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HomeMy WebLinkAboutAgenda: Study Session: Discussion of Land Use After Elimination of Arcadia Redevelopment Agency and ARA Resolution 231 %`1 G�FFOR^41 .. Map S,Ifh IS /4 `� S TAFF REPORT Development Services Department DATE: March 20, 2012 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services .. Director Jim Kasama, Community Development Administrator SUBJECT: STUDY SESSION: DISCUSSION OF LAND USES IN THE FORMER REDEVELOPMENT PROJECT AREA AFTER ELIMINATION OF THE ARCADIA REDEVELOPMENT AGENCY AND ARA RESOLUTION NO. 231 Recommendation: Provide Direction SUMMARY The Redevelopment Plan for the former Central Redevelopment Project Area included a provision allowing the Agency Board to be more restrictive in the uses allowed in the project area than the Zoning Code for that area. This provision to restrict uses and insist on quality development was an important decision that had been one of the catalysts for the success of the project area over time. The Supreme Court Decision on AB 26 which ended Redevelopment in California also had the effect of removing the more restrictive provisions the Agency had in place for the former Redevelopment Area. Although much of the underlying zoning was also "cleaned up" by the 2010 adoption of the General Plan Update, there are land uses that were prohibited by Redevelopment that are now permitted. The purpose of this report is to make the Council and Successor Agency aware of these uses and determine if any action is necessary. BACKGROUND In an effort to gain better control over the appearance and function of the former Central Redevelopment Project Area, the Arcadia Redevelopment Agency passed Arcadia Redevelopment Agency Resolution No. 172 (ARA-172) on January 19, 1993. Among other issues, ARA-172 established "use and design requirements and guidelines" in the project area. ARA-172 included a list of "Inappropriate Uses" which were deemed to be undesirable in the project area. When ARA-172 was adopted, there were still large portions of the project area that had not been redeveloped. The list of inappropriate uses reflected the importance of controlling the uses in these areas so that the Agency's success to that point would not be undone and available sites could be developed with revenue and job generating uses. In April of 2010, the Redevelopment Agency Board approved Arcadia Redevelopment Agency Resolution No. 231 (ARA-231) which amended and updated the list of inappropriate uses based on changes in the retail landscape. A copy of ARA-231 is attached as Exhibit 1. In November of 2010, the City Council approved a significant update to the Arcadia General Plan. Part of this approval included the adoption of new zoning regulations for the Downtown area, including the establishment of a Downtown Mixed-Use zone and Downtown Overlay designed to incentivize and promote certain uses. While the zoning associated with the General Plan modified and modernized the underlying zoning, it did not supercede or control the restrictions in ARA-231. On June 28, 2011, as part of the 2011-2012 State of California budget bill, companion bills Assembly Bill 1X 26 ("AB 26") and Assembly Bill 1X 27 ("AB 27") were enacted, dissolving the Agency, unless the City elected to participate in the "Alternative Voluntary Redevelopment Program" established by AB 27 and paid an annual "community remittance" payment to the County of Los Angeles. On July 18, 2011, a lawsuit was filed in the California Supreme Court challenging the constitutionality of AB 26 and AB 27 on behalf of cities, counties and redevelopment agencies. On December 29, 2011, the Supreme Court issued its opinion, upholding AB 26, invalidating AB 27, extending certain statutory deadlines under Health and Safety Code Sections 34170 through 34191, and dissolving all redevelopment agencies throughout the State, effective February 1, 2012. As a result of the dissolution of the Arcadia Redevelopment Agency, the restrictions contained in ARA-231 are no longer in effect. DISCUSSION With the dissolution of Redevelopment, all regulations related to land uses default to the underlying zoning. The zoning within the former Project Area is made up primarily of Downtown Mixed-Use (DMU), Central Business District (CBD), Commercial Planned Development (CPD-1), General Commercial (C-2), and Commercial Manufacturing (CM). Please see Exhibit 2 for the underlying zoning. There are also a few isolated locations that are zoned Limited — Commercial (C-1), Commercial Office (C-O), and Mixed Use (MU). The recently-completed General Plan Update created the DMU and MU zones and significantly updated the CM zone. For the most part, staff believes that these changes have allowed the types of land uses that are suitable for the Downtown area. The CBD and CPD-1 zones were not modified through the General Plan Update, primarily because they were already very specific on the types of uses envisioned for their respective areas. The C-2 zone also remains unchanged. Although the General Plan Update and the existing zones are "cleaned up" for the most part, there are several uses that the Council should be aware of and may wish to refine in Downtown Land Uses March 20, 2012 Page 2 of 4 the underlying zoning now that the Redevelopment restrictions no longer exist. These uses are described below: • Personal Services — Personal Service uses include massage, day spas, salons, tattoo parlors, and the like. In recent years, the Council enacted a Conditional Use Permit requirement for this use, which is applicable in the CM, C-1, C-2 and MU zones. The use is not permitted in the DMU or C-O zones. There is some ambiguity in the CBD and CPD-1 zones, which predate the General Plan Update and massage uses are not expressly listed as permitted. However, these zones do specifically allow certain uses that fall within the umbrella of "personal services". For example, the CBD zone allows barber shops, nail shops, and beauty shops, all of which would be considered personal services. The Council should consider the following: Either these uses should be removed from these zones (like the DMU zone) or these uses should be replaced with the broader term, personal services, and allowed only with a Conditional Use Permit (like the C-1, C-2, CM and MU zones). • Tutoring Centers — These uses were recently prohibited in the Redevelopment area by ARA-231. They are currently not allowed in the DMU and C-0 Zones, but they are allowed by Conditional Use Permit in all the other zones. The Council should consider whether a CUP is the appropriate regulation for these uses. • Bars and Cocktail Lounges — Bars or cocktail lounges were prohibited in the Redevelopment area, even though a number of these uses predated this restriction. The City does allow bars and alcohol services as associated with restaurants, but not as a standalone use. In the underlying C-O, C-1, DMU, MU, CBD, and CPD-1 zones, standalone bars would not be allowed. They are allowed by CUP in CM and C-2 zones. The Council should consider whether standalone bars and lounges should be allowed through CUP in all relevant zones. • Stores Selling Liquor for Off-site Consumption — These uses were prohibited in the Redevelopment Area but are permitted through Conditional Use Permit in all of the underlying zones, except C-O. This could range from a specialty market, to a wine shop, to a liquor store, to a full grocery store. Staff believes the CUP requirement is appropriate, but Council may wish to reconsider. • Thrift Stores, Bail Bond Offices, Check Cashing Services — All of these uses were prohibited in the Project area, but they are all permitted by right in the C-M, C- 2, DMU and MU zones as either retail or general office. A bail bond office is permitted by right in all the zones. We have not had any issues with these uses in other parts of the City and do not see a need for restriction, but the Council may wish to reconsider this. Downtown Land Uses March 20, 2012 Page 3 of 4 Any changes to the Municipal Code will require a Text Amendment, which will require public hearings with both the Planning Commission and City Council. Development Services Staff will bring back any recommended changes for the Commission and Council to consider. RECOMMENDATION Provide Direction. Approved: -W P Donald Penman, City Manager Attachments: Exhibit 1: ARA-231 Exhibit 2: Zoning Map of former Project Area Downtown Land Uses March 20, 2012 Page 4 of 4 EXHIBIT 1 RESOLUTION NO. ARA 231 A RESOLUTION OF THE ARCADIA REDEVELOPMENTAGENCY AMENDING RESOLUTION NO. ARA 172 ESTABLISHING REVISED USE AND DESIGN REQUIREMENTS AND GUIDELINES FOR THE CENTRAL REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Plan (the "Redevelopment Plan") for the Central Redevelopment Project Area (the "Project Area"), first approved on December 26, 1973, provided the Agency with the ability to create design and development controls necessary and proper for both private and public areas of the Project Area (Section 424) and that those design standards could be more stringent than those in the City of Arcadia Zoning Ordinance; and WHEREAS, the Redevelopment Agency Board has utilized the standards described in Section 424 of the Redevelopment Plan in the approval and implementation of Agency Resolution No. ARA 172 ("ARA 172"), adopted on January 19, 1993, and which included a list of"Inappropriate Uses"in the Project Area; and WHEREAS, ARA 172 was adopted because the Agency Board desired to encourage and facilitate the establishment and growth of high quality retail outlets, stores and restaurants, professional office uses and industrial uses in the Project Area, and because it desired to discourage unattractive, incompatible, and non-harmonious uses, materials, colors, lights, signs, landscaping,architectural designs and treatments; and WHEREAS, ARA 172 was intended to restrict inappropriate uses that could cause blight or detract from the reputation, market acceptance, security, attractiveness, and image of the Project Area; and WHEREAS, the policies in ARA 172 have contributed to the successful development in the Project Area, bringing in new jobs, sales and transient occupancy taxes, and opportunities to shop and dine; and 1 WHEREAS, the Agency Board desires to continue the use restrictions in ARA 172 in order to maintain uses which to contribute to the Project Area and the City; and WHEREAS, the inappropriate uses list in ARA 172 has not been modified since its original adoption in 1993; and WHERAS, the Agency Board, at its March 2 meeting, approved adding Personal Service Uses to the "Inappropriate Uses" list, which includes day spas, salons, massage uses,nail salons, and acupuncture; and WHEREAS, an updated list of"Inappropriate Uses"is attached as part of this Resolution and would supersede the list of"Inappropriate Uses"in ARA 172; and WHEREAS, the Agency has published notice and has conducted a public hearing concerning the proposed adoption of this Resolution and guidelines pursuant to Section 424 of the Redevelopment Plan, and has duly considered all evidence and testimony submitted to the Agency at the public hearing; and WHEREAS, the Agency has adopted a program Environmental Impact Report ("EIR") on November 20, 1973 at the time of the establishment of the Central Project Area, and has adopted a program EIR on May 5, 1981 at the time of the amendment of land uses east of Second Avenue to (Commercial) Planned Development, and the City Council has adopted a Negative Declaration on June 17, 1986 for Ordinance No. 1883, a zone change adopting architectural and land use standards for a portion of the Project Area, and an Initial Study and Negative Declaration was prepared for the adoption of ARA No. 172 in 1993. The Agency has further determined that the adoption of this Resolution is not a project under CEQA per Section 15061 (b)(3) of the CEQA guidelines; and 2 WHEREAS, the Agency incorporates by reference herein the recitals set forth in ARA 172 to the extent they are not inconsistent with the foregoing recitals set forth in this Resolution. NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA,CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Agency finds that the revised list of "Inappropriate Uses" attached hereto as Exhibit "A" and incorporated herein by reference, is reasonable and necessary in order to eliminate blight and to facilitate and encourage the development objectives of the Redevelopment Plan. In particular, the Agency finds that without the revised list of "Inappropriate Uses", there will likely be developed in the Project Area a haphazard and inconsistent mix of uses which promotes blight and discourages investment in real property and redevelopment activities. The Agency further finds that the needs of the community would be adequately served by the location of certain uses, described in the revised list of"Inappropriate Uses", in other more suitable areas within the City, since (a) the Project Area constitutes merely a small area within the City (b) other areas of the City generally do not contain the blighted conditions which caused the need for adoption of the Redevelopment Plan for the Project Area, and (c) there is sufficient demand in other areas of the City for such uses to be located in those areas. SECTION 2. The Agency hereby amends ARA 172 by adopting the revised list of "Inappropriate Uses" attached hereto as Exhibit "A". The Agency further requires that any and all development, redevelopment, and rehabilitation, repair, alteration, construction or reconstruction of structures within the Project Area be undertaken and completed in conformity with the revised list of"Inappropriate Uses". A copy of the revised list of"Inappropriate Uses" shall be forwarded by the Agency Secretary to the City's Planning Department and Business 3 License office for their reference and use in considering applications for permits and approvals pertinent to the Project Area. In all other respects, not inconsistent with this resolution, the Agency reaffirms and continues in full force and effect, ARA 172 and the Use and Design Requirements and Guidelines attached hereto. SECTION 3. The Resolution shall take effect upon adoption. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 6th day of April , 2010. Ch. rman cadia Redevelopment Agency ATTEST: ecretary Arcadia Redevelopment Agency APROVED AS TO FORM: p, Stephen P. Deitsch Agency Counsel 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I,JAMES H. BARROWS, Secretary of the Arcadia Redevelopment Agency of the City of Arcadia, hereby certifies that the foregoing Resolution No. ARA-231 was passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Agency held on the 6th day of April, 2010 and that said Agency Resolution was adopted by the following vote, to wit: AYES: Agency Members Amundson, Chandler, Harbicht, Kovacic and Wuo NOES: None ABSENT: None Secretary of the Arcadia Redevelopment Agency 5 ARA 172 INAPPROPRIATE USES (AS REVISED) CURRENT-INAPPROPRIATE USES CHANGES/ADDITIONS IER ARA 172 UNDER ARA 231 Pawn Shops Flea Market or Second Hand "Swap Meet"or Surplus Stores Second Hand or used merchandise stores Antique stores, if merchandise is less Remove from list than 100 years old Laundromats Thrift Stores Bail Bonds Offices Dance Studios/Halls Remove Dance Studios only (keep Dance Halls) Karaoke Bars or Halls Modeling-Agencies Palmistry, Fortune Telling Astrology, Psychic Beauty College Acupressure Studios or Facilities Move to: Personal Services Uses Category Electronic and/or Video Game Arcades, Pinball Arcades Hot Tub/Suntan Facilities Automobile related uses except sale of Add: This includes, but is new, or used cars in connection with the not limited to: Auto Service sale of new cars or Gas Stations, Tire and Battery Shops, Muffler Shops, Coin Operated and Automatic Car Washes, and Automobile Storage Garages. Auto Service or Gas Stations Combine above -remove as individual listing Tire and Battery Shops Combine above -remove as individual listing Muffler Shops Combine above -remove as individual listing Automobile Storage Garage Combine above -remove as individual listing Fast food restaurants, except where such Allow fast food or take out are included and incidental within an restaurants that do not have a office building, and which do not contain drive-thru; Continue to drive-through service disallow any restaurant with a drive-thru Drive-In Theaters Bars and Cocktail Lounges, except in Add: or "sit down" after conjunction with a bona fide dinnerhouse "dinnerhouse" restaurant EXHIBIT"A" ARA 172 INAPPROPRIATE USES (AS REVISED) CURRENT INAPPROPRIATE USES CHANGESIADD111ONS UN PER AREA 173 UNDER ARA 231 Coin-operated, self-service dry cleaning machines Frozen foods locker Mortuaries Sanitariums Bath - Turkish and the like Churches Coin-operated and automatic car washes Combine above as part of Automobile related uses - remove as individual listing Storage garage Upholstery Shop Utility Trailer and Truck Rental Yard Pool or Billiard Halls Martial Arts Studios or Academies Remove from list Billboards advertising products not Change to all billboards identifying a use on premises Any operation (for industrial areas) primarily used as a distilling, refining, smelting, agricultural or mining operation Check Cashing Service Nail Salons Move to: Personal Services Uses Category Massage Parlors Move to: Personal Services Uses Category Stores selling liquor for off-premise consumption, except as part of a comprehensive development plan of at least 40,000 sq. ft. Convenience Stores Ambulance Services Bowling Alley Gun Shop Heavy Machinery Rental Add Tattoo Parlor Add Tobacco/Cigar Shop Add Tutoring Centers Add Personal Service Uses Category, including, but not limited to: Day Spas, Hair Salons, Nail Salons, Massage Uses, Acupuncture businesses, and Acupressure Facilities EXHIBIT"A" EXHIBIT 2 615 , 1 1.,#,4-. 1 '.*, • I --mu-us- - ..-..--••0 I r • *,, n r is 7:1 64 c) S a\ , a /it , • b •• , I , , RA, -1 RD i } iil . .e. .. 1 ;[uRlikEW I I _ . ® _ : . OM 4;A ANITA A - r SANTAS1NtTA 4VE NE I 1 IS I I NI:-hNik , A ik I ki4Aii.NII\L ii ',► g „" 51 Q 111 .%,' 1 ;0011 b V silili" . NZN.RA-1 : I ' 1 ' ry'- '-:.; li pull 1 . ,.__ 4‘'INOWI 11 - milum ,>/ 1 ao -• B. 3 i z 5 3 3 S cg, : : :....1 mg ::' : i f i t fi A & C► s, b if / r `i 1 Y p y ..-,-- 2