HomeMy WebLinkAboutAGENDA REPORT 2022 0426 REG PC ITEM 08BNOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Consider a Resolution Recommending That the City Council Approve
Zoninq Ordinance Amendment No. 2021-03 Amending Chapters 17.08
(Definitions) 7.20 (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.
was held at a regular meeting on April 26, 2022, at which time the Planning Commission
continued the open public hearing to a Regular Planning Commission meeting to be held
at 7:00 p.m. on May 24, 2022, in the Community Center located at 799 Moorpark Avenue,
Moorpark, California.
Posted: April 27, 2022.
Kai Valen'cia, Administrative Specialist
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Kat Valencia, declare as follows:
That I am the Administrative Specialist to the Planning Commission of the City of Moorpark
and that a Notice of Continuance of Open Public Hearing regarding:
Consider a Resolution Recommending That the City Council Approve
Zoning Ordinance Amendment No. 2021-03 Amending Chapters 17.08
(Definitions), 7.20 (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.
continued from April 26, 2022, to May 24, 2022, was posted on April 27,
2022, at a conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 27, 2022.
Kat Valencia, Administrative Specialist
CITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of April 26, 2022
ACTION: Public Hearing Item Was Continued
to the Next Regular Meeting of The
Planning Commission.
BY: J. Lugo
A.Consider Resolution No. PC-2022-669, Recommending That the City Council
Approve Zoning Ordinance Amendment No. 2021-03 Amending Chapters 17.08
(Definitions), 7.20 (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. Staff
Recommendation: 1) Open the public hearing, accept public testimony, and close
the public hearing; and 2) Adopt Resolution No. PC-2022-669 recommending to the
City Council adoption of an ordinance approving Zoning Ordinance Amendment
No. 2021-03. (Staff: Adam Pisarkiewicz)
Item: 8.B.
Item: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Adam Pisarkiewicz, Contract Planner
DATE: 4/26/2022 Regular Meeting
SUBJECT: Consider a Resolution Recommending That the City Council Approve
Zoning Ordinance Amendment No. 2021-03 Amending Chapters 17.08
(Definitions), 7.20 (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.
STAFF RECOMMENDATION
1.Open the public hearing, accept public testimony, and close the public
hearing; and
2.Adopt Resolution No. PC-2022-669 recommending to the City Council
adoption of an ordinance approving Zoning Ordinance Amendment No.
2021-03.
BACKGROUND
There are currently no 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 the with on-site service
of beer and wine within an existing 4,194 square-foot building located at the northeast corner 1
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April 26, 2022
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of High Street and Moorpark Avenue. Conditional Use Permit No. 2019-06 associated with
this project was approved by the Planning Commission in February 2020.
•233 HIGH STREET – A request to renovate the interior floor space to enhance the
building and accommodate a potential food tenant. The request also includes the addition
of a new entrance and outdoor seating area along the west of the building, along with a trash
enclosure and associated site improvements. A building permit was approved for this
project and construction is currently underway.
•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, 20201.
•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.
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 2
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April 26, 2022
Page 3
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 an interim Urgency Ordinance
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.
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 interim ordinance. Staff had selected this
are given its unique character and history. 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) is not affected by the interim
ordinance.
Figure 1: Properties subject to the Chain store Moratorium are highlighted in blue
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.
ANALYSIS
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 3
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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 capture key data that would assist Staff in preparing the draft ordinance.
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 way. 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. See Attachment 2 for the Public Outreach Summary Report.
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 17.087 Definitions
The terms “formula retail” and “formula establishment” was changed to “chain store” in
the proposed ordinance. Additionally, the criteria of five or more establishments worldwide
was changed to ten or more establishments worldwide, in order to allow for more local or
regional establishments that have less than ten locations but more than five. 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. 4
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“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 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.
“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), 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. 5
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Figure 2: Chain stores are current 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) 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 Conditional Use Permit at
the discretion of the Planning Commission. The existing CUP findings from Section
17.44.040.D (Conditional Use Permit (CDP)) 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):
6
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17.28.090
CHAIN STORES
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, and that no
such establishment shall project a visual appearance that is homogeneous with its
establishments in other communities.
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;
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 7
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April 26, 2022
Page 8
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
land uses and associated impacts by prohibiting warehousing, manufacturing, and
processing of industrial hemp within the City. 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.
NOTICING
A notice of the public hearing was published in the Ventura County Star in a 1/8-page ad
on April 15, 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;8
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-Highlighting the proposed ordinance in the City’s M-Powered economic
development magazine; and
-Promoting the proposed ordinance with the Moorpark Chamber of Commerce and
visits to High Street businesses.
ATTACHMENTS
Attachment 1: Draft Planning Commission Resolution No. PC-2022-669 and
Exhibit A, Draft Zoning Ordinance Amendment Text
Attachment 2: Public Outreach Summary Report
9
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, at duly noticed public hearing on April 28, 2021, the Planning
Commission considered Zoning Ordinance Amendment No. 2021-03, the agenda report a.
n. d. 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
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 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
PC ATTACHMENT 1
10
Resolution No. PC-2022-669
Page 2
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.
SECTION 3. Filing of Resolution: The Community Development Director
shall cause a certified resolution to be filed in the book of original resolutions.
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Resolution No. PC-2022-669
Page 3
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 26th day of April 2022.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
Exhibit A – Zoning Ordinance Amendment
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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
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.
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Resolution No. PC-2022-669
Page 5
“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.
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
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Resolution No. PC-2022-669
Page 6
Zones C-O C-1
CPD
C-2
C-
OT1 M-1 M-2 I
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
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,
ZC ZC ZC
15
Resolution No. PC-2022-669
Page 7
Zones C-O C-1
CPD
C-2
C-
OT1 M-1 M-2 I
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
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
16
Resolution No. PC-2022-669
Page 8
Zones C-O C-1
CPD
C-2
C-
OT1 M-1 M-2 I
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:
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
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Resolution No. PC-2022-669
Page 9
Zones C-O C-1
CPD
C-2
C-
OT1 M-1 M-2 I
3. Heavy machinery repair, including trucks, tractors, and
buses CUP
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
CUP CUP CUP
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Resolution No. PC-2022-669
Page 10
Zones C-O C-1
CPD
C-2
C-
OT1 M-1 M-2 I
intermediate care facilities, social rehabilitation facilities,
and therapeutic day services facilities
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
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Resolution No. PC-2022-669
Page 11
Zones C-O C-1
CPD
C-2
C-
OT1 M-1 M-2 I
c.Collocation wireless communications facilities
(consistent with definition of “collocation facility” in
Section 17.42.020)
ZC ZC ZC ZC ZC ZC ZC
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) for supplemental
requirements.
17.28.090
CHAIN STORES
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, and that no
such establishment shall project a visual appearance that is homogeneous with its
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Resolution No. PC-2022-669
Page 12
establishments in other communities.
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;
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 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.
21
City of Moorpark
Formula Retail Ordinance ProjectPublic Outreach Summary Report
January 2022
PC ATTACHMENT 2
22
Table of Contents
Purpose of this Report 1
Cactus Patch Outreach Event Summary 1
Online Outreach Survey 2
Outreach Survey Results 3
Conclusion and Next Steps 7
Formula Retail Ordinance ProjectPublic Outreach Summary Report
23
Purpose of this Report
Cactus Patch Outreach Event Summary
Formula Retail Ordinance ProjectPublic Outreach Summary Report
Figure 1: English and Spanish flyer advertising the event
Figure 2: Moorpark Acorn headline
The purpose of this report is to summarize and evaluate the public outreach measures
undertaken by the City as well as the responses that were received from residents and local
business owners. To ensure a fair and equitable process in crafting the permanent Formula
Retail Ordinance, the City wanted to reach out to local stakeholders, particularly those that live
near or own businesses on High Street. The feedback from residents and business owners must
be considered and incorporated into the Ordinance when practical. Similar to the Case Study
Analysis and Recommendations Report, the goal is to utilize the public’s feedback to tailor the
Formula Retail Ordinance to the needs of Moorpark’s present and future.
This report summarizes the City’s outreach efforts and evaluates the responses which will
provide further direction for drafting the permanent Formula Retail Ordinance.
On December 9, 2021, the City hosted an open house-style workshop at the Cactus Patch Restaurant, located at 197 High Street. After advertising the event on the City’s website and social media as well as distributing mailers and handouts translated in English and Spanish (Figure 1) to residents and businesses around High Street, the City hoped to generate interest on the issue of chain stores in the immediate area and have the public weigh in on how the law should be written. After garnering a robust response to the Facebook post advertising the meeting, roughly 20 residents and business owners came to Cactus Patch to have informal, one-on-one discussions with City staff and the City’s consultant.
The event also drew the interest of local media, with a reporter from the Moorpark Acorn attending the event and speaking with attendees and City staff. The Acorn published an article on December 17, 2021 documenting the feedback they received (Figure 2).
The feedback received at the event covered a wide spectrum of opinions, ranging from allowing chain stores along High Street to an outright ban along with middle-ground options for allowing chain stores under strict conditions. Existing business owners in particular expressed the desire to be able to potentially sell their business or property to a chain corporation.
24
Online Outreach Survey
Formula Retail Ordinance ProjectPublic Outreach Summary Report
The City created a short questionnaire containing four questions to help guide the discussion at the Cactus Patch outreach event, provide feedback on critical aspects of the ordinance, and help provide a record of the feedback received.
The nature of the questions were meant to get respondents to think holistically about High Street and the desired types of commercial establishments which led into more specific questions about how the City should approach regulating chain stores. Additionally, a question was intended to provoke a conversation on the overall architectural and historical character of High Street and if the enhancement of that existing character should be the priority moving forward. Depending on the outcome of the ordinance, it is helpful to know the value that the community places on maintaining the historic character of the street within the context of future development.
While City staff received valuable and helpful feedback from the attendees of the Cactus Patch event, there was a need to reach more residents and business owners to build consensus around the direction of the ordinance. The questionnaire was then turned into an online survey in English and Spanish and posted to the City’s website and social media. The survey was available December 13th through the 27th, 2021. In total, 273 people responded to the online survey, including one survey in Spanish, and 12 attendees responded to the survey at the Cactus Patch Outreach Event. In addition, on December 16, 2021, the City received a letter from a business owner sharing concerns about the allowable uses on High Street.
The following table displays the four questions that were included in the survey:
1.What types of businesses do you wish to see along High Street? Please specify the generaltypes of businesses such as restaurants or bookstores rather than names of existingbusinesses.
2.Should the City prioritize independent businesses along High Street?
3.Should the City consider a “chain store” to be an establishment with 5 or more locationsnationwide? 10 or more locations?
4.In order to maintain the distinctive character of High Street, does the design of a newbuilding matter more than the use inside of it.
Survey Questions
Pages 3 through 6 of this report provide a breakdown of the responses to each question. The breakdown includes the responses that were received at the Cactus Patch event.
25
Outreach Survey Results - Question #1
What types of businesses do you wish to see along High Street? Please specify the general types of businesses such as restaurants or bookstores rather than names of existing businesses.
1.Restaurants - 165
2.Specialty Food (Coffee/Ice Cream/Bakery/Cafe) - 128
3.Boutique Retail (Bookstore, Clothing, Gift Shop) - 99
4.Brewery/Wine Bar/Bar - 61
5.Art Gallery/Store - 16
6.Studios (Yoga, Martial Arts) - 8
Formula Retail Ordinance ProjectPublic Outreach Summary Report
26
Outreach Survey Results - Question #2
Should the City prioritize independent businesses along High Street?
1.Yes - 184
2.No - 80
3.Mixed/Balanced Approach - 20
Formula Retail Ordinance ProjectPublic Outreach Summary Report
27
Outreach Survey Results - Question #3
Should the City consider a “chain store” to be an establishment with 5 or more locations nationwide? 10 or more locations?
1.5 or more - 52
2.10 or more - 41
3.No Chain Stores - 34
4.“Yes” - 5-10 or more - 31
5.No Restriction - 27
6.20-100 - 20
Formula Retail Ordinance ProjectPublic Outreach Summary Report
28
Outreach Survey Results - Question #4
In order to maintain the distinctive character of High Street, does the design of a new building along High Street matter more than the use inside of it?
1.Design Matters More - 122
2.Use Matters More - 89
3.Equal - 51
Formula Retail Ordinance ProjectPublic Outreach Summary Report
29
Conclusions
Next Steps
Formula Retail Ordinance ProjectPublic Outreach Summary Report
•While restaurants were clearly the seen as the most desired type of establishment, theprevalence of specialty food and boutique retail points to a desire for independentlyowned establishments. Specialty food and boutique retail establishments tend to be smalland independently owned or very small-scale chains, giving an indication that smallerestablishments, focused on singular goods or services, would be welcomed by mostresidents.
•The responses to Question #2 align with the responses to Question #1. The respondentsfeel the City should prioritize independent businesses along High Street to help enablerestaurants, specialty food, and boutique retail establishments to locate there.
•While Question #3 refers to a specific provision of the Urgency Ordinance, it is necessaryto evaluate the guardrails of the ordinance in terms how the City will be defining a “chainstore” in its Municipal Code going forward. The physical copy of the questionnaire includedexamples of local and regional chains each with their respective amount of establishmentsto provide context. While there was no clear choice in responses, the results display a desirefor some sort of restriction within the definition of “chain stores”.
•The results of Question #4 indicate that any new development along High Street mustrespect and enhance the existing character. Most respondents were not willing tocompromise on character for the sake of new development. The responses lead to anopinion in favor of preserving and enhancing High Street’s existing character to ensure thatfuture development does not overrun what respondents hope to be a vibrant Old Town withan array of independent businesses.
•Overall, the results of the outreach event and the online survey show that there is a desireto regulate chain stores along High Street and that residents care about how the area willevolve over the coming years with new development. At the same time, many businessowners along High Street expressed the desire to have the freedom to sell their business orproperty to a larger entity, which would likely be considered a chain store under the existingUrgency Ordinance. Balancing the desires of residents at-large with the needs of HighStreet’s existing business owners has emerged as the key theme from the outreach efforts.
The next phase of the Formula Retail Ordinance Project is to begin drafting the permanent ordinance, based on the information gleaned from the Case Study Analysis and Recommendations Report as well as the feedback received from the public.
The draft ordinance should aim for a balanced approach, given there was not overwhelming consensus to ban chain stores outright nor allow them without restriction. The first draft will seek to create a process that allows for chain stores under certain circumstances with strict conditions. By creating a specific process for proposed chain stores on High Street, the City will in-effect be prioritizing the development of independent establishments but also allowing for existing businesses and property owners to have the freedom to sell to larger commercial entities.
30