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Home My WebLink About2112 ORDINANCE NO. 2112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9264.2.3, 9264.2.4, 9264.2.5, 9264.2.6 AND 9264.2.7, SUBSECTIONS 1 AND 3 OF THE ARCADIA MUNICIPAL CODE, RELATING TO THE CBD ZONING REGULATIONS WHEREAS, this text amendment was initiated by the Development Services Department, at the direction of the City Council, to amend SECTIONS 9264.2.3, 9264.2.4, 9264.2.5, 9264.2.6 AND 9264.2.7, SUBSECTIONS 1 and 3 of the Arcadia Municipal Code by deleting the requirement that the front one-third of the ground floor area in buildings along Huntington Drive be restricted to retail activities and eliminating the requirement that 75% of the gross receipts must be derived from retail sales, Community Development Division Case No. TA 99-005. WHEREAS, a public hearing was held on May 25, 1999 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 this text amendment; and. WHEREAS, a public hearing was held before the City Council on July 6, 1999, 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 purpose of the CBD zone is to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. As a means of promoting the "downtown" image the regulations were designed to encourage retail along both Huntington Drive and First Avenue. After significant review of the downtown area, the City Council recognizes that Huntington Drive is not a traditional "downtown" street, but is a four lane major arterial separated by a median strip and does not have the same pedestrian environment as First Avenue. As a result, restricting the uses to retail only along Huntington Drive has - 1- 2112 created a hardship for owners attempting to lease their buildings to any use other than retail. WHEREAS, the City Council determines that based upon the evidence presented, the public necessity, convenience and general welfare justifies the proposed text change. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 9264.2.3 is amended to read as follows: 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 (Le., accounting, medical or engineering). Business and professional offices are not permitted in the front one-third (1/3) of the ground floor area along First Avenue except as provided in Section 9264.2.7. Section 2. That Section 9264.2.4 is amended to read as follows: 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 in the front one-third (1/3) of the ground floor area along First Avenue except as provided in Section 9264.2.7. Section 3. That Section 9264.2.5 is amended to read as follows: 9264.2.5. CONSUMER SERVICES Establishments primarily engaged in rendering services shall be allowed in the CBD zone except that such services are not permitted in the front one-third (1/3) of the ground floor area along First Avenue. (List of uses to remain the same (numbers 1-15J) Section 4. That Section 9264.2.6 is amended to read as follows: 9264.2.6. RETAIL USES - 2- 2112 Retail stores or businesses under ten thousand (10,000) square feet of gross floor area not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that: (1) a minimum of the front one-third (1/3) of the ground floor area of a building shall be utilized for retail sales and display; (2) that the incidental manufacture, processing or treatment of products shall not exceed one-third (1/3) of the ground floor area of the building; and (3) windows facing the public street shall have merchandise visible to passing pedestrians. (List of uses to remain the same [numbers 1 - 34J) Section 5. That Section 9264.2.7 is amended to read as follows: 9264.2.7. USE OF GROUND FLOOR FOR RETAIL COMMERCIAL BUSINESSES. 1. 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 one-third (1/3) of the ground floor for structures fronting on First Avenue except as provided in Subsection 2 of this Section. 2. (No changes proposed) 3. A bona fide retail commercial business shall operate within the front one-third (1/3) of the ground floor area of a building. 4. (No changes proposed) 5. (No changes proposed) Section 6. 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. - 3- 2112 Passed, approved and adopted this 3rd day of August ATTEST: Approved as to Form: 7r)~ II !)~ Michael H. Miller, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) Mayor ,1999. I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2112 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 3rd day of August , 1999, and that said Ordinance was adopted by the following vote, to wit: AYES: NOES: ABSENT: None Councilrnernber Marshall, Roncelli and Chandler Councilrnember Harbicht and Kovacic ~,<u/& ~~~ Cit;l rk of the City 0 rcadia - 4- 2112