SEC. 121.6. LARGE-SCALE RETAIL USES.

   (a)   Notwithstanding any other provision of this Code, establishment of a single retail use in excess of 50,000 gross square feet in any zoning district other than the C-3 Zoning Districts shall require conditional use authorization pursuant to Section 303 unless such use already is prohibited. This Subsection shall apply to the establishment of a new use and the expansion of an existing use.

   (b)   Notwithstanding any other provision of this Code, establishment of a single retail use in excess of 90,000 gross square feet within a C-3 Zoning District shall require conditional use authorization pursuant to Section 303 unless such use already is prohibited. This Subsection shall apply only to the establishment of a new use.

   (c)   Notwithstanding any other provision of this Code, establishment of a single retail use in excess of 120,000 gross square feet is prohibited in any zoning district other than a C-3 Zoning District. This Subsection shall apply to the establishment of a new use and the expansion of an existing use.

   (d)   Notwithstanding any other provision of this Code, establishment of a single retail use in excess of 120,000 gross square feet in a C-3 Zoning District shall be prohibited if it would sell groceries; contain more than 20,000 Stockkeeping Units (SKUs); and devote more than five percent (5%) of its total sales floor area to the sale of non-taxable merchandise. This Subsection shall apply only to the establishment of a new use.

   (e)   For purposes of this Section 121.6:

      (1)   “sales floor area” includes only interior building space devoted to the sale of merchandise, and does not include restrooms, office space, storage space, automobile service areas, or open-air garden sales space;

      (2)   “non-taxable merchandise” includes only grocery products not subject to California State sales tax; and

      (3)   “single retail use” shall include, except for Hotels and Motels, all Retail and Service Uses listed in Section 102 and retail uses identified in Article 8 of this Code.

(Added by Ord. 89-04, File No. 031463, App. 5/27/2004; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Divisions (e)-(e)(2) amended; division (e)(3) added; Ord. 202-18, Eff. 9/10/2018.