Fillmore council removes one‑third retail requirement in downtown core

The Fillmore City Council voted March 10 to remove the one‑third retail requirement for the city’s central business district, approving Ordinance 26992 after a public hearing that featured competing views from local business owners and residents about downtown character and vacancy.

Planning Technician Jacob Choker explained the amendment before the council, describing downtown land‑use data and a planning commission recommendation to strike the numerical retail quota while keeping existing design standards and developing incentive programs for retail. Choker told the council the 1/3 retail requirement had been reviewed multiple times (2010, 2012, 2017, 2022 and 2025) and that the planning commission recommended removal to give property owners more flexibility to find tenants.

Public speakers presented opposing positions. Sean McColl, owner of the Fillmore Town Theater, said removing the quota would make it easier to fill vacant storefronts and encouraged allowing experiential and service businesses (coffee shops, bookstores, ice cream, small restaurants) that draw foot traffic; he cited informal surveys and conversations with prospective tenants who declined locations because of the retail rule. In contrast, another speaker urged protecting the walkable retail district, arguing the one‑third rule was an intentional ‘‘guardrail’’ to maintain a destination retail environment and warned that removing it could accelerate loss of retail character.

Several council members said the debate showed the need for clearer direction. Council members discussed crafting language that allows ‘‘active’’ non‑retail uses (for example, entertainment or experiential venues) while excluding purely passive office uses that would not generate foot traffic. The city attorney told council members they have discretion to treat uses differently so long as there is a compelling governmental interest and recommended giving staff clear parameters.

Ultimately the council moved to adopt Ordinance 26992, removing the one‑third retail requirement from the Fillmore Municipal Code (section 6.0406153D). Council members asked staff to return with recommendations and possible code language that would emphasize destination‑oriented and experiential uses rather than a blanket allowance of any non‑retail tenant.

What’s next: the ordinance change takes effect per the city’s ordinance procedure; staff will research how other jurisdictions encourage active downtown uses and will return with draft language to guide allowed and disallowed tenant types.