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HomeMy WebLinkAboutAGENDA REPORT 2022 0706 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA City Council Meeting of July 6, 2022 ACTION APPROVED STAFF RECOMMENDATION INCLUDING INTRODUCTION OF ORDINANCE NO. 503, AS AMENDED. (ROLL CALL VOTE: 3-0, COUNCILMEMBERS CASTRO AND GROFF RECUSED) BY A. Hurtado. A. Consider an Ordinance Approving 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 and to Establish Regulations Related to the Operation of Chain Stores on High Street and Making a Determination of Exemption Pursuant to California Environmental Quality Act (CEQA) in Connection Therewith. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Introduce Ordinance No. 503 approving Zoning Ordinance Amendment No. 2021-03 for first reading, waive full reading, and place the Ordinance on the agenda for the July 20, 2022, regular meeting for purposes of providing second reading and adoption of the Ordinance. (ROLL CALL VOTE REQUIRED) (Staff: Carlene Saxton, Community Development Director) Item: 8.A. Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Community Development Director BY: Adam Pisarkiewicz, Contract Planner DATE: 07/06/2022 Regular Meeting SUBJECT: Consider an Ordinance Approving 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 and to Establish Regulations Related to the Operation of Chain Stores on High Street and Making a Determination of Exemption Pursuant to California Environmental Quality Act (CEQA) in Connection Therewith BACKGROUND There are currently no permanent regulations that restrict the operation of formula-based retail businesses (also known as chain stores) 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 that may compromise the unique character and mix of uses. These recent projects are summarized below and demonstrate a growing momentum for new investment, redevelopment, and revitalization downtown. • FARMERS MARKET (High Street) – Every Sunday between 9:00 a.m. and 2:00 p.m. • 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. 11 Honorable City Council 07/06/2022 Regular Meeting Page 2 • 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. • 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. • 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. • 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. • 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. • 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 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 included a major feature film that hosted director Steven Spielberg and a production team of over 120 people in August of 2021. 22 Honorable City Council 07/06/2022 Regular Meeting Page 3 Interim Urgency Ordinance On July 7, 2021, the City Council directed staff to prepare an urgency ordinance prohibiting the establishment of 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 Moorpark’s “downtown”. Chain store restrictions are designed to create and preserve a supportive environment for independent small businesses and to protect community character. Similar ordinances have been adopted by a number of communities, including the cities of Malibu, Ojai, and San Francisco. On September 1, 2021, the City Council adopted Interim Urgency Ordinance No. 492 establishing a moratorium on new chain stores on High Street, pursuant to Government Code Sections 65858, 36934, and 36937. The interim ordinance defined chain stores 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. Under the moratorium, 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. See Figure 1 below for properties subject to the moratorium. The ordinance only restricts chain stores within this defined area. No restrictions on these types of businesses are currently proposed or planned elsewhere within the City. Chain stores are therefore not to be precluded from operating in other areas of the City. Existing businesses meeting the criteria described above (such as the 76 Station at 13800 Princeton Avenue) are not affected by the interim ordinance. Figure 1: Properties subject to the Chain Store Moratorium are highlighted in blue 33 Honorable City Council 07/06/2022 Regular Meeting Page 10 The interim ordinance remained in effect for an initial 45-day period, during which the City Council extended the interim ordinance by an additional 10 months and 15 days at its public hearing on October 6, 2021. Concurrently, City staff began the process of preparing a permanent zoning ordinance and to then process through the normal zoning adoption process. The interim ordinance will expire on August 31, 2022. On April 26, 2022, the Planning Commission considered Zoning Ordinance Amendment No. 2021-03, initiating 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 (MMC) to define Chain Store uses and establish regulations related to the operation of chain stores on High Street. The Planning Commission received public testimony both in support and opposition to the proposed ordinance. Following discussion and deliberation, the Planning Commission voted (4-0-1 abstain) to continue the item and directed staff to return with the following changes and additional information: 1. Retitle Section 17.28.090 from “Chain Stores” to “Chain Store Aesthetics on High Street”; 2. Remove “retail service” from the proposed definition of Chain Store in order to allow for commercial offices that might qualify as a Chain Store to not be subject to the proposed ordinance; 3. Provide a summary of the anticipated costs and timing associated with the Conditional Use Permit (CUP) application; 4. Explore whether Chain Store applications and the provisions of this ordinance could be reviewed and approved through the existing administrative permit process by the Community Development Director, rather than a CUP; and, 5. Clarification of how Chain Store signs would be regulated under the proposed ordinance. On May 24, 2022, the Planning Commission again considered Zoning Ordinance Amendment No. 2021-03. The Planning Commission received public testimony from one speaker in opposition. City Staff addressed the Commission’s direction from the April 26, 2022, public hearing in the following manner: 1. Staff recommended retitling Section 17.28.090 to “Chain Stores and Aesthetics on High Street”. The inclusion of “and” to the title denotes that aesthetics are one element of the proposed ordinance rather than the entirety. In Section 17.28.090, three out of the four recommended findings directly relate to regulating the proliferation of chain stores along High Street while remaining finding relates specifically to aesthetics but given that it is only one of four findings, titling the ordinance “Chain Store Aesthetics on High Street”, per Commission direction, could potentially misrepresent the intent of the ordinance and its contents. Additionally, public input received noted concerns regarding chain stores specifically and a preference for supporting independent retail uses, in addition to 44 Honorable City Council 07/06/2022 Regular Meeting Page 11 the related aesthetic impacts. Therefore, staff recommended amending the title of Section 17.28.090 to “Chain Stores and Aesthetics on High Street.” 2. The term “retail service” was eliminated from the proposed Chain Store definition in order to exempt commercial office uses from being considered a Chain Store. Commissioners noted that the current definition of Chain Store and its associated criteria could potentially limit businesses that operate commercial offices, such as franchise insurance brokers or real estate agents affiliated with larger companies that may be subject to the proposed regulations. The elimination of retail service from the definition narrows the scope of the ordinance to apply only retail sales activity. 3. The City requires a deposit for all CUP applications rather than a flat fee. City staff bills the applicant according to time spent on CUP application review, legal noticing, and preparation for the public hearing. If approved, staff estimates that review of Chain Store CUP requests would be a relatively straightforward process with clearly defined application submittal requirements that would minimize the costs incurred by the applicants. Unlike CUP requests for alcohol, Chain Store CUP applications would not require review of other departments, which would also control costs. Conditional use permits generally take two months to be processed from receipt to Planning Commission hearing; however, this timeframe depends on the quality and completeness of the initial application material. Staff is currently engaged in a comprehensive fee study that will evaluate the conditional use permit fee. If the proposed Chain Store ordinance is approved, staff would work with the fee consultant to scope out a fee specific to this application and the estimated costs incurred by the City to process. Given the review of CUP applications for Chain Stores would not require review by multiple City departments, it is likely that the cost to review Chain Store CUPs would be less than other CUPs. 4. Chapter 17.20 (Uses by Zone) currently allows for most retail in the Old Town Commercial (C-OT) zoning district to be approved either through the zoning clearance or administrative permit process, both of which are approved by Community Development Department staff, with the exception of some uses such as those involving the sale of alcohol which require a conditional use permit approval from the Planning Commission. The intent of the proposed ordinance is for chain store retailers, that could have a potentially detrimental effect on High Street’s historic character, to have a higher level of review to ensure there is not an overconcentration of chain stores on High Street, there is an appropriate balance of commercial uses, and to allow for the Downtown Specific Plan’s design guidelines to be enforced through an official approving authority at a public hearing. Amending the ordinance to allow for Chain Stores to be approved either through an Administrative Permit would then force the Community Development Director to make the discretionary findings and dictate adherence to the design guidelines, without very limited public comment or opportunity for input. The Planning Commission is an appointed body of community representatives. Staff believes that the level of discretion required to determine the findings associated with the proposed ordinance are more appropriate for consideration by the 55 Honorable City Council 07/06/2022 Regular Meeting Page 12 Planning Commission, rather than a City staff member. Therefore, staff did not recommend amending the ordinance to allow for review of chain stores through an administrative process. 5. Signs are not being regulated beyond the requirements of existing Municipal Code Chapter 17.40 (Sign Regulations) within the proposed ordinance. The Downtown Specific Plan contains minimal guidance on sign design beyond recommended lamp types for lighting signs. “Standardized sign” is only one of seven criteria that could be incorporated when determining if a proposed retail use is a chain store. The proposed ordinance does not create any new standards for chain store signs on High Street. Any amendments to Chapter 17.40 (Sign Regulations) or amendments to the Downtown Specific Plan to include sign standards would have to be initiated by the City Council. Following discussion and deliberation, the Planning Commission voted (4-0-1 with Commissioner Brodsly abstaining) to adopt Resolution No. PC-2022-669, recommending City Council adoption of Zoning Ordinance Amendment No. 2021-03. ANALYSIS/DISCUSSION As the first step in preparing a permanent ordinance, the City’s consultant, Civic Solutions, prepared a case study analysis and recommendations report. The report analyzed chain store ordinances from four similar cities in California and made recommendations on how Moorpark should proceed in creating their own ordinance that will be tailored for High Street. Public Outreach On December 9, 2021, the City hosted an open-house style workshop at the Cactus Patch Restaurant, located at 197 High Street. This event was advertised on the City’s website and social media as well as distributing mailers and handouts translated in English and Spanish to residents and businesses around High Street. The open house provided an opportunity for the public to provide initial direction on key aspects of the permanent chain store ordinance. The open house was attended by approximately 20 people. Attendees provided a wide spectrum of opinions, ranging from allowing chain stores along High Street to an outright ban as well as a middle-ground approach by allowing chain stores under strict conditions. Existing business owners on High Street expressed their desire to be able to potentially sell their business or property to a chain corporation and concern that any regulations may limit potential buyers. In an effort to gather additional input, the City hosted an online survey in English and Spanish that was posted online for two weeks following the open house. The survey was posted to the City’s website and social media and received a total of 273 responses. The feedback captured key data that would assist staff in preparing the draft ordinance. 66 Honorable City Council 07/06/2022 Regular Meeting Page 13 The results of the survey and outreach event indicated that a majority of respondents support the regulation of chain stores along High Street in some manner. The key theme that emerged was balancing the desires of residents at-large with the needs of High Street’s existing business and property owners. It was also acknowledged that the proposed ordinance should be flexible to consider exceptions for desired businesses, provided that the appearance of the storefront was consistent with the overall design and character of High Street. PROPOSED ORDINANCE The proposed amendments to the Moorpark Municipal Code (MMC) Chapter 17 Zoning Code include Chapter 17.08 (Definitions), Chapter 17.20 (Uses by Zone), and Chapter 17.28 (Standards for Specific Uses). Staff has prepared the following recommended regulations for Chain Stores along High Street. The proposed ordinance (Attachment 1, Exhibit A) incorporates the Urgency Ordinance as a template in concert with the case studies analysis and public feedback. Proposed amendments are underlined in the text below. Chapter 17.08 Definitions The terms “Formula Retail” and “Formula Establishment” was changed to “Chain Store” in the proposed ordinance. The criteria of five or more establishments worldwide was changed to 10 or more establishments worldwide, in order to allow for more local or regional establishments that have less than ten locations but more than five. Lastly, at the direction of the Planning Commission, the term “retail service” was removed from the Chain Store definition in order to allow for commercial offices, without being subject to the proposed ordinance. The updated definition is proposed to be added to Chapter 17.08 (Definitions). Staff recommends amending Chapter 17.08 (Definitions) to include additional definitions to Chain Stores and each of its associated criteria. “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 part 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: 1) 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. 77 Honorable City Council 07/06/2022 Regular Meeting Page 14 “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 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. Chapter 17.20 Uses by Zone - Zoning District and Use Table The area boundary established in the Urgency Ordinance determined where the Chain Store mortarium would apply. The draft permanent ordinance boundary has been modified to apply only within the Old Town Commercial (C-OT) zone. The boundary established in the Urgency Ordinance included a total of six zoning districts: Old Town Commercial (C-OT), Residential Planned Development (RPD), Rural Exclusive (RE), Industrial Park (M-1), Limited Industrial (M-2), and Institutional (I). Aside from Old Town Commercial (C-OT), the remaining zoning districts within the boundaries do not allow for the types of commercial establishments that would qualify as a ‘chain store’. Therefore, the regulatory boundary for this permanent ordinance is within the existing boundaries of the Old Town Commercial (C-OT) zoning district given that it already covers the entirety of High Street and is intended for commercial development. Figure 2 below is a portion of the City’s Zoning Map displaying the parcels in the Old Town Commercial (C-OT) zoning district. 88 Honorable City Council 07/06/2022 Regular Meeting Page 15 Figure 2: Chain Stores are currently prohibited on parcels within the C-OT zoning district along High Street To formally recognize ‘Chain Stores’ as a designated land use and to prevent conflict with other existing definitions of retail-type establishments in the Code, a footnote was added to the Old Town Commercial (C-OT) column in Table 17.20.060 (Permitted Uses in Commercial and Industrial Zones). The footnote (below) is intended to inform the applicant to reference Section 17.28.090 (Chain Stores) for supplemental requirements. 1 If the proposed use is determined to be a Chain Store, see Section 17.28.090 (Chain Stores and Aesthetics on High Street) for supplemental requirements. Chapter 17.28 - ‘Chain Stores’ as a Specific Use The draft permanent ordinance proposes a new section within Chapter 17.28 (Standards for Specific Uses) dedicated to supplemental requirements for uses that meet the criteria for a Chain Store. The proposed Section 17.28.090 (Chain Stores) contains subsections related to Purpose, Applicability, Responsibility of Chain Store Use Determination, and a Conditional Use Permit (CUP) Process. The ordinance allows for the establishment of Chain Stores, on a limited basis, dependent on approval of a CUP at the discretion of the Planning Commission. The existing CUP findings from Section 17.44.040.D (Conditional Use Permit (CUP)) would apply in addition to four new findings that are specific to Chain Stores. Staff recommends the creation of Section 17.28.090 (Chain Stores and Aesthetics on High Street): 99 Honorable City Council 07/06/2022 Regular Meeting Page 16 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. Purpose. The purpose of this section is to regulate 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 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; 1010 Honorable City Council 07/06/2022 Regular Meeting Page 17 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; 4. The Chain Store shall fully comply with all applicable regulations of the Zoning Ordinance including adherence to the design guidelines 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. ENVIRONMENTAL DETERMINATION 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 Moorpark Municipal Code (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 this new 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 commercial retail land uses in a manner that is more restrictive than what is currently permitted. Therefore, the Community Development Director has determined that the proposed ordinance is exempt from environmental review, pursuant to Sections 15061(b)(3) of the CEQA Guidelines and no further environmental documentation is required. 1111 Honorable City Council 07/06/2022 Regular Meeting Page 18 NOTICING A 1/8-page ad notice of the public hearing was published in the Ventura County Star on June 5, 2022. In addition to the legally required noticing, staff also engaged the public by: • Hosting a website with information on the proposed ordinance at: https://moorparkca.gov/chainstores; • Circulating postcards in English and Spanish to properties on High Street and the surrounding community; • Highlighting the proposed ordinance in the City’s M-Powered economic development newsletter; and, • Promoting the proposed ordinance with the Moorpark Chamber of Commerce and visits to High Street Businesses. FISCAL IMPACT Aside from staff time preparing the analysis and proposed amendments to the zoning code, there are no direct fiscal impacts associated with this request. COUNCIL GOAL COMPLIANCE This action is generally supportive of City Council Goal 3: “Place and Emphasis on Economic Development with a Focus on Historic High Street to Enhance a Destination and Sense of Community” because the proposed zone text amendment introduces new regulations to protect the historic character and economic vitality of High Street. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Open the public hearing, receive public testimony, and close the public hearing; and 2. Introduce Ordinance No. ____, approving Zoning Ordinance Amendment No. 2021-03 for first reading, waive full reading, and place the Ordinance on the agenda for the July 20, 2022, regular meeting for purposes of providing second reading and adoption of the Ordinance. Attachment 1: Interim Urgency Ordinance 492 Attachment 2: Planning Commission Resolution No. PC-2022-669 Attachment 3: Draft Ordinance No. ___ 1212 ORDINANCE NO. 492 AN INTERIM URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING A MORATORIUM ON NEW FORMULA BASED RETAIL BUSINESSES ON HIGH STREET, DECLARING THE URGENCY THEREOF AND THE IMMEDIATE EFFECTIVENESS OF THIS ORDINANCE PURSUANT TO GOVERNMENT CODE SECTIONS 65858, 36934 AND 36937, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. The City Council desires to provide for the public safety, health and welfare of the residents and visitors to the City of Moorpark ("City") by exercising its police power authority under Section 7 of Article XI of the California Constitution. Based on the findings and evidence set forth below, the City Council finds that the establishment of formula based retail businesses along High Street in the City would be contrary to the character and history of the commercial and public uses on that street, would impair the goals and purpose of the Downtown Specific Plan as it pertains to High Street, and thereby alter and potentially threaten the long-term economic vitality of this street and neighborhood. B. High Street has earned widespread recognition for its old town character that makes this portion of Moorpark unique. Some of the elements that already make the street unique include historic buildings, buildings that utilize architecture typical to Moorpark's early agricultural days, and other amenities. For example, High Street is lined with California Pepper trees that are classified as Ventura County Historic Landmark No. 72 and protected by the City. Streetlights and other features along High Street have an enhanced, traditional design. The City has plans to incorporate other design elements such as hardscape and street furniture that are compatible with the current style of the architecture and history of the street. Due to this unique architectural design and development, this portion of Moorpark has been recognized by the community as an important resource by which the City can maintain its small town character but also build on that history to create a one of a kind experience for Moorpark visitors and consumers. High Street has already drawn recognition in local and regional press descriptions and is frequently captured and used in films and other media productions because of this unique character. Preserving and enhancing the economic health and unique appeal of the High Street's distinctive business offerings and attracting others is vital to the ongoing preservation and enhancement of the City, as well as the needs of its residents and visitors. ATTACHMENT 1 1313 Ordinance No. 492 Page 2 C. Goal 3 of the adopted City Council Goals for 2021-2023 establishes a priority for an emphasis on economic development with a focus on High Street to enhance this unique location as a destination and sense of community and this action is in support of that goal and the defined objectives related thereto. D. The City Council finds that maintaining a strong and diverse retail base, is critical to the success of its economy, but that not every commercial area of the City needs to look, feel and provide the same commercial experience as the others. The City recognizes that this diversity can be enhanced by a healthy blend of unique and familiar businesses which provide diverse retail opportunities for visitors and residents alike and by having different commercial uses in different portions of the City. As stated in its Land Use Element, the City prioritizes the maintenance of its suburban rural community character. Further, the City is committed to the continued revitalization of its downtown area as outlined in Goal 9 of the General Plan Land Use Element. E. The City Council further finds that there is a current and immediate threat to the public welfare presented by the establishment of formula based retail businesses on High Street that threaten to degrade High Street's unique economic balance and consumer experience. At present, a number of vacant storefronts exist along High Street that, under the City's current regulations, may be occupied by formula based retail businesses without discretionary review of the use by the City. The City seeks to avoid the proliferation of formula based uses on High Street that result in an overwhelming sense of sameness and familiarity. Instead, the City desires to encourage land uses and business elements that promote variety and charm while still leaving opportunities open for all when viewed in the context of the entirety of Moorpark's commercially zoned properties and areas. F. Allowing formula based retail businesses, without a thoughtful, careful and adequate local regulatory framework in place as to where these uses may and may not locate in Moorpark, will not adequately protect the public's welfare. As such, if the City fails to enact this moratorium, formula based retail establishments would be likely to locate on High Street and thus change the important character of this street, eliminate and degrade this special area of the City's commercial base, and thereby pose an immediate threat to the public safety, health and welfare. G. The City finds that the public welfare will be harmed without studying and evaluating the impacts associated with formula based retail as it would impact other current and future businesses and uses on High Street. Moorpark desires to welcome a mix of businesses to the City overall while maintaining the unique small-town feel and independent commercial character of the older, downtown area along High Street. The land uses and businesses on High Street are comprised of a conglomerate of styles, character, and images that are historically based. Maintaining these community characteristics on High Street creates a distinct consumer experience. While 2.5 percent or approximately 189 acres of Moorpark's total land area is zoned for commercial use, historic High Street is the only portion of the City where the City desires to limit retail offerings to those that are distinctly local. 1414 Ordinance No. 492 Page 3 H. Moreover, precluding formula based retail businesses from operating on High Street will not preclude these businesses from locating and operating in Moorpark. Moorpark has many other commercial centers and properties, particularly along and near Los Angeles Avenue, in the heart of the City, that provide multiple options for the establishment of formula based retail businesses. Thus, even with this moratorium, formula based businesses will be able to locate and operate in many other commercial areas of the City. I. The City Council finds that this Interim Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061 (c)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) and 15378 (the activity is not a project under CEQA) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. This is because the moratorium adopted by this Interim Ordinance merely prohibits uses that have significant impacts on public health, safety and welfare, and does not permit any development that could result in a significant change to the environment. Furthermore, the moratorium established by this Interim Ordinance is temporary pending the study and investigation of regulatory tools to address the impacts created by formula based retail. In addition, the Interim Ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines, because this ordinance is a regulatory action taken by the City in accordance with California Government Code Section 65858 to assure maintenance and protection of the environment pending further review of the potential impacts of formula based retail in the City and completion of contemplated Zoning Ordinance revisions. SECTION 2. Definitions A. "Array of merchandise or menu" means 50 percent or more of in-stock merchandise or menu items. B. "Color scheme" means the selection of colors used throughout, such as on the furnishings, wall coverings, or as used on the facade. Standardized lighting is considered part of the color scheme. C. "Decor" means the style of interior finishes such as the style of furniture, wall coverings, or permanent fixtures. D. "Facade" means the face of the front of a building or tenant space oriented onto a street or public open space. Awnings are considered part of the facade. E. "Formula based retail business" means any type of retail sales activity and/or retail service activity conducted within a retail establishment which, along with five or more existing operational retail establishments in the world, maintains two or more of the following features: 1) standardized array of merchandise or menu; 2) standardized color scheme; 3) standardized decor; 4) standardized fa9ade; 5) standardized layout; 6) standardized signage, servicemark, or trademark; or 7) uniform apparel. 1515 Ordinance No. 492 Page4 F. "Layout" means the interior arrangement of furniture, service area, or permanent fixtures. G. "Servicemark" means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of a service from one party from those of others. H. "Trademark" means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of the goods from one party from those of others. I. "Uniform apparel" means standardized items of clothing such as aprons, pants, shirts, dresses, hats and pins (other than name tags), as well as standardized colors of clothing. J. "Retail establishment" means a commercial establishment that provides goods and/or services directly or indirectly to the consumer such as general retail, eating and drinking places, beauty, personal services, professional office, amusement, health, fitness and galleries. K. "High Street Properties" means lots or parcels of land that have a front or side yard abutting High Street in the City of Moorpark, from the westerly terminus of High Street west of Moorpark Avenue to 500 feet east of the intersection of Princeton Avenue and Spring Road, as depicted in Exhibit A to this Ordinance. SECTION 3. Moratorium Established; Exceptions A. The City of Moorpark hereby establishes a moratorium on new formula based retail businesses on High Street Properties. Formula based retail businesses shall constitute a prohibited use on High Street Properties under Title 17 of the Moorpark Municipal Code and no building permit, business regulatory permit, zoning clearance, or other entitlement may be issued for the purposes of authorizing such use. B. Notwithstanding subsection A, the moratorium shall not apply to any of the following: 1. Formula based retail businesses that are legally in operation on the date of adoption of this Ordinance, as demonstrated by an approved Business Registration Permit issued by the City of Moorpark. 2. Any formula based business for which all necessary discretionary approvals have been granted and for which all applicable entitlements have been issued before the close of business on the day this Ordinance takes effect. SECTION 4. Penalty A violation of any provision of this Interim Ordinance shall constitute a violation of the Municipal Code and is subject to all applicable penalties, fines, and remedies described in Chapter 1.10 of the Moorpark Municipal Code. Each and every day a 1616 Ordinance No. 492 Page 5 violation of this Interim Ordinance exists shall constitute a separate and distinct violation of the Municipal Code. SECTION 5. Term of Moratorium This Interim Ordinance shall expire, and the moratorium established hereby shall terminate on October 16, 2021, which is 45 days after the date of adoption, unless extended by the City Council at a noticed public hearing pursuant to California Government Code Section 65858. Alternatively, the City Council may terminate the Interim Ordinance prior to its expiration date of October 16, 2021, upon the adoption of a permanent ordinance that regulates formula based retail. SECTION 6. Investigation and Report During Term of Moratorium During the term of this Interim Ordinance, the Community Development Director is directed to continue studying appropriate regulatory tools to mitigate the conditions outlined in Section 1 that arise out of the establishment of formula based retail businesses on High Street Properties, including but not limited to the prohibition of all such uses. The Community Development Director is further directed to report back to the City Council with his or her findings and a proposed ordinance to implement the recommended course of action. SECTION 7. Effective Date; Findings of Urgency; and Duration A. This Interim Ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 65858, 36934 and 36937, and shall take effect immediately upon its adoption. Based upon the findings set forth in Section 1 above, the City Council finds and determines that the adoption of this Interim Ordinance is an urgency ordinance authorized by Government Code Section 65858, and is necessary for the immediate preservation of the public health, safety, and welfare. B. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the Interim Ordinance for either 10 months and 15 days (so as to have the moratorium remain in effect for a full one-year period) or up to 22 months and 15 days (for a full two-year period), if necessary. The Community Development Director and the City Clerk's Office shall undertake all actions legally necessary to extend this Interim Ordinance in the event the studies and reports desired by the City Council will not be concluded on or before the 45th day subsequent to the adoption of this Interim Ordinance. SECTION 8. Severability If any provision of this Interim Ordinance, the application thereof to any person or circumstance, or the moratorium on formula based retail, such invalidity shall not affect other provisions, moratoria, or applications of this Interim Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Interim Ordinance irrespective of the invalidity of any particular portion thereof. 1717 Ordinance No. 492 Page 6 SECTION 9 . Publication The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 1st day of September, 2021. ATTEST: 1818 Ordinance No. 492 Page 7 l ii 01 g .,. _, 0 I '.)I. ,. a ;;; J ii." l ii II f.1l IS) 0) l' 0 CX> ..... N 0 ..... N 0 N ... t EXHIBIT A -HIGH STREET PROPERTIES T rr, r,r, 1 ai\\fW)WtlO I · . 1· L j I McFa dd~-"' e 1 l l 1 1 I I ,. J l I Moofl)a ¼ve LI I 1$PJ88 I ..J11 0 '17 1SPJOtl!W r ~ t> "' arrySt Spring Rd ills t 1$J0Uj~ 1919 Ordinance No. 492 Page 8 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ss . I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 492 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1st day of September, 2021 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Castro, Enegren, Pollock and Mayor Parvin None Councilmember Groff None WITNESS my hand and the official seal of said City this 1st day of September, 2021. City Clerk seal) 2020 RESOLUTION 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 ATTACHMENT 2 2121 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. 2222 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 2323 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 2424 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) 2525 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 FNetworkMapandwithorwithoutacaretakerdwelling 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 2626 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: 2727 Resolution No. PC -2022-669 Page 8 CPD Zones C -O C-1 C_ M-1M-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, 2828 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 2929 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 3030 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 3131 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. 3232 ORDINANCE NO.___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING 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 Commission directed staff to amend the title of Section 17.28.090 to “Chain Stores and Aesthetics on High Street”, remove “retail service” from the definition of Chain Store 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 voted 4-0-1 to adopt Resolution No. PC-2022-669 recommending approval of Zoning Ordinance Amendment No. 2021-03 to the City Council; and ATTACHMENT 3 3333 Ordinance No. ___ Page 2 WHEREAS, at a duly noticed public hearing on June 15, 2022, the City Council considered Zoning Ordinance Amendment No. 2021-03, opened the public hearing, and considered public testimony, and continued the item to the regular City Council meeting on July 6; and WHEREAS, at a duly noticed public hearing on July 6, 2022, the City Council considered Zoning Ordinance Amendment No. 2021-03, opened the public hearing, and considered public testimony, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the City Council finds that the proposed Zoning Ordinance Amendment is in the public interest and reflects the input from residents, decision makers, and other community stakeholders and will serve to protect the public health, safety, and general welfare by defining Chain Stores and regulating their development in the Old Town Commercial (C-OT) zone; 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 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 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; and 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 this new land use regulation may have a significant effect on the environment and adoption of a Municipal 3434 Ordinance No. ___ Page 3 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council 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 (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 this new 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. SECTION 2. The City Council hereby approves Zoning Ordinance Amendment No. 2021-03, which amends 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 and to establish regulations related to the operation of chain stores on High Street. SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, part or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. 3535 Ordinance No. ___ Page 4 SECTION 5. 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 20th day of July 2022. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Exhibit A – Zoning Ordinance Amendment No. 2021-03 3636 Ordinance No. ___ Page 5 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 part 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: 1) 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. 3737 Ordinance No. ___ Page 6 “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. 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: Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I A. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 ZC ZC 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 required) CUP AP* AP* AP* AP* b. Beer, wine, and other alcoholic beverages CUP CUP CUP CUP CUP 3. Automobile/light 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 [100] feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* AP* b. Car washes, self-service or automatic with or without automotive services stations CUP CUP c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting CUP CUP 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 without beer and wine sales for off-site consumption CUP CUP 4. Body piercing and/or tattoo CUP 3838 Ordinance No. ___ Page 7 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* CUP CUP 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed and breakfast inns when in compliance with Chapter 5.44 CUP CUP CUP CUP 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 private school) CUP CUP CUP 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area AP 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area AP 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 required) AP* AP* 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 (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP CUP AP* 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling CUP 18. Recycling centers CUP CUP CUP 19. Recycling drop-off bins when located in an area determined by the community development director not to be in conflict with parking, vehicle, or pedestrian circulation ZC ZC ZC ZC ZC ZC 20. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* AP* 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 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, ZC ZC ZC 3939 Ordinance No. ___ Page 8 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party 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 residentially zoned property a conditional use permit is required) AP* 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 be computed on the basis of the cumulative total floor area of the industrial planned development (IPD) AP AP 24. Retail sales (temporary) in the M-1 and M-2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance TUP TUP 25. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 AP AP 26. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 CUP b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than retail smoking products stores AP AP AP AP 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 Hemp a. Industrial hemp product retail sales, stand-alone retail store (*consistent with the requirements of Chapter 17.28.080) ZC ZC ZC ZC b. Industrial hemp product retail sales, accessory (sales display area limited to a maximum of 5% of the retail floor area of the establishment in which it is located) NZC NZC NZC NZC B. Eating and Drinking Places 1. Bars with or without entertainment including, but not limited to, cocktail lounges, cabarets CUP CUP CUP CUP 2. Breweries, microbreweries, wineries/tasting rooms with or without restaurant and with or without outdoor seating and with or without entertainment CUP CUP CUP CUP 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on-site or 4040 Ordinance No. ___ Page 9 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I off-site consumption in accordance with the restrictions below: 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 100 feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* AP* AP* b. With drive-in or drive-through facilities (sale of alcoholic beverages from the drive-in or drive-through facilities is prohibited) with or without outdoor seating (Only permitted in the CPD Zone) CUP C. Office and Professional Uses 1. Financial services a. Banks and other financial institutions, except those set forth below ZC ZC ZC ZC ZC b. Check cashing, payday loan, and vehicle title loan establishments (Only permitted 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, 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 ZC ZC ZC ZC ZC ZC 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on- site for medical purposes shall not be considered boarding) AP AP AP AP AP AP 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 dedicated to massage services (Only permitted in the CPD Zone) CUP b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provided that less than 20% of the floor area is dedicated to massage services ZC ZC ZC ZC 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 buses CUP 4141 Ordinance No. ___ Page 10 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I 4. Manufacturing and assembly, including, but not limited to, appliances, cabinets, cleaners, clothing, computers, 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) ZC* ZC* 5. Outdoor storage when in conjunction with a city 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) CUP AP* AP* 6. Self-storage or mini storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling CUP CUP 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 cafés 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 residentially zoned property a conditional use permit is required) AP* AP* AP* AP* c. Auditoriums, community centers, dancehalls, and indoor motion picture theaters CUP CUP CUP CUP CUP d. Billiard and pool establishments, and bowling alleys, with or without alcohol CUP CUP 2. Care facilities, including adult day care facilities, 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 CUP CUP CUP 4242 Ordinance No. ___ Page 11 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I 3. Emergency shelters in compliance with the requirements of Chapter 17.28 (*allowed in C-2 zone only, not permitted in CPD zone; emergency shelters are also allowed in conjunction with permitted places of religious assembly) ZC* 4. Single room occupancy unit development in compliance with the requirements of Chapter 17.28 (*allowed in C-2 zone only, not permitted in CPD zone) ZC* 5. Clubhouses, social clubs, service clubs with or without alcohol CUP CUP 6. Energy production from renewable resources CUP CUP 7. Governmental uses including, but not limited to, city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities CUP CUP CUP CUP CUP CUP CUP 8. Hospitals including urgent care (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* AP* 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 residentially zoned property a conditional use permit is required) CUP AP* AP* AP* AP* CUP CUP 10. Private education facilities including, but not limited to, colleges and universities, elementary, middle, and high schools CUP 11. Private training facilities including, but not limited to, 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) CUP CUP AP* AP* AP* 12. Recreational facilities (private), indoor or outdoor, 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) AP* AP* CUP 13. Utility structures (electrical boxes, transformers and 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) AP AP AP AP AP AP AP 14. Wireless communications facilities, in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP CUP CUP CUP CUP CUP CUP b. Minor wireless communications facilities AP AP AP AP AP AP AP c. Collocation wireless communications facilities (consistent with definition of “collocation facility” in Section 17.42.020) ZC ZC ZC ZC ZC ZC ZC 4343 Ordinance No. ___ Page 12 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP 2. Retail shops and services as listed in 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 AP 3. Temporary motion picture, television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 TUP TUP TUP TUP TUP TUP TUP 4. Temporary uses including, but not limited to, carnivals, 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 TUP TUP TUP TUP TUP TUP TUP 5. Drive-through facilities associated with permitted uses in the zone other than eating and drinking places (Not allowed in C-2 Zone) CUP CUP 6. Cultivation of industrial hemp 1 If the proposed use is determined to be a Chain Store, see Section 17.28.090 (Chain Stores and Aesthetics on High Street) 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. Purpose. The purpose of this section is to regulate 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. 4444 Ordinance No. ___ Page 13 C. Responsibility of Chain Store Use Determination. 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; 4. The Chain Store shall fully comply with all applicable regulations of the Zoning Ordinance including adherence to the design guidelines 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 4545 Ordinance No. ___ Page 14 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. 4646