general welfare by limiting the development of Chain Stores on High Street; and WHEREAS, the adoption of the Zoning Ordinance Amendment would be a reasonable exercise of the City's police powers to ensure the continued health, safety, and welfare of the public. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that this project is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines as there would not be a physical change to any existing land uses a result of this ordinance and this ordinance does not authorize any additional uses of land. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2021-03 as shown in Exhibit A, attached hereto. Resolution No. PC -2022-669 Page 3 SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, Rokos, and Chair Landis. NOES: ABSTAIN: Commissioner Brodsly. ABSENT: PASSED, AND ADOPTED this 24th day of May 2022. Kipp andis Cha, Carlene Saxton Community Development Director Exhibit A — Zoning Ordinance Amendment Resolution No. PC -2022-669 Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2021-03 AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS), 17.20 (USES BY ZONE), AND 17.28 (STANDARDS FOR SPECIFIC USES) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE Chapter 17.08 (Definitions) of Title 17 (Zoning) shall be amended to include the following additional definitions, inserted with the existing definitions in alphabetical order: "Array of merchandise or menu" means 50 percent or more of in -stock merchandise or menu items. "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 cart of the color scheme. "Chain Store" means any type of retail sales activity conducted within a retail establishment which, along with ten (10) or more existing operational retail establishments in the world, maintains two or more of the following features: 11 standardized array of merchandise or menu: 2) standardized color scheme: 3) standardized decor; 4) standardized facade: 5) standardized layout: 6) standardized sign, servicemark, or trademark: or 7) uniform apparel. "Decor" means the style of interior finishes such as the style of furniture, wall coverings, or permanent fixtures. "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. "Layout" means the interior arrangement of furniture, service area, or permanent fixtures. "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. "Trademark" means a word, 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. "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. "Retail establishment" means a commercial establishment that provides goods and/or Resolution No. PC -2022-669 Page 5 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. 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Tables 17.20.060, Section A of the Municipal Code shall be amended as shown below wherein underline indicates added text: CPD Zones C -O C-1 OT, M-1 M-2 C-2 A. Retail and Service Uses 1. Adult businesses when in compliance with ZC ZC Sections 17.24.040(N), 17.78.050 and Chapter 5.18 2. Alcoholic beverage sales for off-site consumption when in conjunction with another city -approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is CUP AP* AP* AP* AP* required) b. Beer, wine, and other alcoholic beverages CUP CUP CUP CUP CUP 3. Auto mobile/li ht truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune-ups and other light service and repair (with or without hydraulic lifts) (*if within one hundred CUP AP* AP* AP* [100] feet of a residentially zoned property a conditional use permit is required) b. Car washes, self-service or automatic with or without CUP CUP automotive services stations c. Engine rebuilding, transmission repair, steam cleaning, CUP CUP auto body, painting d. Parts and supplies ZC ZC ZC ZC e. Rental AP AP AP f. Sales, with or without service and parts CUP CUP CUP g. Service stations with or without mini -marts and with or CUP CUP without beer and wine sales for off-site consumption 4. Body piercing and/or tattoo CUP 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is AP* CUP CUP required) Resolution No. PC -2022-669 Page 6 CPD Zones C -O C-1 OT, M-1 M-2 I C-2 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed and breakfast inns when in CUP CUP CUP CUP compliance with Chapter 5.44 8. Kennels and catteries CUP CUP 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public or CUP CUP CUP private school 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an AP enclosed area 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies AP kept in an enclosed area 13. Pawnshops when in compliance with Chapter 5.32 AP 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is AP* AP* required) 15. Private post offices, parcel services, copy centers ZC ZC ZC ZC 16. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code CUP CUP AP* (*if within 100 feet of a residentially zoned property a conditional use permit is required) 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as CUP shown on the Moorpark Circulation Element Highway F Network Map and with or without a caretaker dwelling 18. Recycling centers CUP CUP CUP 19. Recycling drop-off bins when located in an area determined by the community development director not ZC ZC ZC ZC ZC ZC to be in conflict with parking, vehicle, or pedestrian circulation 20. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] AP* AP* feet of a residentially zoned property a conditional use permit is required) 21. Retail shops and personal service establishments, except as otherwise indicated in this table, including, but not limited to, antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores including on- site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry ZC ZC ZC cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party Resolution No. PC -2022-669 Page 7 CPD Zones C -O C-1 OTC_ M-1 M-2 I C-2 supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video/DVD/CD sales and rental, wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 22. Retail sales combined with limited distribution and/or warehousing not exceeding 40% of gross floor area of the building in which it is located (*if within 100 feet of a AP* residentially zoned property a conditional use permit is required) 23. Retail sales in the M-1 and M-2 zone limited to a maximum of 20% of the gross floor area of the building in which it is located. In an industrial complex the 20% shall AP AP be computed on the basis of the cumulative total floor area of the industrial planned development IPD 24. Retail sales (temporary) in the M-1 and M-2 zones. Issuance of a temporary use permit shall take the place TUP TUP of a zoning clearance 25. Thrift stores, secondhand shops, consignment stores AP AP when in compliance with Chapter 5.32 26. Tobacco sales a. Retail smoking products stores, as defined in CUP Chapter 8.32 b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than AP AP AP AP retail smoking products stores c. Smoking and vaping lounges where tobacco and vaping products are sold for on-site consumption (e.g., cigar lounges, hookah lounges, vaping lounges) other than retail smoking products stores 27. Industrial Hem a. Industrial hemp product retail sales, stand-alone retail store (*consistent with the requirements of ZC ZC ZC ZC Chapter 17.28.080 b. Industrial hemp product retail sales, accessory (sales display area limited to a maximum of 5% of the retail floor NZC NZC NZC NZC area of the establishment in which it is located B. Eating and Drinking Places 1. Bars with or without entertainment including, but not CUP CUP CUP CUP limited to, cocktail lounges, cabarets 2. Breweries, microbreweries, wineries/tasting rooms with or without restaurant and with or without outdoor CUP CUP CUP CUP seating and with or without entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption in accordance with the restrictions below: Resolution No. PC -2022-669 Page 8 CPD Zones C -O C-1 C_ M-1 M-1 M-2 I C-2 a. With or without entertainment and with or without on- site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating (*if within CUP AP* AP* AP* AP* 100 feet of a residentially zoned property a conditional use permit is required) b. With drive-in or drive-through facilities (sale of alcoholic beverages from the drive-in or drive-through facilities is CUP prohibited) with or without outdoor seating (Only permitted in the CPD Zone C. Office and Professional Uses 1. Financial services a. Banks and other financial institutions, except those set ZC ZC ZC ZC ZC forth below b. Check cashing, payday loan, and vehicle title loan establishments (Onlypermitted in CPD Zone)AP c. Automated/automatic teller machines ATMs ZC ZC ZC ZC AP 2. Laboratories: research and scientific AP AP AP a. Industrial hemp research and testing laboratory CUP CUP 3. Professional and administrative offices, including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, ZC ZC ZC ZC ZC ZC optical and related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on- site for medical purposes shall not be considered AP AP AP AP AP AP boarding) b. With boarding indoors or outdoors CUP CUP CUP 5. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code a. Massage establishments with 4 or more massage stations, or where 20% or more of the floor area is CUP dedicated to massage services (Only permitted in the CPD Zone b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provided that less ZC ZC ZC ZC than 20% of the floor area is dedicated to massage services D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and product fabrication CUP 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, tractors, and CUP buses 4. Manufacturing and assembly, including, but not limited ZC* ZC* to, appliances, cabinets, cleaners, clothing, computers, Resolution No. PC -2022-669 Page 9 CPD Zones C -O C-1 �T1 M-1 M-2 C-2 cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within 100 feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in conjunction with a city CUP AP* AP* approved use and when all storage is screened by an 8 - foot -high masonry wall architecturally matched to the structure (*if within 100 feet of a residentially zoned property a conditional use permit is required) 6. Self -storage or mini storage when not located on CUP CUP parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 7. Warehousing AP AP 8. Welding AP AP 9. Industrial hemp warehousing, and manufacturing and processing (*except that the process of combining prepared industrial hemp ingredients with other products shall be allowed as an accessory use within a permitted processing or assembly use, with a Zoning Clearance E. Public and Semi -Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades video and computer) and cyber cafes CUP CUP CUP b. Health clubs, gymnasiums, fitness centers, and fitness studios for uses such as martial arts, yoga, dance, and other similar uses or combination of uses i. up to 3,000 square feet AP AP AP AP ii. over 3,000 square feet (*if within 100 feet of a AP* AP* AP* AP* residentially zoned property a conditional use permit is required) c. Auditoriums, community centers, dancehalls, and CUP CUP CUP CUP CUP indoor motion picture theaters d. Billiard and pool establishments, and bowling alleys, CUP CUP with or without alcohol 2. Care facilities, including adult day care facilities, CUP CUP CUP Alzheimer's day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life-threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, and therapeutic day services facilities 3. Emergency shelters in compliance with the ZC* requirements of Chapter 17.28 *allowed in C-2 zone Resolution No. PC -2022-669 Page 10 CPD Zones C -O C-1 OT' M-1 M-2 I C-2 only, not permitted in CPD zone; emergency shelters are also allowed in conjunction with permitted places of religious assembly) 4. Single room occupancy unit development in ZC* compliance with the requirements of Chapter 17.28 (*allowed in C-2 zone only, not permitted in CPD zone 5. Clubhouses, social clubs, service clubs with or without CUP CUP alcohol 6. Energy production from renewable resources CUP CUP 7. Governmental uses including, but not limited to, city CUP CUP CUP CUP CUP CUP CUP offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 8. Hospitals including urgent care (*if within one hundred CUP AP* AP* AP* [100] feet of a residentially zoned property a conditional use permit is required) 9. Places of religious assembly, with or without schools and/or social services, including emergency shelters i. up to 3,000 square feet CUP AP AP AP AP CUP CUP ii. over 3,000 square feet (*if within 100 feet of a CUP AP* AP* AP* AP* CUP CUP residentially zoned property a conditional use permit is required) 10. Private education facilities including, but not limited CUP to, colleges and universities, elementary, middle, and high schools 11. Private training facilities including, but not limited to, CUP CUP AP* AP* AP* professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools (*if within 100 feet of a residentially zoned property a conditional use permit is required) 12. Recreational facilities (private), indoor or outdoor, AP* AP* CUP with or without food services, including, but not limited to, batting cages, bicycle and skate facilities, golf courses (including miniature golf and driving ranges), and sports fields. Bicycles and skate parks shall be in compliance with Chapter 17.28 (*if within 100 feet of a residentially zoned property a conditional use permit is required) 13. Utility structures (electrical boxes, transformers and AP AP AP AP AP AP AP valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance 14. Wireless communications facilities, in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP CUP CUP CUP CUP CUP b. Minor wireless communications facilities AP AP AP AP AP APc. Collocation wireless communications facilities ZC ZC ZC ZC ZC ZC(consistent with definition of "collocation facility" in :AUP Section 17.42.020F. Accesso and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP Resolution No. PC -2022-669 Page 11 ` If the proposed use is determined to be a Chain Store see Section 17.28.090 (Chain Stores) for supplemental requirements. 17.28.090 CHAIN STORES AND AESTHETICS ON HIGH STREET Section 17.28.090 of the Municipal Code shall be amended as shown below wherein underline indicates added text: A. Puraose. The auraose of this section is to reaulate the location and operation of Chain Stores in the Old Town Commercial (C -OT) Zone in order to maintain the small town, rural character, and the economic vitality of the city's commercial center. The City has determined that the preservation of High Street's unique architecture, streetscape, and other design elements will promote the long-term viability of the historic commercial center. The City has also determined that preserving a balanced mix of local-, regional-, and national -based businesses as well as small and medium sized businesses will maintain and promote the long- term economic vitality of neighborhood and visitor -serving businesses and the community as a whole. It is therefore the intention of the City that an over - concentration of Chain Stores not be allowed. All Chain Stores are prohibited in the Old Town Commercial (C -OT) Zone unless approved with a conditional use permit, subject to the findings contained in this Section. Any Chain Store approved with a conditional use permit shall create a unique visual appearance that reflects and complements the distinctive historical character of High Street. B. Applicability. This Section applies to any proposed use in the Old Town Commercial (C -OT) Zone determined to be a Chain Store. C. Responsibility of Chain Store Use Determination CPD Zones C -O C-1 OTC_ M-1 M-2 I C-2 2. Retail shops and services as listed in AP Table 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property 3. Temporary motion picture, television, or still TUP TUP TUP TUP TUP TUP TUP photography production (and related activities and structures) in accordance with Section 17.28.120 4. Temporary uses including, but not limited to, carnivals, TUP TUP TUP TUP TUP TUP TUP Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP 5. Drive-through facilities associated with permitted uses CUP CUP in the zone other than eating and drinking places (Not allowed in C-2 Zone 6. Cultivation of industrial hem ` If the proposed use is determined to be a Chain Store see Section 17.28.090 (Chain Stores) for supplemental requirements. 17.28.090 CHAIN STORES AND AESTHETICS ON HIGH STREET Section 17.28.090 of the Municipal Code shall be amended as shown below wherein underline indicates added text: A. Puraose. The auraose of this section is to reaulate the location and operation of Chain Stores in the Old Town Commercial (C -OT) Zone in order to maintain the small town, rural character, and the economic vitality of the city's commercial center. The City has determined that the preservation of High Street's unique architecture, streetscape, and other design elements will promote the long-term viability of the historic commercial center. The City has also determined that preserving a balanced mix of local-, regional-, and national -based businesses as well as small and medium sized businesses will maintain and promote the long- term economic vitality of neighborhood and visitor -serving businesses and the community as a whole. It is therefore the intention of the City that an over - concentration of Chain Stores not be allowed. All Chain Stores are prohibited in the Old Town Commercial (C -OT) Zone unless approved with a conditional use permit, subject to the findings contained in this Section. Any Chain Store approved with a conditional use permit shall create a unique visual appearance that reflects and complements the distinctive historical character of High Street. B. Applicability. This Section applies to any proposed use in the Old Town Commercial (C -OT) Zone determined to be a Chain Store. C. Responsibility of Chain Store Use Determination Resolution No. PC -2022-669 Page 12 1. Any application in the Old Town Commercial (C -OT) Zone determined by the City to be a Chain Store on which the Applicant has not identified the use as a Chain Store is incomplete and cannot be processed until the omission is corrected. 2. Any entitlement approved that is determined by the City to have been, at the time of application, a Chain Store that did not identify the use as such is subject to revocation in writing at any time. 3. In the event the City determines that a permit application or permit subject to this section is for a Chain Store, the permit applicant or holder bears the burden of proving to the City that the proposed or existing use does not constitute a Chain Store. D. Conditional Use Permit (CUP) Process. 1. Approval of a conditional use permit is required for any Chain Stores proposed in the Old Town Commercial (C -OT) zone: 2. The expansion of any existing Chain Store in the Old Town Commercial (C -OT) zone shall require a conditional use permit if the Chain Store does not already have a conditional use permit; 3. The cumulative expansion of a permitted Chain Store by 500 or more square feet of floor area shall require a modification to the conditional use permit: and 4. The Chain Store shall fully comply with all applicable regulations of the Zoning Ordinance includina adherence to the desian auidelines established in the Downtown Specific Plan 5. In addition to all of the findings required by MMC Section 17.44.040(D), all of the following findings must be made prior to the issuance of a conditional use permit for a Chain Store: a. The Chain Store will not result in an over -concentration of Chain Stores in the Old Town Commercial (C -OT) zone; b. The Chain Store will promote variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations: c. The Chain Store will contribute to an appropriate balance of local-, regional- , and national -based business establishments as well as small- and medium-sized business establishments in the zone: and d. The proposed use, together with its design and improvement, is compatible with the existing architectural and aesthetic character of High Street and adheres to the design guidelines of the Downtown Specific Plan.