HomeMy WebLinkAboutAgenda: Study Session: Discussion of Land Use After Elimination of Arcadia Redevelopment Agency and ARA Resolution 231 %`1 G�FFOR^41 ..
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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
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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
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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
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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
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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
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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"
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