HomeMy WebLinkAboutItem 1c: Ordinance 2287: Amending Article VI and IX of the Arcadia Municipal Code ORDINANCE NO. 2287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING ARTICLE VI
(BUSINESS, PROFESSIONS, TRADES AND OCCUPATIONS)
AND ARTICLE IX (DIVISION AND USE OF LAND) OF THE
ARCADIA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Article VI, Chapter 4, Part 1, Division 5 of the Arcadia Municipal
Code (Promotional Entertainment — Events Parking Lots) is hereby deleted in its
entirety.
SECTION 2. Article VI, Chapter 4, Part 3, Division 6 of the Arcadia Municipal
Code (Christmas Tree Sales and Pumpkin Sales) is hereby deleted in its entirety.
SECTION 3. Section 9281.4 of Article IX, Chapter 2, Part 8, Division 1 of the
Arcadia Municipal Code is hereby deleted in its entirety.
SECTION 4. Division 9 of Article VI, Chapter 4, Part 3 of the Arcadia
Municipal Code is hereby amended to read in its entirety as follows:
"DIVISION 9.
SIDEWALK AND PARKING LOT SALES."
SECTION 5. Section 6439.2 of Article VI, Chapter 4, Part 3, Division 9 of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6439.2. CONDITIONS OF SIDEWALK AND PARKING LOT SALES.
No merchant, vendor or seller shall place his goods, wares or merchandise
outside of his building for the purpose of storage, advertising, display or sale except
upon applying for and receiving a permit as set forth in Sections 6325.4 and 6325.6,
and such sidewalk or parking lot sales shall be permitted only in accordance with the
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regulations set forth in this Section:
(1) No business shall participate in more than two (2) sidewalk or parking lot sales
in any calendar year. No such sale may be conducted for more than two (2)
consecutive days and shall be held not earlier than 9:00 a.m. nor later than
9:00 p.m.
(2) Sidewalk and parking lot sales may only be conducted in Downtown Mixed
Use (DMU) or less restrictive zones.
(3) Only the goods, wares or merchandise normally of the type sold on the
premises may be offered for sale and such sale may only be conducted within
the extended lot lines of the premises offering such goods for sale.
(4) For parking lot sales, twenty-five (25%) of the parking area may be utilized for
the sales or display of merchandise. If the parking provided exceeds Code
requirements, those additional spaces may be utilized.
(5) Each sidewalk sale shall include the participation of a minimum of thirty
percent(30%) of the businesses on a block face.
(6) No merchandise or signs shall be displayed within fifty feet (50') of a
residentially zoned property.
(7) Tables, racks and other displays or merchandise may be placed on sidewalks
provided that a walkway of a minimum width of seven feet (7') be left clear
adjacent to the curb and, provided further, that all doorways, alleyways,
driveways and other means of ingress or egress to adjoining buildings and
property shall remain clear of obstruction.
(8) Any signs shall be permitted only during the conduct of the event and shall be
approved as to size and place by the Development Services Director or
designee at the time of application approval."
SECTION 6. Division 5 of Article IX, Chapter 2, Part 8 of the Arcadia Municipal
Code is hereby deleted in its entirety and a new Division 5 is substituted therefore to
read in its entirety as follows:
"9285.1. PURPOSE. It is the purpose of this Chapter to:
A. Recognize that a residential property owner or resident has a limited right
to conduct a small business from a residence (single-family, multi-family, any mixed use
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development, or accessory dwelling), and that a neighbor, under normal circumstances,
would not be aware of its existence; and
B. Maintain the residential character of residential neighborhoods.
9285.2. HOME OCCUPATIONS PROHIBITED WITHOUT PERMIT.
No person shall engage in business or transact and carry on any business, trade,
profession, calling or occupation on any property zoned for residential purposes without
an approved and unrevoked or unsuspended home occupation permit. No permit shall
be issued for a property on which there exists a violation of the law.
9285.3. PERMIT REQUIRED.
The establishment of a home occupation within a residence (single-family, multi-
family, mixed use, or accessory dwelling) shall be regulated by a one-time fee
application and annual license fee, established by resolution of the City Council for a
home occupation permit.
9285.4. PERMITTED HOME OCCUPATION USES
A. Home occupations are uses that generally do not interrupt or interfere with the
general nature or residential character of the residential neighborhood. The uses that
meet the performance standards in Section 9285.5 are permitted home occupations.
B. Any storage of flammable or hazardous materials for a home occupation is
subject to review and approval of the Arcadia Fire Department.
9285.5. PERFORMANCE STANDARDS
The following performance standards shall apply to all business uses of a residence and
to all home occupations, and shall be complied with at all times:
A. All business licenses shall be renewed by the license on annual basis.
B. Home occupation uses shall be incidental to the primary use of the structure
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as a residential use and shall not detract from the residential character of the
neighborhood. No more than four hundred (400) square feet of the floor area of the
dwelling unit may be used in connection with a home occupation, including any storage
in connection with a home occupation.
C. Only individuals permanently residing on the premises shall be employed
in the home occupation.
D. There shall be no exterior indication of the home occupation or variation
from the residential character of any buildings.
E. There shall be no exterior operations, storage, or display of materials in
conjunction with a home occupation.
F. There shall be no signs, banners, or flags displayed in conjunction with a
home occupation.
G. No home occupation activity shall produce any noxious matter, vibrations,
glare, dust, electrical interference, or perceptible noise beyond the lot lines of the
subject property.
H. The Development Services Director or designee shall have the right at any
time during normal City Hall business hours to enter and inspect the premises.
9285.6. PROCEDURE FOR OBTAINING PERMIT.
A. An application for a home occupation permit shall be submitted to the
Development Services Department on the appropriate application form.
B. The Development Services Director or designee shall review the
application to determine if the use and home occupation are authorized in the zone in
which they are proposed, and if the proposed use and home occupation meet the
requirements of this Division.
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C. If the application is for an authorized home occupation and use, and
meets the requirements of this Division, the Development Services Director or designee
shall approve the application and a home occupation permit will be issued.
D. If the use or home occupation is not authorized, or the application and/or
proposed use does not meet the requirements of this Division, the Development
Services Director or designee shall deny the application. The decision of the
Development Services Director or designee may be appealed to the Planning
Commission in accordance with Section 9285.7.
E. Unless suspended or revoked by the City, approval of the home
occupation permit is for the lifetime of the home occupation. Renewal of a business
license as required by the City shall be the only necessary renewal action of the permit-
holder to continue the home occupation.
9285.7. APPEALS
Appeals by an applicant must be filed in writing and delivered to Planning
Services within five (5) working days of the Director or designee's decision. Before
accepting an appeal, the City shall charge and collect a fee which shall be paid in an
amount established by resolution of the City Council.
Upon receipt in proper form of an appeal of the Director's or designee's decision,
the Secretary of the Planning Commission shall fix a time and place for a public hearing
thereon to be held not less than ten (10) calendar days nor more than forty (40)
calendar days thereafter.
Appeals from the Planning Commission decision shall be made to the City
Council. The decision of the City Council shall be final. Said appeal shall be made in
writing and delivered to the City Clerk within five (5) working days after the Planning
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Commission's decision. The decision of the Planning Commission may be appealed to
the City Council, in accordance with Arcadia Municipal Code Section 9522.
9285.8. SUSPENSION/REVOCATION OF PERMIT.
A. Upon a showing of probable cause by the City Code Services staff of a
violation of this Chapter or any conditions of approval by a home occupation permit-
holder, the Development Services Director or designee may suspend or revoke the
home occupation permit pending a hearing before the Planning Commission. The
Director or designee shall cause notice of the suspension or revocation order to be
served on the permit-holder by regular first-class U.S. mail.
B. Whenever the Director or designee has suspended or revoked a home
occupation permit, the Director or designee shall cause a noticed hearing to be held by
the Planning Commission within forty-five (45) days of the notice to consider the
suspension or revocation of the home occupation permit.
C. At the conclusion of the hearing, the Planning Commission may sustain the
Director's or designee's decision to suspend or revoke the home occupation permit, or
overturn the decision and order reinstatement of the permit. Before accepting an
appeal, the City shall charge and collect a fee which shall be paid in an ,amount
established by resolution of the City Council. The decision of the Planning Commission
may be appealed to the City Council in accordance with Arcadia Municipal Code
Section 9522.
9285.9. PENALTIES
It is unlawful and an infraction for any person, firm, or corporation to violate,
disobey, omit, neglect, refuse to comply with, or resist the enforcement of any provision
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of this Chapter. Any such violation is a misdemeanor or infraction punishable pursuant
to Sections 1200 and 1201 of the Arcadia Municipal Code."
SECTION 7. The title of Article IX, Chapter 2, Part 9 of the Arcadia Municipal
Code is hereby amended to read in its entirety as follows:
"PART 9.
VARIANCES, MODIFICATIONS, AMENDMENTS, ZONE
CHANGES, ANNEXATIONS, ARCHITECTURAL DESIGN
REVIEW AND SPECIAL USE PERMIT"
SECTION 8. A new Division 8 is hereby added to Article IX, Chapter 2 of the
Arcadia Municipal Code to read in its entirety as follows:
"DIVISION 8.
SPECIAL USE PERMIT
9298. PURPOSE
This Division establishes procedures for issuing a Special Use Permit to allow
short-term activities that may not meet the development or use standards of the
applicable zoning district, but may be acceptable because of their temporary nature.
9298.1. APPLICABILITY
Special events shall not be established, operated, or conducted in any manner
without issuance and maintenance of a valid Special Use Permit in compliance with this
Division. Uses that do not fall within the categories defined below shall comply with the
use and development regulations of the applicable zoning district.
9298.2. USES AND EVENTS PERMITTED WITH A SPECIAL USE PERMIT.
EVENT PERMIT PERMIT
FREQUENCY DURATION
Special Events — Temporary uses of land
involving temporary structures such as
barricades, fences, booths, tents or the Maximum 4 times Maximum 12
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parking of trailers, for such activities as per days for such
carnivals, circuses, fairs, festivals, non-profit calendar year, at use in any one
fund raising, concerts, farmers' markets, food any one site. calendar year.
events, outdoor entertainment, or arts and
crafts exhibits.
Christmas Tree and Halloween Pumpkin Maximum 2 times Maximum 45
Sales - Temporary outdoor sales of per days for such
Christmas trees and pumpkins may only be calendar year. use.
located on non-residentially zoned property.
EXCEPTION: The Development Services Director may deem other events or uses as
appropriate temporary uses subject to a Special Use Permit.
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9298.3. REGULATIONS FOR CHRISTMAS TREE AND PUMPKIN SALES
1. Secure an electrical permit for a temporary power pole if such temporary power
is to be used,
2. All overhead lighting shall be placed on poles installed at least thirty (30) inches
into the ground. Prior to installation an electrical permit shall be obtained from the City
for all power poles and lighting equipment and the type and installation of all lighting
equipment shall be approved by the Building Official. The power source for all lighting
on property already served by electricity shall be approved by the Building Official.
3. Unless permanent toilet facilities for each sex are available for public use on the
lot, two (2) chemical toilets shall be maintained thereon for public use at all times during
which the Christmas trees or pumpkins are being offered for sale, one to be marked
"Men" and one to be marked "Women".
4. No open fires shall be allowed on any lot and compliance with all local fire
regulations shall be required.
5. The Fire Chief or his designee shall approve the size, location and placement of
all tents and canopies used for storage and sales of Christmas trees.
6. All installations for the spraying of Christmas trees and the method of spraying
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shall be approved by the Fire Department.
9. A cash bond of one hundred and no/100 dollars ($100.00) shall be flied with
Building Services at the time of issuance of the certificate of occupancy to insure
compliance with the foregoing conditions and all debris, tree pruning, stumps, straw,
and garage shall be removed from the site leaving no evidence of seasonal outdoor
sales. Refund of the cash bond shall be made only if all requirements have been met to
the satisfaction of the Building Official. The cash bond specified may be waived by the
Building Official if in his opinion such bond will not be necessary to insure compliance
with the provisions of this Division because of special circumstances applicable to the
applicant and its proposed location of sales.
10. A separate license and a separate certificate of occupancy shall be required for
each location.
11. Outdoor Storage for Christmas trees - Pre-existing retail businesses engaging in
Christmas tree sales on their property may store such trees outside of their building
between December 1 and December 25 of each year. Such trees may only be stored
on:
a) Private pedestrian walkways adjacent to such business in such a manner as
to provide reasonable pedestrian passageway along the length of such
walkway; or
b) The parking lot area of such business, provided that not more than ten
percent (10%) of the total required parking spaces shall be used and that
there shall be no interference with the normal flow of traffic in the parking lot.
12. Outdoor Storage for Pumpkin sales - Pre-existing retail businesses engaged in
pumpkin sales on their property may store such pumpkins outside of their building
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between October 5 and October 31 of each year. Such pumpkins may only be stored
on:
a) Private pedestrian walkways adjacent to such business in such a manner as to
provide reasonable pedestrian passageway along the length of such walkway;
or
b) The parking lot area of such business, provided that not more than ten percent
(10%) of the total required parking spaces shall be used and that there shall
be no interference with the normal flow of traffic in the parking lot.
9298.4. CRITERIA FOR A SPECIAL EVENT.
The Development Services Director or designee shall review the special use
permit, based on the following criteria:
1. The site for the intended use is adequate in size and shape to accommodate said
use or event.
2. The location for the proposed use or event would not adversely interfere with
existing uses on the subject property; and would not impede or adversely impact
pedestrian access ways and/or vehicular circulation patterns.
3. The proposed use would not result in a significant adverse impact on adjacent
property.
4. That by requiring certain safeguards as conditions of approval, the proposed use
would not be detrimental to the public health, safety and welfare.
9298.5. DISTANCE TO RESIDENTIAL PROPERTY. PERMIT REQUIREMENTS
No equipment or apparatus related thereto shall be placed or maintained within one
hundred feet (100')of any residential uses.
9298.6. SIGNS
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A. Temporary window signs. Any additional window signs shall be permitted only
during the event and shall be approved as to size and placement at the time of
application approval.
B. The location of all signs shall comply with the driveway visibility standards.
C. Small directional signs may be permitted.
D. No signs shall be installed prior to issuance of a Special Use Permit.
E. All signs are subject to the approval of the Development Services Director or
designee.
9298.7. APPLICATION
Application for a Special Use Permit should be submitted at least four (4) weeks
prior to the date(s) proposed for such use or event on forms provided by the City and
shall include such plans as may reasonably be required by the Development Services
Director or designee for a complete understanding of the proposal, and a filing fee shall
be paid as established by resolution of the City Council.
9298.8. ACTION
A. Within twenty-one days after the Development Services Director deems
completion of the application for a Special Use Permit, the Development Services
Director or designee shall grant, deny, or conditionally grant the Special Use Permit,
based on the criteria in Section 9298.4.
B. In granting a Special Use Permit, the Development Services Director or
designee may impose conditions on the permit which are reasonable to ensure that the
proposed Special Use will comply with the applicable review criteria of this Title and any
other applicable provisions of this Chapter. Noncompliance with any condition of a
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Special Use Permit shall constitute a violation of the municipal code. Such conditions
may include, but are not limited to:
1. Setbacks and buffers;
2. Regulation of outdoor lighting;
3. Regulation of points of vehicular ingress and egress;
4. Regulation of noise, vibration, odors, etc.;
5. Regulation of the number, height and size of temporary structures,
equipment and/or signs;
6. Limitation on the hours and/or days of the proposed use;
7. If special sales are proposed, limitations on the location where sales may
occur, the number of vendors, and the scope of goods to be sold; and,
8. If food sales are involved, obtainment of all appropriate health department
permits.
C. Upon approval by the Development Service Director or designee of a Special
Use Permit, notice of the decision shall be given to the applicant and any interested
person.
9298.9. APPEALS
The applicant may appeal the Director's decision on an application for a Special
Use Permit to the Planning Commission. Appeals of the Planning Commission's
decision shall be made to the City Council. Said appeals shall be made in writing with
the reason(s) for the appeal to the Development Services Department within five (5)
working days of the decision and shall be accompanied by an appeal fee in accordance
with the applicable fee schedule adopted by resolution of the City Council.
Upon receipt of an appeal, the Secretary of the Planning Commission shall fix a
time and place for a hearing thereon to be held not less than ten (10) calendar days nor
more than thirty (30) calendar days thereafter."
SECTION 9. Section 9269.5 of Article IX, Chapter 2, Part 6, Division 9 of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
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"9269.5. OFF-STREET PARKING. No less than the following number of off-
street parking spaces shall be provided and maintained for each of the following uses,
except for those temporary reductions permitted by the Business License office for
parking lot sales and for promotional entertainment events. When the number of
required parking spaces results in a fraction of one-half or higher, the requirements shall
be rounded up to the next whole number.
Use Parking Spaces Required
Architects/Engineers 4 spaces per 1,000 sq. ft. of gross floor
area
Bars and Cocktail Lounges 15 spaces per 1,000 sq. ft. of gross floor
area
Day Care and/or preschool facilities 1 space per staff+ 1 per 5 children or 1
per 10 children if adequate drop off area
provided
Downtown Mixed Use
- Mixed-Use Residential 1.5 spaces per unit and 1 guest space
for every 2 units.
- Combined Uses Commercial uses are based upon this
table. A 25% reduction will be applied to
the project for all commercial uses due
to the proximity to the light rail station.
Emergency Shelters 2 spaces per 1,000 square feet of gross
floor area.
Financial Institutions including but not 4 spaces per 1,000 sq. ft. of gross floor
limited to banks, savings and loans, area.
and credit unions
Health Clubs, Fitness Centers, Indoor
Athletic Facilities and Exercise, 1 space per 100 sq. ft. of gross floor area
Dance/Gymnasium Studios up to in all workout areas.
Health Clubs, 3,000 sq. ft. of gross
floor area:
Health Clubs, Fitness Centers, Indoor Required parking spaces to be
Athletic Facilities and Exercise, determined through an approved
Dance/Gymnasium Studios Greater Conditional Use Permit.
than 3,000 square feet of gross floor
area:
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Hotels/Motels 1 space per room plus the number of
spaces required for ancillary uses such
as restaurants, large meeting rooms,
etc.
Industrial, Manufacturing 3 spaces per 1,000 sq. ft. of gross floor
area for projects up to 10,000 sq. ft. in
area.
2 spaces per 1,000 sq. ft. of gross floor
area for projects over 10,000 sq. ft. in
area.
Martial Arts Studios 1 space per 100 sq. ft. of instructional
floor area
Mixed Use
- Mixed-Use.Residential 1.5 spaces per unit and 1 guest space
for every 2 units.
- Combined Uses Commercial uses are based upon this
table. A 25% reduction will be applied to
the project for all commercial uses if the
parking area is located within 1,320 feet
(1/4 mile) of a light rail station.
Offices, General 4 spaces per 1,000 sq. ft. of gross floor
area.
Offices, Medical/Dental 6 spaces per 1,000 sq. ft. of gross floor
area
Offices, Medical/Dental (more than 5 spaces per 1,000 sq. ft. of gross floor
10,000 square feet of gross floor area). area
Optometrists and Opticians 5 spaces per 1,000 sq. ft. of gross floor
area
Public/Private Assembly buildings, 1 space per 5 permanent fixed seats; 1
churches, recreation community space per 35 sq. ft. of area w/non-fixed
buildings, private clubs seating; 1 space per 28 linear feet of
bench area
Psychologists, Psychiatrist and 4 spaces per 1,000 sq. ft. of gross floor
Counseling offices area
Residential (Multiple-Family) 2 spaces per unit and 1 guest space per
R-2, R-3 and R-3-R every 2 units.
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Restaurant of not more than 1,500 5 spaces per 1,000 square feet of gross
square feet of gross floor area and/or floor area
with up to 12 seats).
Restaurant more than 1,500 square 10 spaces per 1,000 sq. ft. of gross floor
feet and/or with more than 12 seats. area
Regional Shopping Centers 4.75 per 1,000 sq. ft. of gross leasable
area
Senior Citizen affordable apartment 1 space per unit
housing
Senior Citizen assisted living facility 1.5 spaces per unit
Senior Citizen Market rate housing 2 spaces per unit
units
Movie theater, performing arts center 1 space per 3 fixed seats
Tutorial schools; learning centers; Facilities for students under high school
Trade schools, Private schools age: 1 space per employee plus 1 space
for every 5 students.
Trade Schools/Private schools, Learning
centers for students of high school age
or older: 1 space per employee plus 1
space for every 3 students.
Warehouses 2 spaces per 1,000 sq. ft. of gross floor
area.
Other Permitted Uses, including but 5 spaces per 1,000 sq. ft. of gross floor
not limited to retail, service uses, nail area.
and beauty salons, spas, adult
entertainment
NOTES:
1. A 25% reduction will be applied to the off-street parking requirement for any
commercial use that is located within 1,320 feet (1/4 mile) of a light rail station.
2. Land uses not specifically listed in the above chart shall provide parking as
noted in "Other Permitted Uses" unless otherwise set forth in other sections
of the Arcadia Municipal Code.
3. For buildings which exceed three (3) stories in height, the required parking
shall be in accordance with AMC Section 9276.2.11.
4. Eligible projects within the CBD Zone may choose to provide required parking
by using the Alternative Shared-Use Parking Standards (Table 9264.2.4)
otherwise they are to provide parking for the project's exclusive use under the
standards established in this Division."
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SECTION 10. Section 9220.7.1 is hereby added to Article IX, Chapter 2, Part 2
of the Arcadia Municipal Code to read in its entirety as follows:
"9220.7.1. BARS AND COCKTAIL LOUNGES.
A bar or cocktail lounge is an establishment which serves alcoholic beverages for
on-site consumption as the primary use, including bars, cocktail lounges, pubs, taverns,
and similar establishments where any food service is subordinate to the sale of
alcoholic beverages, and which may offer entertainment such as music and dancing as
a secondary activity, subject to a CUP, and which may also include beer brewing as
part of a microbrewery, and other beverage tasting facilities."
SECTION 11. Section 9220.23.1 of Article IX, Chapter 2, Part 2 of the Arcadia
Municipal Code is hereby deleted in its entirety.
SECTION 12. Section 9220.51.1 of Article IX, Chapter 2, Part 2 of the Arcadia
Municipal Code is hereby amended to read in its entirety as follows:
"9220.51.1. RESTAURANTS
A restaurant is an eating establishment where food and drink are prepared on the
premises and customarily ordered by patrons, regardless of the manner in which the
food and drink are served or whether the food and drink are consumed on or off the
premises, and which may provide indoor and/or outdoor seating. This includes take-out
and fast-food services, and incidental delivery service. A restaurant that has a bar area
exceeding 30 percent of the serving area shall be classified as a bar or cocktail lounge."
SECTION 13. Section 9274.1.11 is hereby added to Article IX, Chapter 2,
Part 7, Division 4, Title 1 of the Arcadia Municipal Code to read in its entirety as follows:
"9274.1.11. SAME.
Churches by a Conditional Use Permit."
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SECTION 14. Section 9275.1.43 of Article IX, Chapter 2, Part 7, Division 5 of
the Arcadia Municipal Code is hereby amended in its entirety to read as follows:
"9275.1.43. CHURCHES.
R-0, R-1, R-2, R-3, C-O, and S-2 Zones."
SECTION 15. Section 9275.1.45 of Article IX, Chapter 2, Part 7, Division 5 of
the Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"9275.1.45. DRIVE-IN BUSINESSES, INCLUDING BUT NOT LIMITED TO
RESTAURANTS, BANKS, LIQUOR STORES, CLOTHING AND CLEANING
ESTABLISHMENTS AND DAIRY PRODUCT STORES.
C-2 or any less restrictive commercial or industrial zone."
SECTION 16. Section 9275.1.45.1 of Article IX, Chapter 2, Part 7, Division 5
of the Arcadia Municipal Code is hereby deleted in its entirety.
SECTION 17. Section 9275.1.45.3 is hereby added to Article IX, Chapter 2,
Part 7, Division 5 of the Arcadia Municipal Code to read in its entirety as follows:
"9275.1.45.3. ENTERTAINMENT
A restaurant, bar/cocktail lounge, or club that provides live entertainment such as
dancing, music, or similar activities to patrons in any zone shall be subject to a
Conditional Use Permit."
SECTION 18. Section 9275.1.53.5 of Article IX, Chapter 2, Part 7, Division 5
of the Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"9275.1.53.5. RESTAURANTS.
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A restaurant that exceeds 1,500 square feet of gross floor area, and/or provides
more than 12 seats, and with alcoholic beverage sales in any zone shall be subject to a
Conditional Use Permit.
EXCEPTION: A restaurant that exceeds 1,500 square feet of gross floor area
with no sales of alcoholic beverage is allowed by right in the DMU and MU zones."
SECTION 19. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published at least once in the official newspaper of
said City within fifteen (15) days after its adoption. This Ordinance shall take effect on
the thirty-first (31St) day after its adoption.
Passed, approved and adopted this day of , 2011.
Mayor of City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
P 4514741
Stephen P. Deitsch
City Attorney
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�4a3ty of 0$` STAFF REPORT
Development Services Department
DATE: October 4, 2011
TO: Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director5L-
Jim Kasama, Community Development Admi istrato
Prepared By: Lisa Flores, Senior Planner
SUBJECT: CONSIDERATION OF TEXT AMENDMENT NO. TA 11-04 FOR AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTIVLE VI (BUSINESS, PROFESSION,
TRADES AND OCCUPATIONS) AND ARTICLE IX (DIVISION AND USE
OF LAND) OF THE ARCADIA MUNICIPAL CODE AND A RESOLUTION
ESTABLISHING DEVELOPMENT SERVICES DEPARTMENT FEES FOR
SPECIAL USE PERMIT.
Recommended Action: Adopt Resolution No. 6796 and Introduce
Ordinance No. 2287
SUMMARY
In an on-going effort to update the Zoning Ordinance, the Development Services
Department is initiating eleven (11) text amendments to Arcadia Municipal Code, Article
VI, Business, Professions, Trades and Occupations and Article IX, Division and Use of
Land. A copy of the proposed text amendments is presented in Exhibit 'A'. The
Development Services Department is recommending approval of the proposed text
amendments set forth in this staff report.
These Amendments are considered "clean-up" to various sections of the code to
facilitate the new changes and streamlining of our existing ordinances. The
amendments are based primarily on the Staff and Planning Commission's experiences
with issues raised and are designed to provide efficiency in our land use regulations.
DISCUSSION
The proposed text amendments affect two Articles of the Arcadia Municipal Code. The
first part is to remove Promotional Entertainment Events — Parking Lots and Christmas
Tree Sales and Pumpkin Sales regulations from Article VI, Businesses, Professions,
Trades and Occupations, and establish a new process for Special Use Permits in the
Zoning Ordinance, which is in Article IX, Division and Use of Land. The second part is to
amend several provisions of the Zoning Ordinance. The proposed amendments in
Exhibit 'A' show the new language in red italics and proposed deletions with a
"s#r-icethreug#". Summaries of the major proposed changes are as follows:
Special Use Permits
The Code currently has regulations for Promotional Entertainment Events — Parking
lots; and Christmas Tree and Halloween Pumpkin Sales in Article VI, the Business
License regulations. In the absence of regulations for Special Events, business
licensing staff has been processing temporary special events through an informal
Special Event application. Examples of special events include concerts, carnivals,
charitable fund-raising carwashes, 5K runs, etc.
The proposal is to formalize the long-standing policies and processes for special events
(as was recently done for Santa Anita Park). The proposed new regulations will provide
for consistency in the application review and approval process, as well as providing staff
the necessary tools to conduct reviews more effectively and efficiently. Additionally, the
new regulations will improve the process and clarify to the public the requirements for a
special event.
Because special events are temporary and short-term activities, staff is proposing that
the permit process be handled administratively with conditions to be placed on the event
to address common concerns, such as parking, traffic, hours of operation, and noise. In
order to receive a special use permit, the event must satisfy at least all of the following
criteria:
1. The site for the intended use is adequate in size and shape to
accommodate said use or event.
2. The site for the proposed use or event would not adversely interfere with
existing uses on the subject property; and would not impede or adversely
impact pedestrian access ways and/or vehicular circulation patterns.
3. The proposed use would not result in a significant adverse impact on
adjacent property.
4. That by requiring certain safeguards as conditions of approval, the proposed
use would not be detrimental to the public health, safety and welfare.
Staff believes this new process will allow for better coordination between City
departments, and facilitate zoning enforcement, as well as encourage greater utilization
of commercial properties.
Sidewalk and Parking Lot Sales
In the absence of regulations for parking lot sales, requests for these events were also
processed as a special event. The proposed text amendment will formalize the process
and include parking lot sales with the sidewalk sales regulations since the activities are
very similar. For parking lot sales and events, the activity will be limited to occupying
not more than 25% of the parking lot area.
Text Amendment No. TA 11-04
October 4, 2011
Page 2
Home Occupations
Staff has been running into several challenges when reviewing home occupation
applications; such as, authenticating the ownership of adjacent properties, which are
currently required to sign-off on the applications, and determining the appropriateness
of certain occupations. This text amendment would simplify the process, and update
the list of home occupations to include new uses that meet the current needs of the
community. The process will be streamlined by eliminating the requirement of having
the adjacent property owners sign-off.
Off-Street.Parking Requirements
These are two modifications proposed to major land use groups with regard to parking
requirements.
Restaurant Parking
Section 9269.5 of the Zoning Ordinance, which governs most aspects of commercial
and industrial off-street parking requirements, provides different requirements for
restaurants, fast food restaurants, restaurants with alcoholic beverage service, and
restaurants with drive-through service. The current standards are confusing to
applicants, and often result in parking modifications being necessary after a restaurant
has begun operations. To simplify the requirements, staff recommends removing the
fast food distinction, and differentiating the parking requirements based on the size
and/or seating capacity of the restaurant:
• Restaurants of less than 1,500 square feet and/or with no more than 12 seats
are to have 5 parking spaces for every 1,000 square feet (same as "retail");
• Restaurants of 1,500 square feet or more and/or with more than 12 seats are
to have 10 parking spaces for every 1,000 square feet; and
• Bars and Cocktail Lounges are to have 15 spaces per 1,000 square feet of
gross floor area.
Many of the shopping centers in the City that have restaurants operate adequately in
terms of shared parking. Staff believes that allowing small restaurants with limited
seating will not impact the parking availability in shopping centers. This requirement will
also eliminate confusion of having a "take out" food establishment that is not allowed to
have seats.
The text amendment will also eliminate the separate definition of "Eating Establishment"
to utilize the following new definitions for"Restaurant" and "Bars and Cocktail Lounges:"
• Restaurants — A restaurant is an eating establishment where food and drink
are prepared on the premises and customarily ordered by patrons, regardless
of the manner in which the food and drink are served or whether the food and
drink are consumed on or off the premises, and which may provide an indoor
and/or outdoor seating area; this includes take-out and fast-food services,
Text Amendment No. TA 11-04
October 4, 2011
Page 3
and incidental delivery service. A restaurant that has a bar area exceeding
30 percent of the dining area shall be classified as a bar or cocktail lounge.
• Bars and Cocktail Lounges — An establishment serving alcoholic beverages
for on-site consumption as the primary use, including bars, cocktail lounges,
pubs, taverns, and similar establishments where any food service is
subordinate to the sale of alcoholic beverages, and may offer entertainment
such as music and dancing as a secondary activity. The establishment may
also include beer brewing as part of a microbrewery, and other beverage
tasting facilities.
Medical and Dental Office Parking
In recent years, the City has seen a rising demand for medical/dental office uses, and
parking is often an issue because commercial developments that were not intended for
medical/dental offices were not developed with the current medical/dental office parking
requirement of 6 spaces per 1,000 gross square feet. Regular office uses require 4
spaces per 1,000 gross square feet, and retail requires 5 spaces per 1,000 gross
square feet. The increased demand for medical/dental office uses is not being met by
new development due to a lack of available sites. The result is an increasing demand to
convert regular office spaces and retail spaces into medical/dental offices. This process
almost always necessitates a parking modification. In reviewing these cases, staff has
found that in those cases where a large general office building (i.e., 10,000 square feet
or more) was converted into a medical building, there is more than adequate parking,
even though the building does not meet the 6 spaces per 1,000 gross square-foot,
medical/dental office parking ratio. The reason for this appears to be because these
larger medical/dental office buildings devote a relatively larger proportion of square-
footage to common spaces; such as, elevator lobbies, hallways, and restrooms. Staff
has consulted with designers, and they agree that this is the case: Common spaces in
newer medical/dental buildings have become larger in response to accessibility
requirements, healthcare standards, and building code changes. Staff also surveyed
several other cities, and found that Arcadia is the most restrictive. The requirements at
neighboring cities are as follows:
E e .x SlL<:r+`'n� �� ":r 4� .:. r , nyy,,;t11 ' { *:4 .
5 s•aces •er 1,000 s•. ft. of •ross floor area
Rosemead 5 s•aces •er 1,000 s•.ft. of •ross floor area
Monrovia 5 s•aces •er 1,000 s•.ft. of •ross floor area
Pasadena 4 s•aces •er 1,000 s•uare feet of •ross floor area
South Pasadena 4 s•aces •er 1,000 s•uare feet of •ross floor area
On the other hand, in those cases where there has been a request to convert a single
general office or retail space into a medical/dental space, the projected parking
demands of that medical/dental use often exceed the 6 spaces per 1,000 gross square-
foot, medical/dental office parking ratio. To address this, the requisite parking
modifications have been conditioned with the new medical/dental use being restricted to
a sole-practitioner and/or to a type of specialized practice that does not generate a high
parking demand.
Text Amendment No. TA 11-04
October 4, 2011
Page 4
In response to this situation, staff is proposing an adjustment to the parking requirement
for medical/dental uses to reduce the requirement from 6 spaces per 1,000 square feet
of gross floor area to 5 spaces per 1,000 square feet of gross floor area for
medical/dental uses of more than 10,000 square feet of gross floor area.
S-2, Public Purpose Zone — Churches
This amendment is a cleanup that is needed due to the changing of all school sites to
the S-2, Public Purpose Zone, which was done in conjunction with the General Plan
Update.
Churches, particularly new churches, or those that for whatever reason are transitioning
between locations, will occasionally rent space at a public school site. Prior to the
rezoning of all school sites from residential to S-2, churches were allowed at those sites
with an approved Conditional Use Permit (CUP) because churches are authorized to
operate with an approved CUP in residential zones. The S-2 zoning is not included in
the zones authorized for a CUP for churches. Therefore, when the S-2 zoning was
applied to the school sites, it effectively prohibited churches from using school sites.
This was not intended, and this amendment adds the S-2 zoning to the list of zones
authorized for CUPs for churches.
PLANNING COMMISSION ACTION
At the regular meeting on July 26, 2011, the Planning Commission considered the
proposed text amendment at a public hearing. After discussion, the Commission
suggested that the list of Home Occupations be eliminated since it could become
obsolete in a short time. Instead, the Commission recommended the wording be
amended to allow any home occupation as long as it complies with all the performance
standards (Section 9285.5), and does not interrupt or interfere with the general nature
or residential character of the neighborhood. The Planning Commission recommended
changes are shown with a "str4ketlaceughE in blue. The Planning Commission voted 4-0
with one Commissioner absent to recommend approval of the proposed text
amendments.
ENVIRONMENTAL ASSESSMENT
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the
Development Services Department has prepared an Initial Study for the proposed text
amendments. The Initial Study did not disclose any substantial or potentially substantial
adverse change that cannot be mitigated to a level that is less than significant in any of
the physical conditions within the areas affected by the project, including land, air,
water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic
significance. Therefore, a Negative Declaration has been prepared for this project.
FISCAL IMPACT
The proposed text amendment and ordinance will have no direct fiscal impact.
Text Amendment No. TA 11-04
October 4, 2011
Page 5
RECOMMENDATION
The Development Services Department recommends approval of Text Amendment No.
TA 11-04.
RECOMMENDED ACTION
It is recommended that the City Council accept the CEQA determination of a Negative
Declaration and move to:
1) Introduce an Ordinance of the City Council of the City of Arcadia, California,
amending Article VI (Business, Professions, Trades and Occupations) and Article
IX (Division and Use of Land) of the Arcadia Municipal Code; and
2) Adopt Resolution No. 6897, establishing Development Services Department
Fees for Special Use Permit.
Approved: 3) 0
Donald Penman, City Manager
Attachments: Exhibit 'A' — Draft Text Amendments
Ordinance No. 2287
Resolution No. 6796
Initial Study— Negative Declaration
Text Amendment No. TA 11-04
October 4, 2011
Page 6
ARTICLE VI.-BUSINESSES, PROFESSIONS,TRADES AND OCCUPATIONS
CHAPTER 4.-SPECIAL REGULATIONS
PART 3.-COMMERCIAL ENTERPRISES(Continued)
DIVISION 9.-SIDEWALK AND PARKING LOT SALES
DIVISION 9. - SIDEWALK AND PARKING LOT SALES
6439.1. - COMMERCIAL USE OF SIDEWALK.
Except as otherwise expressly provided in the Arcadia Municipal Code, no person shall conduct any
commercial activity on a public street, sidewalk or parkway.
6439.2. - CONDITIONS OF SIDEWALK AND PARKING LOT SALES.
No merchant, vendor or seller shall place his goods, wares or merchandise outside of his building for the
purpose of storage, advertising, display or sale except upon applying for and receiving a permit as set
forth in Section 6324.18.5, and such sidewalk sales shall be permitted only in accordance with the
regulations of this Section:
(1) No business shall participate in more than two(2)sidewalk or parking lot sales in any calendar
year. No such sale may be conducted for more than two(2)consecutive days and shall be held not
earlier than 9:00 a.m. nor later than 9:00 p.m.
(2) Sidewalk and parking lot sales may only be conducted in C-1 or less restrictive zones.
(3) Only the goods, wares or merchandise normally of the type sold on the premises may be
offered for sale and such sale may only be conducted within the extended lot lines of the premises
offering such goods for sale.
(4) For parking lot sales, twenty-five (25%) of the parking area may be utilized for the sales or
display of merchandise. If the parking provided exceeds Code requirements, those additional
spaces may be utilized.
(5) Each sidewalk sale shall include the participation of a minimum of thirty percent (30%) of the
businesses on a block face.
(6) No merchandise or signs shall be displayed within fifty feet (50') of a residentially zoned
property.
(7) Tables, racks and other displays or merchandise may be placed on sidewalks provided that a
walkway of a minimum width of seven feet (7') be left clear adjacent to the curb and, provided
further, that all doorways, alleyways, driveways and other means of ingress or egress to adjoining
buildings and property shall remain clear of obstruction.
(8) Any signs shall be permitted only during the conduct of the event and shall be approved as to
size and place by the Development Services Director or designee at the time of application
approval.
Exhibit A:TA 11-04—Sidewalk and Parking Lot Sales
October 4,2011
Page 1
ARTICLE IX.-DIVISION AND USE OF LAND
CHAPTER 2.-ZONING REGULATIONS
PART 8.-GENERAL PROVISIONS
DIVISION 5.-HOME OCCUPATIONS
DIVISION 5. - HOME OCCUPATIONS
9285.1. - PURPOSE.
It is the purpose of this Chapter to:
A. Recognize that a residential property owner or resident has a limited right to conduct a small business
from a residence(single-family, multi-family, mixed use, or accessory dwelling); and
B. Maintain the residential character of residential neighborhoods.
9285.2. - HOME OCCUPATIONS PROHIBITED WITHOUT PERMIT.
No person shall engage in business or transact and carry on any business, trade, profession, calling or
occupation on any property zoned for residential purposes without an approved and unrevoked or
unsuspended home occupation permit. No permit shall be issued for a property on which there exists a
violation of the law.
9285.3.—AUPERMIT REQUIRED.
The establishment of a home occupation within a residence (single-family, multi-family, mixed use, or
accessory dwelling)shall be regulated by a one-time application fee and annual license fee, established
by resolution of the City Council for a home occupation permit.
- - - - - _ -- _ - =_ _ _ -
.•• _ _ _ - _ - "- - - ' ' _ _ '- _ _ _ - _ _= •_ _ , _ - _, __ -
, _ _ _ _ _ - - ' - "- ,
•
9285.4. - PERMITTED HOME OCCUPATION USES
A. Home occupations are uses that generally do not interrupt or interfere with the general nature or
residential character of the residential neighborhood. The uses that meet the performance standards
in Section 9285.5 are permitted home occupations. - - - - •=- - - - - =- - " === -
1. Accountant
Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 1
'1. Architectural service;
5. Art restoration;
7. Bookkeeper;
8. Catering Service;
•
;
15. Exterminator;
;
18. Gardener;
1-97—Handyman
26. Locksmith;
30. PhotograPheri
;
;
38. Travel sorvico
•
10. Typist;
/12. Watch repair
B. Any storage of flammable or hazardous materials for a home occupation is subject to review and
approval of the Arcadia Fire Department.
9285.5. -PREREQUISITE4ONDITIONS,PERFORMANCE STANDARDS
Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 2
The following performance standards shall apply to all business uses of a residence and to all home
occupations, and shall be complied with at all times:
A. All business license shall be renewed by the license on an annual basis.
B. Home occupation uses shall be incidental to the primary use of the structure as a residential use and
shall not detract from the residential character of the neighborhood. No more than four hundred
(400)two dreg ( )square feet of the floor area of the dwelling unit may be used in connection
with a home occupation, including any storage in connection with a home occupation.
C. Only individuals permanently residing on the premises shall be employed in the home occupation.
D. There shall be no exterior indication of the home occupation or variation from the residential character
of any buildings.
E. There shall be no exterior operations, storage, or display of materials in conjunction with a home
occupation.
F. There shall be no signs, banners, or flags displayed in conjunction with a home occupation.
G. No home occupation activity shall produce any noxious matter, vibrations, glare, dust, electrical
interference, or perceptible noise beyond the lot lines of the subject property.
H. The Development Services Director or designee shall have the right at any time during normal City
Hall business hours to enter and inspect the premises.
9285 G SAMC EMP OYMENT
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Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 3
9285.6.5.-_ SAME Fl OOR AREw
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- - - - -- - - - - - - - - - :" .
9285440 _ SAMC I ITII ITIES
9286.6.11. - SAMC INSPECTION
Department.
9285.6. - PERMITTED- USE& PROCEDURE FOR OBTAINING PERMIT.
A. An application for a home occupation permit shall be submitted to the Development Services
Department on the appropriate application form.
B. The Development Services Director or designee shall review the application to determine if the use
and home occupation are authorized in the zone in which they are proposed, and if the proposed use
and home occupation meet the requirements of this Division.
C. If the application is for an authorized home occupation and use, and meets the requirements of this
Division, the Development Services Director or designee shall approve the application and a home
occupation permit will be issued.
D. If the use or home occupation is not authorized, or the application and/or proposed use does not meet
the requirements of this Division, the Development Services Director or designee shall deny the
application. The decision of the Development Services Director or designee may be appealed to the
Planning Commission in accordance with Section 9285.7.
Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 4
E. Unless suspended or revoked by the City, approval of the home occupation permit is for the lifetime of
the home occupation. Renewal of a business license as required by the City shall be the only
necessary action renewal of the permit-holder to continue the home occupation.
. _ - +
9285.6.1.1. @AMC SAME ACf OUNTANT
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R0, RM, RI.
R 0, R M, R I, R 2 R 3.
D 0 M D I C 2 D_4
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R 0, R M, R I, R 2, R 3.
Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 5
R 0, R M, R I, R 2, R 3.
R 0, R M, R I, R 2, R 3.
R 0, R M, R I, R 2, R 3.
R0, RM, R1.
9286 a A .18 _ SAME SA E REAL TARS•
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R 0, R M, R I, R 2, R 3.
R 0, R M, R 1, R 2, R 3.
91285.6.2.1.—SrAaME. SAME. C OTHING
R 0, R M, R I, R 2, R 3.
R 0, R M, R I, R 2, R 3.
R 0, R M, R I, R 2, R 3.
9286.8.2.4. SAME.S AME. JEWELRY.
R 0, R M, R I, R 2, R 3.
R 0, R M, R 1, R 2, R 3.
Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 6
9285.6.2.6. S ME SAMC ACR_ A M —AME.
R0, RM, RI, R2, R3.
9285.6.2.7. SAMC SAMC NAVEL TICS
R 0, R M, R I, R 2, R 3.
9285.6 2 8. - SAMC SA E. POTTED PI ANTS
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9285.6.2.9. SA E SAMC TAVS
R 0, R M, R I, R 2, R 3.
9285.6.3 SAME SER\ACE.
9285.6.3.1. SAME SAMC CHIT D CARE.
9285.6.3.3. SAME SAME TUTOR■•- - - - --s , , , ,
9285.7. - APPEALS
Appeals by an applicant must be filed in writing and delivered to Planning Services within five(5)working
days of the Director or designee's decision. Before accepting an appeal, the City shall charge and collect
a fee which shall be paid in an amount established by resolution of the City Council.
Upon receipt in proper form of an appeal of the Director's or designee's decision, the Secretary of the
Planning Commission shall fix a time and place for a public hearing thereon to be held not less than ten
(10)calendar days nor more than forty(40)calendar days thereafter.
Appeals from the Planning Commission decision shall be made to the City Council. The decision of the
City Council shall be final. Said appeal shall be made in writing and delivered to the City Clerk within five
(5) working days after the Planning Commission's decision. The decision of the Planning Commission
may be appealed to the City Council, in accordance with Arcadia Municipal Code Section 9600.
Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 7
9285.8. - SUSPENSION/REVOCATION OF PERMIT.
- - _ • _ _ _ - - - -- - - = - _- • - _ - = - _ = = -
A. Upon a showing of probable cause by the City Code Services staff of a violation of this Chapter or any
conditions of approval by a home occupation permit-holder, the Development Services Director or
designee may suspend or revoke the home occupation permit pending a hearing before the Planning
Commission. The Director or designee shall cause notice of the suspension or revocation order to be
served on the permit-holder by regular first-class U.S. mail.
B. Whenever the Director or designee has suspended or revoked a home occupation permit, the
Director or designee shall cause a noticed to be held by the Planning Commission within forty-five
(45) days of the notice hearing to consider the suspension of revocation of the home occupation
permit.
C. At the conclusion of the hearing, the Planning Commission may sustain the Director's or designee's
decision to suspend or revoke the home occupation permit, or overturn the decision and order
reinstatement of the permit. The decision of the Planning Commission may be appealed to the City
Council in accordance with Arcadia Municipal Code Section 9600.
9285.9. -FEE.PENALTIES
It is unlawful and an infraction for any person,firm, or corporation to violate, disobey, omit, neglect, refuse
to comply with, or resist the enforcement of any provision of this Chapter. Any such violation is a
misdemeanor or infraction punishable pursuant to Sections 1200 and 1201 of the Arcadia Municipal
Code.
- -- - - - - - - - - - - -- -- - -
9285,42,---APPEAL-&--
- - - - - -- -
- - - ■ - -
-- - - -- • - .- I _ • ,
Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 8
• • • • •- - _ - _ - _ - - _ -- _ = - . - - - • - _ - - _ - _- -•_— - _ = _ _ _ _ _ - - - - _ - - •- - _ - =o,•
- - - - ' - - - _ -' -t- - --•- - - - - - - - - - - • - - - - —•-- - -- -
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9205.12.1. _ CAME CREATION
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9285.12.1.2. SAME. QAME. AUTHO I'
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Exhibit A:TA 11-04—Home Occupations
October 4,2011
Page 9
9286a16-,- -REISMIT-F ENEWAL.
Council.
9286.16. PERMIT NOT TRANSFERABLE.
issued— -
- • . -
•.
Exhibit A:TA 11-04—Home Occupations
October 4, 2011
Page 10
ARTICLE IX.-DIVISION AND USE OF LAND
CHAPTER 2.-ZONING REGULATIONS
PART 9.—Variances, Modifications,Amendments,Zone Changes,Annexations,Architectural Design Review and
Special Use Permit
DIVISION 8.—SPECIAL USE PERMIT
Division 8. Special Use Permit
DIVISION 8. SPECIAL USE PERMIT.
9298. PURPOSE
This Division establishes procedures for issuing a Special Use Permit to allow short-term
activities that may not meet the development or use standards of the applicable zoning district,
but may be acceptable because of their temporary nature.
9298. 1 APPLICABILITY
Special events shall not be established, operated, or conducted in any manner without issuance
and maintenance of a valid Special Use Permit in compliance with this Division. The-fellewing
. Uses that do not fall within the categories defined
below shall comply with the use and development regulations of the applicable zoning district.
9298.2- USES AND EVENTS PERMITTED WITH A SPECIAL USE PERMIT.
EVENT PERMIT PERMIT
FREQUENCY DURATION
Special Events — Temporary uses of land
involving temporary structures such as
barricades, fences, booths, tents or the parking of Maximum Maximum
trailers, for such activities as carnivals, circuses, 4 times per 12 days for such
fairs, festivals, non-profit fund raising concerts, calendar year. use in any one
farmers market, food events, outdoor calendar year.
entertainment, or arts and crafts exhibits.
Christmas Tree and Halloween Pumpkin Sales Maximum 2 times Maximum 45 days
per for such use.
Temporary outdoor sales of Christmas trees and calendar year.
pumpkins may only be located on non-
residentially zoned property.
EXCEPTION: The Development Services Director may deem other events or uses as
appropriate temporary uses subject to a Special Use Permit.
9298.3 REGULATIONS FOR CHRISTMAS TREE AND PUMPKIN SALES
1. Secure an electrical permit for a temporary power pole if such temporary power is to be
used.
Exhibit A:TA 11-04—Special Use Permit
October 4, 2011
Page 1
sold.
2. All overhead lighting shall be placed on poles installed at least thirty (30) inches into the
ground. Prior to installation an electrical permit shall be obtained for all power poles and
lighting equipment and the type and installation of all lighting equipment shall be approved
by the Building Official. The power source for all lighting on property already served by
electricity shall be approved by the Building Official.
3. Unless permanent toilet facilities for each sex are available for public use on the lot, two (2)
chemical toilets shall be maintained thereon for public use at all times during which the
Christmas trees or pumpkins are being offered for sale, one to be marked "Men" and one
to be marked 'Women".
4. No open fires shall be allowed on any lot and compliance with all local fire regulations shall
be required.
5. The Fire Chief or his designee shall approve the size, location and placement of all tents
and canopies used for storage and sales of Christmas trees.
6. All installations for the spraying of Christmas trees and the method of spraying shall be
approved by the Fire Department.
• .
was-iscsued.
issued:
7. A cash bond of one hundred and no/100 dollars ($100.00) shall be filed with the
Department of Building and Safety at the time of issuance of the certificate of occupancy
to insure compliance with the foregoing conditions and all debris, tree pruning, stumps,
straw, and garbage shall be removed from the site leaving no evidence of seasonal
outdoor sales. Refund of the cash bond shall be made only if all requirements have been
met to the satisfaction of the Building Official . The
cash bond specified may be waived by the Building Official
6220.12.2 if in his opinion such bond will not be necessary to insure compliance with the
provisions of this Division because of special circumstances applicable to the applicant
and its proposed location of sales.
8. A separate license and a separate certificate of occupancy shall be required for each
location.
9. Outdoor Storage for Christmas trees - Pre-existing retail businesses engaging in
Exhibit A: TA 11-04—Special Use Permit
October 4, 2011
Page 2
Christmas tree sales on their property may store such trees outside of their building
between December 1 and December 25 of each year. Such trees may only be stored on:
a) Private pedestrian walkways adjacent to such business in such a manner as to
provide reasonable pedestrian passageway along the length of such walkway; or
b) The parking lot area of such business, provided that not more than ten percent(10%)
of the total required parking spaces shall be used and that there shall be no
interference with the normal flow of traffic in the parking lot.
10. Outdoor Storage for Pumpkin sales - Pre-existing retail businesses engaged in pumpkin
sales on their property may store such pumpkins outside of their building between October
5 and October 31 of each year. Such pumpkins may only be stored on:
a) Private pedestrian walkways adjacent to such business in such a manner as to
provide reasonable pedestrian passageway along the length of such walkway; or
b) The parking lot area of such business, provided that not more than ten percent (10%)
of the total required parking spaces shall be used and that there shall be no
interference with the normal flow of traffic in the parking lot.
9298.4 CRITERIA FOR A SPECIAL EVENT.
The Development Services Director or designee shall review the special use permit, based on
the following criteria:
1. The site for the intended use is adequate in size and shape to accommodate said use or
event.
2. The location for the proposed use or event would not adversely interfere with existing
uses on the subject property; and would not impede or adversely impact pedestrian
access ways and/or vehicular circulation patterns.
3. The proposed use would not result in a significant adverse impact on adjacent property.
4. That by requiring certain safeguards as conditions of approval, the proposed use would
not be detrimental to the public health, safety and welfare.
9298.5—DISTANCE TO RESIDENTIAL PROPERTY. PERMIT REQUIREMENTS
No equipment or apparatus related thereto shall be placed or maintained
within one hundred feet(100')of any residential uses.
9298.6—SIGNS
A. Temporary window signs. Any additional window signs shall be permitted only during the
event and shall be approved as to size and placement at the time of application approval.
B. The location of all signs shall comply with the driveway visibility standards.
C. Small directional signs may be permitted.
D. No signs shall be installed prior to issuance of a Special Use Permit.
E. All signs are subject to the approval of the Development Services Director or designee.
Exhibit A: TA 11-04—Special Use Permit
October 4, 2011
Page 3
9298.7—APPLICATION
Application for a Special Use Permit should be submitted at least four (4) weeks prior to the
date(s) proposed for such use or event on forms provided by the City and shall include such
plans as may reasonably be required by the Development Services Director or designee for a
complete understanding of the proposal, and a filing fee shall be paid as established by
resolution of the City Council.
9298.8—ACTION
A. Within twenty-one days after the Development Services Director deems completion of an
application for a Special Use Permit, the Development Services Director or designee shall grant,
deny, or conditionally grant the Special Use Permit, based on the following criteria in Section
9298.4.
B. In granting a Special Use Permit, the Development Services Director or designee may
impose conditions on the permit which are reasonable to ensure that the proposed Special Use
will comply with the applicable review criteria of this Title and any other applicable provisions of
this Chapter. Noncompliance with any condition of a Special Use Permit shall constitute a
violation of the municipal code. Such conditions may include, but not be limited to:
1. Special setbacks and buffers;
2. Regulation of outdoor lighting;
3. Regulation of points of vehicular ingress and egress;
4. Regulation of noise, vibration, odors, etc.;
5. Regulation of the umber, height and size of temporary structures, equipment and/or
signs;
6. Limitation on the hours and/or days of the proposed use;
7. If special sales are proposed, limitations on the location where sales may occur, the
number of vendors and the scope of goods sold; and
8. If food sales are involved, obtainment of all appropriate health department permits.
C. Upon approval by the Development Service Director or designee of a Special Use Permit,
notice of the decision shall be given to the applicant and any interested person.
9298.9—APPEALS
The applicant may appeal the Director's decision on an application for a Special Use Permit to
the Planning Commission. Appeals of the Planning Commission's decision shall be made to the
City Council. Said appeals shall be made in writing with the reasons for the appeal submitted to
the Development Services Department within five (5) working days of the decision and shall be
accompanied by an appeal fee in accordance with the applicable fee schedule adopted by
resolution of the City Council.
Upon receipt of an appeal, the Secretary of the Planning Commission shall fix a time and place
for a hearing thereon to be held not less than ten (10) calendar days nor more than thirty (30)
calendar days thereafter.
Exhibit A:TA 11-04—Special Use Permit
October 4, 2011
Page 4
9269.5. OFF-STREET PARKING REQUIREMENTS
The attached text amendments show the existing text to remain in normal type,
and the new language appears in "red" with strikeouts on the omitted language.
No less than the following number of off-street parking spaces shall be provided and
maintained for each of the following uses, except for those temporary reductions
permitted by the Business License office for parking lot sales and for promotional
entertainment events. When the number of required parking spaces results in a fraction
of one-half or higher, the requirements shall be rounded up to the next whole number.
Use Parking Spaces
Required
Bars and Cocktail Lounges 15 spaces per 1,000 sq. ft. of gross floor area
Offices, Medical/Dental and Clinics 6 spaces per 1,000 sq. ft. of gross floor area
Offices, Medical/Dental and Clinics (more 5 spaces per 1,000 sq. ft. of gross floor area
than 10,000 square feet of gross floor
area).
Restaurant (of not more than 1,500 5 spaces per 1,000 square feet of gross floor
square feet of gross floor area and/or area.
with up to 12 seats).
10 spaces per 1,000 sq. ft. of gross floor area
Restaurants/Bars more than 1,500 square
feet and/or with more than 12 seats/
NOTES:
1. A 25% reduction will be applied to the off-street parking requirement for any
commercial use that is located within 1,320 feet (1/4,mile) of a light rail station.
2. Land uses not specifically listed in the above chart shall provide parking as noted in
"Other Permitted Uses" unless otherwise set forth in other sections of the Arcadia
Municipal Code.
3. For buildings which exceed three (3) stories in height, the required parking shall be in
accordance with AMC Section 9276.2.11.1
4. Eligible projects within the CBD Zone may choose to provide required parking by using
the Alternative Shared-Use Parking Standards (Table 9264.2.4)or to provide parking for
the project's exclusive use under the standards established in this Division.'
'This is an existing code section that has been added to the"Notes"to provide clarity.
Exhibit A: TA 11-04—Off-Street Parking
October 4, 2011
Page 1
S-2 PUBLIC PURPOSE ZONE
TITLE 1. - USES PERMITTED
9274.1. - USES PERMITTED.
No building or land shall be used and no building shall be hereafter erected, constructed or established,
except for the uses specified in the following subsections.
9274.1.1. - SAME.
Hospitals, non-profit or for profit.
(Added by Ord. 2244 adopted by 7-1-08)
9274.1.2. - SAME.
Publicly owned and operated establishments or enterprises specified in the following subsections.
9274.1.3. - SAME.
Public parks.
9274.1.4. - SAME.
Public playgrounds.
9274.1.5. - SAME.
Public administrative buildings.
9274.1.5.1. - SAME.
Public recreation centers, public community buildings and public libraries.
(Added by Ord. 2266 adopted 1-5-10)
9274.1.6. - SAME.
Civic centers.
9274.1.7. - SAME.
Utilities, publicly owned and operated.
9274.1.8. - SAME.
Accessory buildings and uses incident to any of the uses specified in this Title.
9274.1.9. - SAME.
Any similar public enterprise not here enumerated when so determined as provided in Part 1 of this
Chapter.
9274.1.10. - SAME.
Schools and school facilities.
(Amended by Ord. 2273 adopted 12-7-10)
9274.1.11. —SAME
Churches by a Conditional Use Permit.
Exhibit A: TA 11-04
Public Purpose(S-2)Zone
October 4, 2011
PLANNING FEES
ARCHITECTURAL DESIGN REVIEWS GENERAL PLAN AMENDMENT $1,670
Commercial/Industrial—New $1,225 TEXT AMENDMENT $1,700
Commercial/Industrial—Remodel/Addition $510 ZONE CHANGE $2,000
Multiple-Family—New $1,225
Multiple-Family—Remodel/Addition $510 SUBDIVISIONS
Single-Family—New $1,225 Lot Line Adjustment $469
Single-Family—Remodel/Addition $510 Tentative Parcel Map $1,060
Sign $220 Tentative Tract Map for Single-Family Lots
$1,430+$30 for each lot above 5
Administrative/Over-the-Counter $0 Tentative Tract Map for Condominiums $1,060
Appeal—including HOA/ARB Decision $210
Appeal $540
Extension $105 Extension $105
BANNERS Final Map $180
Banner Over-the-street(Bus.Lic.) $165
Banner on Street Pole(Engineering) $110 ENVIRONMENTAL REVIEW (CEQA)
Initial Study $75
Temporary Banner on a Building $15 Negative Declaration $500
CERTIFICATE OF DEMOLITION Environmental Impact Report(EIR) At Cost
Certificate of Demolition(Director's review) $195 LA County Clerk Posting/Processing $75
Certificate of Demolition CA Dept.of Fish&Game Filing
(referred to Planning Commission) $345 Negative Declarations(ND&MND) $2,044
(plus CEQA fees) Environmental Impact Report(EIR) $2,839.25
Appeal $540 Env. Doc.per Cert. Reg. Prod.(CRP) $965.50
CONDITIONAL USE PERMIT / VARIANCE / OUTDOOR USE PERMITS
Outdoor Dining $220
R-M PERMIT $1,200
Appeal $540 Parking Lot Promotion/Sale(Bus.Lic.) $180
Amendment $840 Portable Sign $220
Extension $105 Sidewalk Display and Sale(Bus. Lic.) $180
MODIFICATIONS
Special Ev^^iBuc.' ip.) Use Permit $180
Temporary Banner Regulation $105 Special Use Permit Appeal $540
Administrative $195 Special Use Permit(Referred to City Council) $540
Committee or Commission $540
DOCUMENTS
Appeal $540 Covenant Preparation $315
Extension $105 General Plan Document $75
OAK TREE PERMITS General Plan Land Use Map
Encroachment $195 27 x 35 map $25
11x17 map $2
Removal of Diseased or Hazardous Tree $0 Zoning Map
Removal of Healthy Tree $540 27 x 35 map $25
Appeal $540 11 x 17 map $2
HOME OCCUPATION PERMIT
Administrative $25
Heafing Appeal $185
DETERMINATION OF USE $540
Ord.2207 and Resos.6387,6388,6390,6636,6691,&6778. Printed 6/21/11