HomeMy WebLinkAboutAGENDA REPORT 2022 0720 CCSA REG ITEM 11ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 20, 2022
ACTION APPROVED ORDINANCE NO.
503. (ROLL CALL VOTE: 3-0,
COUNCILMEMBERS CASTRO AND
GROFF RECUSED)
BY A. Hurtado.
A. Consider Ordinance No. 503 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. Staff Recommendation: Waive full reading, declare Ordinance No. 503
read for the second time, and adopted as read. (ROLL CALL VOTE REQUIRED)
Item: 11.A.
ORDINANCE NO. 503
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Ordinance No. 496 which superseded Interim Urgency Ordinance No. 492 and imposed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 servic e” 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, 2 022, 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
Item: 11.A.
801
Ordinance No. 503
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 healt h, 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
802
Ordinance No. 503
Page 3
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.
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 c hain
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.
803
Ordinance No. 503
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
804
Ordinance No. 503
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 con sidered
part of the color scheme.
“Chain Store” means any type of retail sales activity and/or retail service 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.
805
Ordinance No. 503
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
806
Ordinance No. 503
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
807
Ordinance No. 503
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
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Ordinance No. 503
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
809
Ordinance No. 503
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
810
Ordinance No. 503
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 p ermitted 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
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Ordinance No. 503
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 t he 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.
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Ordinance No. 503
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
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Ordinance No. 503
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.
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