Loading...
HomeMy WebLinkAbout2049 ORDINANCE NO. 2049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING DIVISION 4 TO PART 6, CHAPTER 2, ARTICLE 9 OF THE ZONING ORDINANCE EST ABLISlllNG SPECIFIC REGULATIONS FOR A CBD (CENTRAL BUSINESS DISTRICT) ZONE (TEXT AMENDMENT 96-001) WHEREAS, Text Amendment 96-00 I was initiated by the City adding a new division to the zoning regulations establishing specific regulations for a CBD (Central Business District) zone, WHEREAS, a public hearing was held on February 27, 1996, before the Planning Commission at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission of the City of Arcadia recommended approval of the text amendment to the City Council with specific conditions of approval including allowing "consignment clothing stores" as permitted retail uses; requiring a conditional use permit for any use exceeding 10,000 sq. ft, and for buildings in excess of three (3) stories; and extending the CBD zone boundary to Morlan Place; and WHEREAS, a public hearing was held before the City Council on March 19, 1996, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council hereby finds that the text amendment is part of the second phase of the Downtown 2000 Program and determines that the goals of the new regulations are: to restore the historic center of Downtown Arcadia as the social and symbolic "Heart of the City"; to enhance the overall identity of the City by eliminating highly visible physical and business deterioration of the City's center; to establish an economic base in the downtown that promotes renewed and continued reinvestment; to establish Huntington Drive as the central east-west corridor in the City; to establish First Avenue as the central north-south commercial corridor in the downtown area and to enhance the business environment in this corridor by creating a pedestrian oriented environment that will encourage increased economic activity; to implement the City's long term vision for enhanced quality of life by recognizing policies and programs that support a businessoriented environment; and to encourage substantial business retention and new investment in the core of the City's historic downtown, J WHEREAS, the City Council determines that based upon the evidence presented, the public necessity, convenience, general welfare and good roning practice justifies the proposed text amendment NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section I That Section 9231 of the Arcadia Municipal Code be amended to add a Section 9231.20 to read as follows: "9231.20, CBD, Commercial Business District" Section 2 That a Division 4 be added to Part 6, Chapter 2, Article 9 (Sections 9264, I through 9264.4.3) to read as follows: DIVISION 4 CBD (CENTRAL BUSINESS DISTRICT) ZONE TITLE 1. PURPOSE 9264.1. PURPOSE. The CBD (Central Business District) Zone is intended to provide for general retail and professional office/service activities serving a regional/community-wide need under design standards which ensure compatibility and harmony with adjoining land uses, and which encourage the highest quality design and development The CBD Zone encompasses the City's traditional Downtown and the Central Redevelopment Project Area. The CBD Zone is intended to promote a strong pedestrian orientation through its mix of pennitted uses and specific development standards, TITLE 2. GENERAL USE REGULATIONS 9264.2. USES PERMl'ITED. No building or land shall be used and no building shall be hereafter erected, constructe~ 9r established, except for the uses specified in the following subsections, and in compliance with the regulations of this Division, 9264.2.1. AUTOMOBILE PARKING LOTS AND GARAGES. When such uses do not front on Huntington Drive, Parking garages may front on Huntington Drive 2 2049 when the ground floor adjacent to the street is constructed to accommodate commercial uses, 9264.2.2. FINANCIAL INSTITUTIONS. Commercial Banks, Savings, Loan Associations and Credit Unions, 9264.2.3 BUSINESS AND PROFESSIONAL OFFICES Establishments where the administrative, clerical and managerial functions of a business or industry are conducted, or where members of a profession conduct their practice (i.e, accounting, medical or engineering), Business and professional offices are not permitted as ground floor uses along Huntington Drive and First Avenue except as provided in Section 9264,2,9, 9264.2.4. BUSINESS SERVICES. Establishments primarily engaged in rendering services to business establishments including advertising and mailing; employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing; and personal supply services, Business services are not permitted as ground floor uses along Huntington Drive and First Avenue except as provided in Section 9264,2,9, 9264.2.5. RETAIL USES. Retail establishments under 10,000 square feet gross floor area for the following uses: 1. Antique stores selling only merchandise of which at least 75% (by quantity and value) is more than 100 years old, 2, Appliance Stores, 3. Art Galleries, 4, Bakeries, Ice Cream Stores or Confectionery Stores not employing more than five (5) persons at anyone time of day. 5, Barber, Beauty, Nail Shops. 6, Bicycle Shops, 7, Book or Stationary Stores, S, Camera Shop, 9, Clothing or Wearing Apparel Shops selling only new merchandise. 10, Consignment Clothing Stores, I\. Delicatessen Shops, J2, Department Stores, 13, Drug Stores. 14, Floor CoveringlDrapery Stores, IS, Florist Shops, J6, Furniture Sales or Rental Stores, 17, Hardware Sales or Rental Stores, IS. Interior Decorating Stores, 19, Jewelry Stores, 20, Kitchen and Bath CabinetsIFixtures, 2 J, Lighting Fixture Stores, 3 2049 22. Locksmith Shops, 23, Music Stores, Instrument Sales, rentals, and lessons, 24, Paint and Wallpaper Stores, 25, Pet Shops, 26. Photography Stores and Studios, 27, Radio and Television Stores, and incidental repair services. 28. Records, Audio and Video Tape, and other similar products including sales, rentals, and incidental repair services. 29. Restaurants and Eating Establishments, including the incidental serving of alcoholic beverages, but without drive-thru facilities, or bar/lounge, May include outdoor seating for up to twelve (12) persons, 30, Shoe Repair. 3 I. Sporting Goods Stores, 32, Tailor, Dressmaking Shops, 33, Toy Shops. 34, Typewriter and Computer Products sales, rentals, and incidental services, 9264.2.6. ACCESSORY USES. Accessory uses customarily incidental to any permitted uses are permitted when located on the same lot, except that no more than three (3) game machines shall be considered as an accessory use in each hotel, eating establishment or restaurant. 9264.2.7. USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses may be permitted provided that a conditional use permit is obtained therefore in accordance with the procedures set forth in Section 9275,2 of this Chapter, 1. Any use over 10,000 square feet gross floor area, 2, Alcoholic Beverage Sales for off premises consumption (liquor stores), 3, Day-Care Center, above the ground floor only. 4, Drive-In Facilities for Financial Institutions, 5, Drive-In Facilities for Restaurants and Eating Establishments. 6, EducationlTutoring Centers, above the ground floor only. 7, Employment Agencies, above the ground floor only, 8. Health Clubs, 9, Residential uses which are an integral part of a commercial development (13 dulac, Maximum), Must be located above ground floor, 10, Restaurants, Eating Establishments, Coffee Houses, Juice Bars, Delicatessen, and similar uses with outdoor seating for more than twelve (12) persons. 11, Restaurants and Eating Establishments with a separate barf lounge area, serving of alcoholic beverages, and/or with live entertainment. 12. Theaters, 4 2049 9264.2.8. OTHER USES. Any other uses deemed by the City Council to be compatible with the purposes of this Title, 9264.2.9. USE OF GROUND FLOOR FOR RETAIL COMMERCIAL BUSINESSES. I, In order to maintain an active pedestrian environment within the downtown, only specified retail commercial businesses and financial institutions shall be allowed within the front 1/3 of the ground floor for structures fronting on Huntington Drive and First Avenue except as provided in paragraph 2 below, 2, Where a sttucture has been specifically designed, constructed and maintained to serve office- type uses, and where because of limited pedestrian access the structure would not properly serve retail-type uses, then office and business service uses may occupy the ground floor, including the front 1/3 of the structure. 3. A bona fide retail commercial business operating within the front 1/3 of a structure shall derive at least 75% of its gross receipts from the retail sale of merchandise to the general public. 4. Windows facing the public street shall have merchandise visible to passing pedestrians, 5, One passageway may be provided through the front 1/3 area to the rear of the structure, The passageway shall not exceed a maximum width of five (5) feet or the minimum width necessary to comply with the American's with Disabilities Act COO Development Slandatd Acceptable Non-rletoll AIJowed Passageway 5Ft.Max., Width . t ~z~::;~ .}~:~' .- Sidewalk Nol Allowed No' AI/owed Pouog9way roo larp. CBO Front 1/3 RetaIl Requnmenl 5 2049 TITLE 3. DEVELOPMENT STANDARDS 9264.3. MINIMUM PARCEL AREA. Every project site or lease parcel shall have an area of not less than 5,000 square feet except that no existing parcels shall be subdivided which create lots less than 10,000 square feet 9264.3.1. BUILDING HEIGHT No building hereafter erected, constructed or established shall exceed three (3) stories, having a maximum height of forty (40) feet not including mechanical equipment and screening devices, An additional height bonus may be considered by the City of up to six (6) stories with a maximum of sixty five (65) feet through the approval of a Conditional Use Permit for the provision of one or more of the following: 1. Additional shared parking facilities; 2, Residential units above the ground floor; 3, Day-care and nursery facilities; 4, Enhanced pedestrian areas, plazas, landscaping, public art, and water features; 5, Outdoor cafes/restaurants; and/or 6, Traffic demand management facilities (i.e, carpool/vanpool parking, transit facilities, enhanced linkages to off-site transit facilities), 9264.3.2. BUILDING SETBACKS. A. Street Side Setbacks. No street side setbacks are required and the maximum setback permitted shall be ten (10) feet which may be used for landscaping, pedestrian circulation, entry court, outdoor dining, and similar uses related to a downtown pedestrian environment. B. Side Yard Setbacks. No side yard setbacks shall be required, except as follows: I, Where the side property line abuts residential zoned property, no setback shall be required for the ground floor portion of the structure or first fifteen (15) feet of structure height, whichever is less, Portions of the structure above the ground floor or fifteen (IS) feet in height shall be set back a minimum often (10) feet from the side property line, 2, Where the side property line abuts a dedicated alley which separates such side property line from abutting residential zoned property, the side yard shall have a minimum depth often (10) feet, which shall be measured from the center line of said alley and the forty-five (45) degree angle of the aforedescribed plane may be measured at the ground level along the center line of said alley, C. Rear Yard Setbacks. No rear yard setbacks shall be required except as follows: I, Where the rear property line abuts residential zoned property a minimum rear yard setback of twenty (20) feet shall be maintained, except that no portion of any structure shall encroach 6 2049 through a plane projected from an angle of forty-five (45) degrees as measured at the ground level along the rear property line, 2, Where the rear property line abuts a dedicated alley which separates such rear property line from abutting residential wned property, the rear yard shall have a minimum depth of twenty (20) feet which shall be measured from the center line of said alley and the forty-five (45) degree angle of the aforedescribed plane may be measured at the ground level along the center line of said alley, 9264.3.3. MINIMUM STOREFRONT WIDTH For purposes of regulating the division of existing storefronts, no storefront shall be less than twenty-five (25) feet wide, For the purpose of this section, a storefront is the primary (front facade) and secondary (rear/side facade) building entrance where access is taken from a public street, alley, public or private parking lot, or pedestrian mall/arcade or passage, 9264.3.4. PARKING. Unless otherwise indicated in this Division, parking facilities shall be provided in accordance with the General Parking Regulations set forth in Section 9269 of this Code, A. Shared Parking. Shared-use parking standards are based on the assumption that patrons will use a single parking space for more than one destination and that one parking space will be open and available for short-term parking to serve many different uses which may have different peak hours, The following categories of development shall be eligible to use shared-use parking standards to meet parking requirements: I. Non-residential new construction on sites of less than 20,000 square feet in size; 2, New construction on sites greater than 20,000 square feet in size for retail commercial, restaurants, and movie theaters; and 3, Additions to existing buildings, rehabilitation of existing buildings, or changes in use or occupancy in existing buildings, The following types of uses are not eligible to use shared-use parking standards: 1, New or existing residential uses. 2, New construction of hotel or office uses on sites greater than 20,000 square feet in size, Section 9269 of this Code shall determine circumstances in which parking shall be required, Once it has been established that parking is required, eligible projects within the CBD"Zone may choose to provide required parking by using the Alternative Shared-Use Parking Standards (Table I) or to provide parking for the project's exclusive use under the standards established in Section 9269, All parking developed under shared-use parking standards shall be required to enter into an agreement with the City and recorded with the Office of the County Recorder, requiring the parking to be operated on a non-exclusive basis, to be open and available to the public for shared-use short- 7 2049 term public parking during normal business hours, B. Parking Lot Landscaping, Screening and Walls. All parking lots, whether required or not, shall be landscaped, lighted, screened and provided with buffer walls in compliance with Section 9269,13 of this Code. TABLE I ALTERNATIVE SHARED-USE PARKING STANDARDS MINIMUM PARKING RATIOS I USE I MINIMUM PARKING RATIOS I OFFICE 3,0 Spaees/l,OOO SF -GF A Including: 1. Banks, Savings and Loans, Other Financial Institutions, 2, Medical or Dental Office, 3, Professional or Unspecified Office. RETAIL COMMERCIAL 2.5 Spaees/I,OOO SF-GFA PUBLIC ASSEMBLY Including: 1. Movie Theater. 1.0 Spacen scats 2, Museum, 4,0 Spaees/I,OOO SF-GFA RESTAURANT Including: 1. Restaurant, Coffee I-louse, Juice Bar under 1,000 3,0 Spaces/I,OOO SF-GFA square feet of gross usable area, 2, Restaurant over 1,000 square fect of gross usable 5,0 Spaees/I,OOO SF-GFA area. 3, Outdoor dining areas a.~soeiated with a restaurant o Spaces RESIDENTIAL Excluded from use of shared-use parking standards, NEW CONSTRUCTION OF OFFICE OR Excluded from use of shared-use parking HOTEL USES ON LOTS GREATER standards, THAN 20,000 SQUARE FEET OTHER Any category not listed above may be reviewed by the City on a casc-by-casc basis, taking into consideration the impact on peak-hour parking usage and the established parking s1andards contained in Section 9269 of this Code, 8 2049 9264.3.5. LANDSCAPING All setbacks, parkways, open areas, plazas, paseos, and non-work areas that are visible from a public street/alley or from a parking lot available to the general public shall be landscaped, 9264.3.6. SIGN REGULA nONS. The regulations set forth in Title 4 of Division 2 commencing with Section 9262.4 shall be the regulations for signs in the CBD Zone, In addition, the following shall apply: A. No more than one-third (1/3) of the area of any sign shall contain a non-English translation of the business identification; the remaining sign area shall be set forth in the Roman alphabet, English language and include Arabic numerals, B. Sign(s) must be clearly readable from a distance of one hundred (100) feet and C. Portable Signs. The use of small pedestrian oriented portable signs is permitted in the CBD Zoning District on public or private properties subject to the approval of a sign permit and the following standards: I, A portable sign is any sign or advertising device which rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground, This does not include A-frame or sandwich board signs, temporary banners, posters and similar signs made of non-permanent materials; 2. Only businesses with frontage on Huntington Drive or First Avenue are permitted to use portable signs, Businesses which do not front on either of these streets, but are located along pedestrian arcades/walkways having access to these streets may also use portable signs, but shall not locate such signs within the public right-of-way, In addition, each group of businesses located along an arcade/walkway may use one portable directory sign listing all businesses along the arcade/walkway, which may be located within the public right-of- way, No business shall be allowed to have more than one portable sign; 3, Portable signs may have a maximum sign area of six (6) square feet. The maximum height, from ground level, shall be four (4) feet and the maximum width shall be two(2) feet; 4, Portable signs may be located on private property or within the public right-of-way, provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site, A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public, Owners of such signs shall 9 2049 " .~ ,- . , -. provide public liability insurance prior to approval of a sign permit; 5, Portable signs shall not encroach into required off-street parking areas, public roadways or alleys, and may not be arranged so as to create site distance conflicts or other traffic hazards, Portable signs shall not be placed within the comer curb return areas of intersections, 6, Portable signs shall be utilized only during regular business hours and shall be removed during non-business hours; 7, Portable signs shall be supported by either single or double posts and shall have a weighted base capable of keeping the sign upright in a moderate wind, A-frame or sandwich board signs are not permitted; A.FrC(m~ Signs 4rt Prohibited Preferred Portttblt Sign Eumple Prtferred Port4ble Sign Example 8. Materials for portable signs shall be of a permanent nature and not be subject to fading or damage from weather, The use of paper or cloth is not permitted unless located within a glass or plastic enclosure; 9, No lighting is permitted for portable signs; 10, Signs shall be designed in an attractive manner and present an image of quality and creativity; II, Portable signs shall be maintained in a neat, orderly fashion so as not to constitute an unsightly appearance or a public nuisance, Signs shall be constructed of durable, weather-resistant materials and be professional in appearance in a manner meeting the approval of the Development Service Director or designee, Signs that are not maintained shall be removed immediately upon notice from the Development Service Director; and 10 2049 . l' , 12, A sign permit application for a portable sign to be located on public property shall be accompanied by a certificate of insurance in the following amounts: (a) Public liability insurance in an amount not less than $500,000.00 for injuries to each person, and in an amount not less than $500,000,00 for anyone occurrence; (b) Property damage insurance in an amount not less than $100,000,00 for damage to the property of each person on account of anyone occurrence; and (c) Insurance policies shall name the City of Arcadia an additional insured and shall constitute primary insurance for the City, its officers, agents and employees, so that any other policies held by the City shall not contribute to any loss under this insurance, Policies shall provide for 30 days prior written notice to the City of cancellation or material changes, D, Projecting Signs on Rear of Structure, I. One (1) projecting sign shall be permitted on the rear of a structure when a public entrance is provided, 2, No projecting sign shall be located within 100 feet ofresidentially zoned property, 3. The area of a projecting sign shall not exceed one square foot per face per rear linear foot of structure occupied by the business which the sign advertises or thirty (30) square feet, whichever the less. 4. No part of projecting sign shall have a clearance less than eight (8) feet over a pedestrian way or fifteen (15) feet over a vehicular way and shall not project above the top of the building's parapet or eave line, 5, No sign shall project more than three (3) feet from the surface on which it is mounted, E. All signs shall be designed in compliance with the Sign Design Guidelines established by the City and implemented through the Architectural Design Review process, 9264.3.7. LIGHTING. Lighting shall be hooded and arranged to reflect away from adjoining properties and streets, Light standards shall be a maximum of twenty (20) feet in height. The height of the light standards shall be measured from the elevation of the adjacent pavement of the parking lot. 9264.3.8. OUTSIDE STORAGE, RECYCLABLES, AND REFUSE. Trash, garbage, refuse, and recyclables may be temporarily stored outside the building; provided, however, that such storage areas shall be completely screened from public view by an enclosure of which three (3) sides shall consist of six (6) foot high stucco or decorative masonry walls, or other 11 2049 ! .. ~ > , approved screening devices with a solid metal gate painted a color compatible with the walls. Trash storage areas that are visible from the upper stories of adjacent buildings shall have full roofs to screen unsightly views. The design of the roof and the materials used shall be compatible with the site's architecture. 9264.3.9. OUTDOOR USES/SALES OR DISPLAY OF MERCHANDISE All uses shall be conducted within a completely enclosed building or be completely screened from view from ofT the subject site. The outdoor display/sale of merchandise in conjunction with antique shops and flower shops located on Huntington Drive and First Avenue is permitted. In all other cases, the outdoor display/sale of merchandise or outside storage of materials may be allowed in the CaD Zone through the approval of a Conditional Use Permit. Temporary outdoor sales/promotional events may be allowed through the approval of a permit as set forth in Section 6324.18.5 (Sidewalk Sales). Temporary sales/promotional events shall be conducted in compliance with the regulations set forth in section 6439.2 (Condition of Side Walk Sales). 9264.3.10. INSIDE STORAGE. All permanent and temporary storage of wares and merchandise, crates, racks, shelves, bottles and similar items shall be within a building. Temporary wood or metal storage containers, bins and/or buildings are not permitted. 9264.3.11. ROOF-MOUNTED EQUIPMENT. No roof-mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof, or screened in a manner that is architecturally integrated with the main structure. 9264.3.12. BUSINESS ADDRESS REQUIRED. Each business or structure (as appropriate) shall provide its address in numbers a minimum of 6 inches in height. The address shall be placed on the building, awning valance, or canopy in a manner to be clearly visible from the adjacent street and sidewalk. The preferred location is above the main pedestrian entrance. Businesses that provide public entrances at the rear of the structure shall also provide addresses above the main rear pedestrian entrance 12 2049 ! . ~ ! , TITLE 4. ARCHITECTURAL DESIGN REVIEW 9264.4. APPLICABILITY. Each project, including signs, in the CaD Zone shall require Architectural Design Review except the following: ]. Signs having no words or symbols greater than three (3) inches in height; 2. Work entirely within a building and which does not alter the exterior appearance of the building; 3. Foundation work with no changes in building height or location; 4. Replacement-in-kind; 5. Reroofing, with no structural alteration; and 6. Skylights. 9264.4.1. DESIGN REVIEW PROCESS. Design review consists of three steps: 1. Preliminary consultation between the project sponsor and the Development Services Department to discuss design guidelines and design criteria applicable to the site and use; 2. Design concept review by Development Services Director or designee, Modification Committee, Planning Commission or City Council, as provided for in this Chapter; and 3. Final design review by the Development Services Department for consistency with the approval or conditional approval as established in the design concept approval stage. 9264.4.2. DESIGN REVIEW CRITERIA. In conducting a review of projects subject to the requirements of this Chapter, the reviewing body may utilize design guidelines/criteria that have been adopted by the City and Redevelopment Agency in order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan and Redevelopment Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the CaD Zone. Any applicable design guidelines/criteria shall be available at the City. 9264.4.3. FINDINGS. The reviewing body shall determine that the project adequately meets adopted City standards and design guidelines, based upon the following findings: I. The general design considerations, including the character, scale, and quality of design are consistent with the purpose of this Chapter and any adopted design guidelines; 2. The architectural design of structures and their materials and colors are visually compatible with surrounding development and improvements on the site, and design elements (i.e., 13 2049 ! ~. ~ ! J '. screening of equipment, exterior lighting, signs, awnings, etc.) have been incorporated to further ensure the compatibility of the structures with the character and uses of adjacent development; 3. The location and configuration of structures are compatible with their site and with surrounding sites and structures, and do not dominate their surroundings to an extent inappropriate to their use; and 4. The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not result in vehicular and/or pedestrian hazards. Section 3 That the City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 7 th day of May ,1996. ~f.;ffFL, ATTEST: Approved as to Form: 7rHj II /I1A Michael H. Miller, City Attorney 14 2049 0'. . -~ ":; STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2049 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council on the 7 t h day of Hav 1996, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chang, Harbicht, Lojeski and Young NOES: None ABSENT: None ABSTAIN: Councilmember Kuhn ~_d~ ~~ lerk of the City Arcadia ') IS 2049