The purpose of this chapter is to regulate the location and operation of formula businesses within the city, in order to maintain the city's character as a classic California beach town with vibrant, small-scale, and diversified commercial activity. The city has determined that preserving a balanced mix of businesses within the city is necessary to ensure the long-term economic vitality of neighborhood and visitor-serving businesses and the community as a whole, and that an over-proliferation of new formula businesses in areas outside the exclusion zone would be detrimental to that goal. It is therefore the intention of the city that an over-proliferation of formula businesses outside the exclusion zone not be allowed.

(Ord. No. 760, § 2(Exh. A), 7-10-2023)

The following terms, as used in this chapter and in Section 14.08.276, shall be defined as follows:

A.

"Array of services or products for sale" means fifty percent or more of in-stock merchandise, menu items, or services offered.

B.

"Color scheme" means the selection of colors used throughout the business, such as on the furnishings, wall coverings, or as used on the façade. Standardized lighting is considered part of the color scheme.

C.

"Decor" means the style of interior finishes, such as the style of furniture, wall coverings, or permanent fixtures.

D.

"Exclusion zone" means the parcels fronting the portion of Casitas Pass Road from Carpinteria Avenue to Highway 101, including the entirety of Casitas Plaza Shopping Center and the Shepard Place Shops, as shown more specifically in the map below.

E.

"Façade" means the face of a building or tenant space oriented onto a street or open space. Awnings are considered part of the façade.

F.

"Formula business" shall have the meaning set forth in Section 14.08.276.

G.

"Professional services" means services that are customarily provided by a licensed professional in an office setting, such as legal, insurance, title, accounting, mortgage, real estate, architecture, engineering, and similar services.

H.

"Trademark/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 product or service from one entity from those of others.

I.

"Uniform or other employee apparel" means items of clothing such as aprons, pants, shirts, dresses, hats, and pins (other than name tags), as well as standardized colors of clothing.

(Ord. No. 760, § 2(Exh. A), 7-10-2023)

The provisions of this chapter shall apply everywhere within the limits of the city, with the exception of the exclusion zone where the provisions of this chapter shall not apply.

(Ord. No. 760, § 2(Exh. A), 7-10-2023)

Subject to the provisions of Sections 14.53.030 and 14.53.050, no certificate of occupancy issued pursuant to Chapter 5.05 of this code that has as its result the approval or allowance of the operation of a formula business shall be issued, granted, or approved by any employee, department, or commission of the city.

(Ord. No. 760, § 2(Exh. A), 7-10-2023)

In the event that an applicant for a certificate of occupancy pursuant to Chapter 5.05 of this code is determined by the community development director to be a formula business, that applicant may apply to the planning commission for a public interest exception to the restriction set forth in Section 14.53.040. The application shall be made pursuant to Section 14.78.030 of this code, except that the standards and findings below shall be substituted for those set forth in Section 14.78.030(2). The planning commission shall have the discretion to grant the public interest exception upon its determination that all of the findings below apply:

(a)

The proposed formula business will not result in an over-concentration of formula businesses in the immediate vicinity, or in the city as a whole;

(b)

The proposed formula business will contribute to an appropriate balance of small, medium, and large-sized businesses in the city;

(c)

The proposed formula business has been designed to preserve and enhance the city's small beach town character and to integrate existing community architectural and design features, which will preserve such character for the city's residents and visitors;

(d)

If the proposed formula business will use more than ten thousand gross square feet of space, the proposed formula business will provide needed goods or services, will promote the city's economic vitality, and will be compatible with existing and planned uses in the vicinity;

(e)

The establishment, maintenance, or operation of the proposed formula business will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the vicinity of the proposed formula business, or be detrimental or injurious to property and improvements in the vicinity or to the general welfare of the city;

(f)

As applicable, the goods or services offered by the proposed formula business are unavailable in the community and will help residents and visitors avoid the need to shop out of the community for said goods or services; and

(g)

The proposed formula business will not increase the intensity of use on the site to a level that will adversely impact land uses in the area, pedestrian or motor vehicle traffic, or the public welfare.

(Ord. No. 760, § 2(Exh. A), 7-10-2023)

This chapter shall not apply to bar the continued operation of such formula businesses already in possession of a valid certificate of occupancy issued pursuant to Chapter 5.05 of this code that (1) relocates to another location within the city, including a formula business located within the exclusion zone that relocates to outside of the exclusion zone, or (2) undergoes a change of ownership, provided that (in the sole discretion of the community development director) all operations of the formula business remain substantially the same.

(Ord. No. 760, § 2(Exh. A), 7-10-2023)