Chapter 17.340 — FORMULA BUSINESS REGULATIONS

The City and its agents, employees and departments shall not approve any subdivision, conditional use permit, variance, building permit, grading permit, business license, other permits, other licenses or other entitlements for the use (“prohibited uses”) of land or structures within any district in the City absent compliance with this chapter.

A. Formula Business Uses. For purposes of this chapter, “formula business use” is a business which is required by contractual or other arrangement or affiliation to maintain a standardized (“formula”) array of services and/or merchandise, menu, employee uniforms, decor, facade design, signage, color scheme, trademark or service mark, name, or similar standardized features; and which causes it to be substantially identical to 25 or more other businesses in the United States regardless of ownership or location at the time that the application is deemed complete.

B. Other Definitions.

“Color scheme” means selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.

“Decor” means the style of interior furnishings, which may include, but is not limited to, style of furniture, wall coverings or permanent fixtures.

“Facade” means the face or front of a building, including awnings, looking onto a street or an open space.

“Ground floor street front” means that portion of a building within 75 feet of a public street.

“Service mark” means 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.

“Signage” means a sign pursuant to this title.

“Standardized array of merchandise” means 50 percent or more of in-stock merchandise from a single distributor bearing uniform markings.

“Standardized array of services” means a substantially common menu or set of services priced and performed in a consistent manner.

“Trademark” means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.

“Uniform apparel” means standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks, dresses, hat, and pins (other than name tags) as well as standardized colors of clothing.

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This chapter shall not apply to:

A. Those land use applications (namely, subdivisions, conditional use permits, variances, design review, General Plan amendment, rezoning, building or grading permits) which were deemed complete prior to the adoption of the ordinance codified in this chapter;

B. Business licenses approved prior to the adoption of the ordinance codified in this chapter;

• C. Construction required to comply with fire and/or life safety requirements;

D. Disability accessibility work;

E. Renovation of existing formula businesses, including renovations involving the addition of square footage comprising up to 15 percent of the gross floor area of the existing establishment or 1,500 gross square feet, whichever is less;

F. Changes in ownership of existing formula businesses where there is no substantial change to the land use classification of the use, or in the mode or character of the operation;

G. Banks and credit unions;

• H. Offices and tax preparation services, except as specified in SMC 17.340.040(A); and

I. Formula business uses of 10,000 square feet or less located in the following existing shopping centers:

• Redwood Marketplace, located at 700-800 Gravenstein Highway North;

• Fiesta Shopping Center, located at 500-660 Gravenstein Highway North and 7822-7840 Covert Lane;

• Southpoint Shopping Center, located at 775-801 Gravenstein Highway South; and

• Gravenstein Shopping Center, located at 950-980 Gravenstein Highway South.

• The Planning Director shall be authorized to interpret any future address or name changes for these locations.

The following types of formula businesses are prohibited in the Downtown (see Figure 17.08-1):

A. Formula business offices on the ground floor street front.

B. Formula business restaurants.

• C. Formula business hotels and motels.

A conditional use permit shall be required for any formula business not otherwise prohibited, unless in conformance with SMC 17.340.050.

Procedures for formula business conditional use permit applications shall conform to SMC 17.415 SMC.

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In acting on a formula business conditional use permit application, the Planning Commission, or City Council on appeal, shall determine:

A. If the establishment, maintenance, or operation of the proposed use or development applied for 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 neighborhood of such proposed use or development, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City;

B. That the formula business establishment will complement existing businesses, and promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;

C. That the proposed use, together with its design and improvements, is consistent with the unique and historic character of Sebastopol, has an exterior design which appropriately limits “formula” architectural, sign, and other components, and will preserve the distinctive visual appearance and shopping/dining experience of Sebastopol for its residents and visitors;

D. That, as applicable, the proposed use will help residents and visitors avoid the need to shop out of town for goods or services;

E. That the proposed use will be pedestrian-oriented and connect to the area’s existing and planned pedestrian and bicycle facilities; and

F. That if the proposed use is greater than 10,000 gross square feet, the establishment will provide needed goods or services, will promote Sebastopol’s economic vitality, and will be compatible with existing and planned uses.

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