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Begin Summary as Prepared by the Ojai City Attorney

This measure would regulate the location and zoning standards for “formula” retail and restaurant business establishments within the City of Ojai (“City”). It would apply to the approval of all new formula retail and restaurant establishments approved by the City after the date the ordinance becomes effective. It exempts existing formula retail business establishments from its purview. A formula retail establishment is defined by the measure to mean a type of business engaging in retail sales and/or retail rental activities, including restaurants which, along with 14 or more other such establishments, maintain two or more of the following:

1. Standardized array of merchandise or standardized menu.
2. Standardized façade.
3. Standardized décor and color scheme.
4. Uniform apparel.
5. Standardized signage.
6. Identical trademark or service mark.

The measure sets forth definitions used to describe the common characteristics of formula retail establishments, including “standardized” merchandise and menu, “Trademark”, “Service Mark”, “Décor”, “Façade” and “Uniform Apparel”. It provides the following zoning standards:

(1) No more than 25 linear feet of street-level frontage.
(2) No more than two stories or two store fronts.
(3) May not exceed 2,000 square feet of net floor area.
(4) No drive-through facilities.
(5) No more than one formula retail business for lots with less than 20,000 square feet. No more than one formula retail establishment per each 20,000 square feet of lot area for lots consisting of more than 20,000 square feet.

The measure also regulates the location of new formula retail establishments such that they:

(6) May not be located on a street corner, unless such location was previously occupied by a formula retail establishment.
(7) May not be located within a building that already has a formula retail establishment located therein.

The measure provides a detailed procedure for the processing and determination of applications for formula retail business establishments. The procedures require the applicant to prepare a report for Planning Commission review, including an evaluation of aesthetics, appearance, effect of establishment on City employment, noise level evaluation, a traffic impact study and a study of environmental effects of its operation. Additionally, the procedures require a public hearing on the report prepared by the applicant to be held after a 30 day public review period. Notifications required for such public hearing are specified in the measure.

The measure requires the Planning Commission to condition any approval of a formula retail business establishment upon such business’s mitigation of any “material” impact of its operation on City’s traffic, parking, noise, aesthetics, environment, employment and “competitive” environment. The Planning Commission may deny a permit for a formula retail establishment if it finds that a material impact of the establishment is not subject to “reasonable mitigation”.

Finally, the measure provides that an applicant can apply for a “variance” from the standards and procedures set forth above upon a showing of “extraordinary circumstances”.

If the courts invalidate any part of the measure, the reminder thereof will remain in effect.

End of Summary

This is a very exciting time (and I'm glad I didn't get sued)! Signature gathering will begin on Wednesday, April 25. Please contact Leslie or myself at 646-4832 if you would like to volunteer to collect signatures or would like to sign the petition. All signers must live in the City Limits of Ojai and be registered to vote. We are going to need many people to help out and even more to sign their name on this petition.

Pretty nice quote from Arendt, huh?