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HomeMy WebLinkAboutAGENDA REPORT 2022 0524 REG PC ITEM 08ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of May 24, 2022 ACTION: Approved Staff Recommendation, Including Adoption of Resolution No. PC-2022-669. 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 in Anticipation of the Interim Urgency Ordinance Expiration on August 21, 2022. Staff Recommendation: 1) Re-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. (Consultant: Adam Pisarkiewicz) Item: 8.A. Item: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Adam Pisarkiewicz, Contract P lanner DATE: 5/24/2022 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 in Anticipation of the Interim Urgency Ordinance Expiration on August 21, 2022. STAFF RECOMMENDATION 1.Re-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. ADDITIONAL OPTION FOR PLANNING COMMISSION 3.Adopt Resolution No. PC-2022-670 recommending to the City Council that they consider the zoning ordinance amendment without a recommendation from the Planning Commission. 1 Honorable Planning Commission May 24, 2022 Page 2 The Planning Commission’s public hearing on April 26, 2022 , resulted in a continuance of Zoning Ordinance Amendment No. 2021 -03. After public testimony, during which the Commission received comments both in support and opposition to the proposed ordinance. After hearing public comment and Planning Commission discussion, the Planning Commission was unable to gain consensus on recommending the ordinance to the City Council. Prior to voting on a continuance of the ordinance, the Commissioners deliberated to provide staff concise direction on how the ordinance should be amended and elements of the ordinance that needed further analysis. The Planning Commission ultimately directed (4-0-1 abstention) that staff return with the following changes to the ordinance and additional information: 1.Retitling Section 17.28.090 from “Chain Stores” to “Chain Store Aesthetics on High Street”; 2.Removing “retail service” from the proposed definition of Chain Store in order to allow for commercial offices that might qualify as a Chain Store to not be subject to the proposed ordinance; 3.A summary of the anticipated costs and timing associated with the Conditional Use Permit (CUP) application; 4.Exploring whether Chain Store applications and the provisions of this ordinance could be reviewed and approved through the existing administrative permit process by the Community Development Director, rather than a CUP; and, 5.Clarification of how Chain Store signs would be regulated under the proposed ordinance. ANALYSIS An analysis of the directives given by the Planning Commission is provided below: 1.Retitling Section 17.28.090 from “Chain Stores” to “Chain Store Aesthetics on High Street”. In consideration of the amending the title of Section 17.28.090, staff recommends changing the title to “Chain Stores and Aesthetics on High Street.” The inclusion of “and” to the title denotes that aesthetics are one element of the proposed ordinance rather than the entirety. In Section 17.28.090, three out of the four recommended findings that must be made in order to approve the CUP directly relate to regulating the proliferation of chain stores along High Street. The last finding relates specifically to aesthetics but given that it is only one of four findings, titling the ordinance “Chain Store Aesthetics on High Street” could potentially misrepresent the intent of the ordinance and its content. It is also important to note that the direction that the City Council provided in initiating this Zoning Ordinance Amendment specifically concerned chain stores. Additionally, public input received noted concerns 2 BACKGROUND Honorable Planning Commission May 24, 2022 Page 3 regarding chain stores specifically and a preference for supporting independent retail uses, in addition to the related aesthetic impacts. Therefore, staff recommends amending the title of Section 17.28.090 to “Chain Stores and Aesthetics on High Street”. 2. Removing “retail service” from the proposed definition of Chain Store in order to allow for commercial offices that might qualify as a Chain Store to not be subject to the proposed ordinance . Commissioners noted that the current definition of Chain Store and its associated criteria could potentially limit businesses that operate commercial offices, such as franchise insurance brokers or real estate agents affiliated with larger companies that may be subject to the chain store regulations. The term “retail service” has been eliminated from the proposed Chain Store definition in order to exempt commercial office uses from being considered a “Chain Store”. The elimination of retail service from the definition narrows the scope of the ordinance to apply only to retail sales activity. “Chain Store” means any type of retail sales activity conducted within a retail establishment which, along with ten (10) or more existing operational retail establishments in the world, maintains two or more of the following features: 1) standardized array of merchandise or menu; 2) standardized color scheme; 3) standardized decor; 4) standardized facade; 5) standardized layout; 6) standardized sign, servicemark, or trademark; or 7) uniform apparel. 3. A summary of the anticipated costs and timing associated with the conditional use permit (CUP) application; The City requires a deposit for all CUP applications rather than a flat fee. City staff bills the applicant according to time spent CUP application review, legal noticing, and preparation for the public hearing. If approved, Staff estimates that review of chain s tore CUP requests would be a relatively straightforward process with clearly defined application submittal requirements that would minimize the costs incurred by the applicants. Unlike CUP requests for alcohol, chain store CUP applications would not requi re review of other departments, which would also control costs. Conditional use permits generally take two months to be processed from receipt to Planning Commission hearing; however, this timeframe depends on the quality and completeness of the initial application material. Staff is currently engaged in a comprehensive fee study that will evaluate the conditional use permit fee. If the proposed chain store ordinance is approved, Staff would work with the fee consultant to scope out a fee specific to thi s application and the estimated costs incurred by the City to process. 4. Exploring whether Chain Store applications and the provisions of this ordinance could be reviewed and approved through the existing administrative permit process approved by the Community Development Director, rather than a conditional use permit. Chapter 17.20 (Uses by Zone) currently allows for most retail in the Old Town Commercial (C -OT) zoning district to be approved either through the zoning clearance or administrative 3 Honorable Planning Commission May 24, 2022 Page 4 permit process, both of which are approved by Community Development Department staff, with the exception of some uses such as those involving the sale of alcohol which require a conditional use permit approval from the Planning Commission . The intent of the proposed ordinance is for chain store retailers, that could have a potentially detrimental effect on High Street’s historic character, to have a higher level of review to ensure there isn’t an overconcentration of chain stores on High Street, there is an appropriate balance of commercial uses, and to allow for the Downtown Specific Plan’s design guidelines to be enforced through an official approving authority at a public hearing. Amending the ordinance to allow for Chain Stores to be approved either through an administrative permit would then force the Community Development Director to make the discretionary findings and dictate adherence to the design guidelines, without very limited public comment or opportunity for input. The Planning Commission is an appointed body of community representatives. Staff believes that the level of discretion required to determine the findings associated with the proposed ordinance are more appropriate for consideration by the Planning Commission, rather than a City staff member. Therefore, staff does not recommend amending the ordinance to allow for review of chain stores through an administrative process. 5. Clarification of how Chain Store signs would be regulated under the proposed ordinance. The City Council provided direction to consider a regulation regarding chain stores on High Street. While aesthetics (including signage) is a factor to be considered, a comprehensive update to the sign regulations has more broad implications and has not been considered as part of this project. Signs are not being regulated beyond the requirements of existing Municipal Code Chapter 17.40 (Sign Regulations) within the proposed ordinance. The Downtown Specific Plan contains minimal guidance on sign design be yond recommended lamp types for lighting signs. “Standardized sign” is only one of seven criteria that could be incorporated when determining if a proposed retail use is a chain store . The proposed ordinance does not create any new standards for chain store signs on High Street. Any amendments to Chapter 17.40 (Sign Regulations) or amendments to the Downtown Specific Plan to include sign standards would have to be initiated by the City Council. As a separate but related action, staff will be preparing an up date to the Zoning Code (Chapter 17) intended to implement the new General Plan. This effort is anticipated to begin later in the Summer and culminate in early 2023. The zoning code update may provide an opportunity for public input leading to new regula tions for signage as well as a reflective review of the chain store ordinance, if approved. Therefore, staff does not recommend expanding the scope of the proposed ordinance to include amendments to the City’s existing sign standards. 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) 4 Honorable Planning Commission May 24, 2022 Page 5 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. “Array of merchandise or menu” means 50 percent or mo re of in-stock merchandise or menu items. “Color scheme” means the selection of colors used throughout, such as on the furnishings, wall coverings, or as used on the facade. Standardized lighting is considered part of the color scheme. “Chain Store” means any type of retail sales activity conducted within a retail establishment which, along with ten (10) or more existing operational retail establishments in the world, maintains two or more of the following features: 1) standardized array of merchandise or menu; 2) standardized color scheme; 3) standardized decor; 4) standardized facade; 5) standardized layout; 6) standardized sign, servicemark, or trademark; or 7) uniform apparel. “Decor” means the style of interior finishes such as the style of furniture, wall coverings, or permanent fixtures. “Facade” means the face of the front of a building or tenant space oriented onto a street or public open space. Awnings are considered part of the facade. “Layout” means the interior arrangement of furniture, service area, or permanent fixtures. “Servicemark” means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of a service from one party from those of others. “Trademark” means a word, means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of a service from one party from those of others. “Uniform apparel” means standardized items of clothing such as aprons, pants, shirts, dresses, hats, and pins (other than name tags), as well as standardized colors of clothing. 5 Honorable Planning Commission May 24, 2022 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. Chapter 17.20 Uses by Zone - Zoning District and Use Table The area boundary established in the Urgenc y 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. 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 (Chai n 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 6 Honorable Planning Commission May 24, 2022 Page 7 related to Purpose, Applicability, Responsibility of Chain Store Use Determination, and a Conditional Use Permit (CUP) Process. The ordinance allows for the est ablishment 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 fou r new findings that are specific to Chain Stores. Staff recommends the creation of Section 17.28.090 (Chain Stores and Aesthetics on High Street): 17.28.090 CHAIN STORES AND AESTHETICS ON HIGH STREET Section 17.28.090 of the Municipal Code shall be amended as shown below wherein underline indicates added text: A. Purpose. The purpose of this section is to regulate the location and operation of Chain Stores in the Old Town Commercial (C -OT) Zone in order to maintain the small town, rural character, and the economic vitality of the city’s commercial center. The City has determined that the preservation of High Street’s unique architecture, streetscape, and other design elements will promote the long -term viability of the historic commercial center. The City has also determined that preserving a balanced mix of local-, regional-, and national -based businesses as well as small and medium sized businesses will maintain and promote the long - term economic vitality of neighborhood and visitor-serving businesses and the community as a whole. It is therefore the intention of the City that an over- concentration of Chain Stores not be allowed. All Chain Stores are prohibited in the Old Town Commercial (C-OT) Zone unless approved with a conditional use permit, subject to the findings contained in this Section. Any Chain Store appr oved with a conditional use permit shall create a unique visual appearance that reflects and complements the distinctive historical character of High Street . B. Applicability. This Section applies to any proposed use in the Old Town Commercial (C-OT) Zone determined to be a Chain Store. C. Responsibility of Chain Store Use Determination 1. Any application in the Old Town Commercial (C -OT) Zone determined by the City to be a Chain Store on which the Applicant has not identified the use as a Chain Store is incomplete and cannot be processed until the omission is corrected. 2. Any entitlement approved that is determined by the City to have been, at the time of application, a Chain Store that did not identify the use as such is subject to revocation in writing at any time. 3. In the event the City determines that a permit application or permit subject to this section is for a Chain Store, the permit applicant or holder bears the burden of proving to the City that the proposed or existing use does not 7 Honorable Planning Commission May 24, 2022 Page 8 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 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. ALTERNATE RESOLUTION In the event consensus is not reach on the proposed ordinance, Staff ha s prepared an alternate resolution which memorializes the considerations of the C ommission in their deliberation of this zoning ordinance amendment. As written, the resolution acknowledges the Commission’s direction to Staff at the April 26, 2022, Commission meeting as well as the unanimous agreement that High Street’s small-town character should be protected but also the lack of consensus on how the proposed ordinance should define and regulation Chain Stores in the Commercial Old Town (C -OT) zoning district. Furthermore, the resolution acknowledges the Commission’s deliberation over whether regulating Chain Stores along High Street will discourage commercial development and the types of retail establishments that are best suited to locate on High Street. Lastly, the resolution summarizes the lack of consensus on further amendments to the proposed ordinance and the Commission’s decision to forward the ordinance to the City Council without a unified recommendation. ENVIRONMENTAL DETERMINATION 8 Honorable Planning Commission May 24, 2022 Page 9 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; - Highlighting the proposed ordinance in the City’s M-Powered economic development magazine; and - Promoting the proposed ordinance with the Moorpark Chamb er 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: Alternate Resolution No. PC -2022-670 Attachment 3 : Planning Commission Agenda Report from April 26, 2022 (without attachments) 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, on April 26, 2022, the Planning Commission held a public hearing in consideration of Zoning Ordinance Amendment No. 2021-03; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing and voted to continue the item and directed staff to make amendments to the ordinance; and WHEREAS, the Planning Commission directed staff to amend the title of Section 17.28.090 to “Chain Stores and Aesthetics on High Street”, remove “retail service” from the definition of Chain Store within Chapter 17.08, and analyze the associated administrative processes of the ordinance to determine the most effective means of implementing the ordinance; and WHEREAS, at duly noticed public hearing on May 24, 2022, the Planning Commission considered Zoning Ordinance Amendment No. 2021-03, the agenda report 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 PC ATTACHMENT 1 10 Resolution No. PC-2022-669 Page 2 WHEREAS, the Community Development Director determined that this project is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, a project is not subject to CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed amendments to the MMC Zone Code Amendment are exempt from review under CEQA because it can be seen with certainty that there is no possibility that the enactment of 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 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. 11 Resolution No. PC-2022-669 Page 3 SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: 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 12 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 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 13 Resolution No. PC-2022-669 Page 5 services directly or indirectly to the consumer such as general retail, eating and drinking places, beauty, personal services, professional office, amusement, health, fitness, and galleries. 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Tables 17.20.060, Section A of the Municipal Code shall be amended as shown below wherein underline indicates added text: 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 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* CUP CUP 14 Resolution No. PC-2022-669 Page 6 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I 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, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party 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 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 off-site consumption in accordance with the restrictions below: 16 Resolution No. PC-2022-669 Page 8 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I 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 4. Manufacturing and assembly, including, but not limited to, appliances, cabinets, cleaners, clothing, computers, ZC* ZC* 17 Resolution No. PC-2022-669 Page 9 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within 100 feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in conjunction with a city 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 3. Emergency shelters in compliance with the requirements of Chapter 17.28 (*allowed in C-2 zone ZC* 18 Resolution No. PC-2022-669 Page 10 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I only, not permitted in CPD zone; emergency shelters are also allowed in conjunction with permitted places of religious assembly) 4. Single room occupancy unit development in 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 F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP 19 Resolution No. PC-2022-669 Page 11 Zones C-O C-1 CPD C-2 C- OT1 M-1 M-2 I 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 AND AESTHETICS ON HIGH STREET Section 17.28.090 of the Municipal Code shall be amended as shown below wherein underline indicates added text: A. Purpose. The purpose of this section is to regulate the location and operation of Chain Stores in the Old Town Commercial (C-OT) Zone in order to maintain the small town, rural character, and the economic vitality of the city’s commercial center. The City has determined that the preservation of High Street’s unique architecture, streetscape, and other design elements will promote the long-term viability of the historic commercial center. The City has also determined that preserving a balanced mix of local-, regional-, and national-based businesses as well as small and medium sized businesses will maintain and promote the long- term economic vitality of neighborhood and visitor-serving businesses and the community as a whole. It is therefore the intention of the City that an over- concentration of Chain Stores not be allowed. All Chain Stores are prohibited in the Old Town Commercial (C-OT) Zone unless approved with a conditional use permit, subject to the findings contained in this Section. Any Chain Store approved with a conditional use permit shall create a unique visual appearance that reflects and complements the distinctive historical character of High Street. B. Applicability. This Section applies to any proposed use in the Old Town Commercial (C-OT) Zone determined to be a Chain Store. C. Responsibility of Chain Store Use Determination 20 Resolution No. PC-2022-669 Page 12 1. Any application in the Old Town Commercial (C-OT) Zone determined by the City to be a Chain Store on which the Applicant has not identified the use as a Chain Store is incomplete and cannot be processed until the omission is corrected. 2. Any entitlement approved that is determined by the City to have been, at the time of application, a Chain Store that did not identify the use as such is subject to revocation in writing at any time. 3. In the event the City determines that a permit application or permit subject to this section is for a Chain Store, the permit applicant or holder bears the burden of proving to the City that the proposed or existing use does not constitute a Chain Store. D. Conditional Use Permit (CUP) Process. 1. Approval of a conditional use permit is required for any Chain Stores proposed in the Old Town Commercial (C-OT) zone; 2. The expansion of any existing Chain Store in the Old Town Commercial (C-OT) zone shall require a conditional use permit if the Chain Store does not already have a conditional use permit; 3. The cumulative expansion of a permitted Chain Store by 500 or more square feet of floor area shall require a modification to the conditional use permit; and 4. The Chain Store shall fully comply with all applicable regulations of the Zoning Ordinance 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 RESOLUTION NO. PC-2022-670 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, MEMORIALIZING THE CONSIDERATIONS OF THE PLANNING COMMISSION TO THE CITY COUNCIL IN DELIBERATION OF 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 AND REFERRING THIS MATTER TO THE CITY COUNCIL WITHOUT RECOMMENDATION. WHEREAS, on September 1, 2021, the City Council enacted Interim Urgency Ordinance No. 492 to impose a 45-day moratorium on new formula-based retail businesses on High Street; and WHEREAS, on October 6, 2021, the City Council subsequently adopted Interim Ordinance No. 496 which superseded Interim Urgency Ordinance No. 492 and imposed a 10 month and 15-day moratorium on new formula-based retail businesses; and WHEREAS, on October 6, 2021, the City Council approved the issuance of a 10- Day Report on the actions taken to improve the conditions, which led to the City Council’s adoption of Interim Urgency Ordinance No. 492 that established the moratorium and Interim Urgency Ordinance No. 496 which extended the moratorium; and WHEREAS, on April 26, 2022, the Planning Commission held a public hearing in consideration of Zoning Ordinance Amendment No. 2021-03; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing and voted to continue the item and directed staff to make amendments to the ordinance; and WHEREAS, the Planning Commission directed staff to amend the title of Section 17.28.090 to “Chain Stores and Aesthetics on High Street”, remove “retail service” from the definition of Chain Store within Chapter 17.08, and analyze the associated administrative processes of the ordinance to determine the most effective means of implementation; and WHEREAS, at duly noticed public hearing on May 24, 2022, 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 PC ATTACHMENT 2 22 Resolution No. PC-2022-670 Page 2 took and considered public testimony both for and against the proposal, closed the public hearing, and discussed but were unable to reach a consensus on making a recommendation to the City Council; and WHEREAS, the Planning Commission agreed that High Street’s unique small town character needs to be preserved and protected but were not in agreement on how the ordinance should define and regulate Chain Stores in the Commercial Old Town (C-OT) zoning district; and WHEREAS, the Planning Commission deliberated over whether regulating Chain Stores along High Street will discourage commercial development and what types of retail establishments are best suited to locate along High Street; and WHEREAS, the ordinance discussion presented a lack of consensus on further amendments to the ordinance that would be amenable to all Commissioners; and WHEREAS, based on the disparate concerns noted during the Planning Commission’s discussion that are challenging for staff to address, the Commission has decided to forward the ordinance to the City Council without a unified recommendation; 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 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 that the City Council consider Zoning Ordinance Amendment No. 2021-03 as shown in Exhibit A, attached hereto and subject to the 23 Resolution No. PC-2022-670 Page 3 additional input provided in the findings above. SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: 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 24 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 PC ATTACHMENT 3 25 Honorable Planning Commission April 26, 2022 Page 2 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 26 Honorable Planning Commission 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 27 Honorable Planning Commission April 26, 2022 Page 4 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. 28 Honorable Planning Commission April 26, 2022 Page 5 “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. 29 Honorable Planning Commission April 26, 2022 Page 6 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): 30 Honorable Planning Commission April 26, 2022 Page 7 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 31 Honorable Planning Commission 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;32 Honorable Planning Commission April 26, 2022 Page 9 -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 33