Malibu City Zoning Code
CHAPTER 17
61 FORMULA RETAIL CLEARANCE
§ 17.61.010 Purpose.
The purpose of this chapter is to promote and maintain a distinct community character and a diverse retail base. This chapter is intended to encourage retail elements that promote variety while contributing to and maintaining the city's small-town atmosphere and to prevent the proliferation of businesses that create a homogenized retail experience.
(Ord. 431 § 4, 2018)
§ 17.61.020 Applicability.
A.
A formula retail clearance under this chapter shall be required for all new formula retail establishments and for existing formula retail establishments that relocate to a new tenant space or expand by 200 square feet or more of gross floor area, except for the following types of formula retail establishments which are exempt:
B.
A formula retail clearance is not required for legally established formula retail businesses existing as of November 1, 2017, for as long as the business is in continuous operation and does not expand its gross floor area. These legal nonconforming formula retail businesses shall be considered "non-exempt" formula retail for purposes of Section 17.61.030(B)(3).
(Ord. 431 § 4, 2018)
§ 17.61.030 Formula retail clearance.
A.
FRC Required. A formula retail clearance (FRC) is required for all non-exempt formula retail establishments in a shopping center. Prior to initiation of any such permitted or conditionally permitted use or issuance of a certificate of occupancy for such retail establishment, the property owner must obtain a formula retail clearance.
B.
FRC Criteria for Issuance. The planning director or designee shall issue a formula retail clearance if the formula retail use complies with the following requirements:
1.
The location does not exceed 4,000 square feet of gross floor area.
2.
Issuing the FRC will not result in: (a) non-exempt formula retail establishments occupying more than 30% of the total gross floor area of a shopping center excluding the floor area occupied by exempt formula retail defined in Section 17.66.020(A)(1)—(8);* or (b), where the shopping center is more than one floor, non-exempt formula retail establishments occupying more than 40% of the total gross floor area of the ground floor of the shopping center excluding the floor area occupied by exempt formula retail defined in Section 17.66.020(A)(1)—(8).
* | (Gross floor area - floor area of exempt formula retail) | X 0.30 = | Allowable non-exempt formula retail |
X 0.70 = | Required non-formula retail |
C.
Report to Planning Commission. All formula retail clearances approved by the planning director shall be noticed and reported to the planning commission within 30 days of issuance. Such report shall include all calculations and descriptions of businesses used in making the determination. The approval shall become final two days after the clearance is reported to the planning commission, unless rescinded by the planning director.
D.
Waiver by Planning Commission. The planning commission may waive the requirements of subsection B where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the standards for an FRC creates an undue hardship. The planning commission may impose conditions on any waiver as required so that the formula retail use is compatible with existing surrounding uses and preserves the community's character and ambiance.
An application for a waiver must be made on a form provided by the planning department, shall be governed by the standards in this subsection D, and shall be subject to the same fee, notice, and hearing and appeal procedures as a variance under this title.
(Ord. 431 § 4, 2018)
§ 17.61.040 Transferable.
A formula retail clearance is transferrable to a new business in the same land use category, located at the exact same location or tenant space, so long as the square footage of the gross floor area is not increased.
(Ord. 431 § 4, 2018)