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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 1 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 2 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 3 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. 4 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 5 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 6 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 7 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. • 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 8 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 9 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 10 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 11 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: 12 "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: 13 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. 14 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." 15 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." 16 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. 17 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 18 s Al? uropokszl • r ..pr.me �' AaSUUro S.t333 rig , �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 �rasvoivrn�-vav r�rr�n'nz�r rrrcrrr r ■ • t -- - - t - - - = - - -- - - - - -r ' - - - -- - - - -r - - ' f - - 't -, _ _ -- -t - -- -r - - - - - - - - -- -' - - - t"PeTmflRed_usec.). Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 3 9285.6.5.-_ SAME Fl OOR AREw eeeapatie - fafePect y . . • _ _ - - - - -- - - - - - - - - - :" . 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 R 0, R M, R I, R 2, R 3. - RO, RM, R1, R2, R3. R 0, R M, R 1, R 2, R 3. 828 814 a SAME ARTIST s vt � � ��s�■�erT�are�w�r R 0, R M, R I, R 2, R 3. R 0, R M, R I, R 2, R 3. - . - - R0, RM, R1. C 0 D M C I G 2 C 4 RO, RM, RI. R0, RM, RI. R 0, R M, R I, R 2 R 3. D 0 M D I C 2 D_4 - • ■ 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• _ :vim.z � rvrv*r�rrc v.t� R 0, R M, R 1, R 2, R 3. • • - . • . - - 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 p 0 R M G I 2 C_4 • e•• a • •• 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- - --•- - - - - - - - - - - • - - - - —•-- - -- - - - - - _ _ ! - - - _ - - 2 : 9205.12.1. _ CAME CREATION vrvrccsz-rr v r�r -• _ _ 2 •_ - _ _ _ •__ _ • _ _ - _ _ _ 2 :- _• _•2 _ _ _ _ _ - _ - •__ _ • _ _ _ _ _•_ _ _ __ _ __ _ _ _ _ _ _ _ - _ _ _ - _ _ 2�,..SMC SAME MEETINGQ r ��ra�rcr�trv�r rr�wvr - . _ -- - __ _ _ - - -_ - _ -- - -•_ _ - _' - _ _• _ - -• - _ -- - _ - - _ - - - _ -- e, - - _ - - - - _ - _ _ _ - - _ -• _- _ - - -- 9285.12.1.2. SAME. QAME. AUTHO I' �r-a�r -rcv� rcr r • . • _ - - 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