HomeMy WebLinkAboutItem 6STAFF REPORT
Development Services Department
DATE: April 24, 2012
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: Discussion regarding zoning amendments to restrict certain uses in
the downtown area to replace the former restrictions by the
Redevelopment Agency.
SUMMARY
As a result of the dissolution of redevelopment in the State of California, the
attached Arcadia Redevelopment Agency Resolution No. ARA -231 is no longer
effective. This Resolution included land use restrictions that were in addition to
the underlying zoning regulations. The City Council determined that some of
these restrictions should still be in place, and has directed staff to initiate the
process to incorporate these restrictions into the zoning regulations. But, in
preparing those amendments, staff found other issues that need to be resolved
to update and clarify some regulations, as well as some clean up changes that
need to be made to certain zones. The Development Services Department is
asking the Planning Commission to review these additional changes, and
determine whether, or not, they are appropriate, and if any other changes should
be included. The majority of the material presented in this report is for
background and what staff is asking of the Planning Commission is limited to a
few specific questions.
BACKGROUND
As of February 1, 2012, all redevelopment agencies in the State of California
ceased to exist. As a result, land use restrictions that were imposed on the
former Redevelopment Project Area (see attached map) were voided. These
restrictions were enacted by the attached Arcadia Redevelopment Agency
Resolution No. ARA -231. These restrictions included the prohibition of the
following land uses that the underlying zoning otherwise allowed: Personal
Service Businesses; Tutoring Centers; Bars and Cocktail Lounges; Stores Selling
Liquor for Off -site Consumption; Thrift Stores; Bail Bond Offices; and Check
Cashing Services.
This information was presented to the City Council at a study session on March
20, 2012, and staff was directed to make changes to the zoning regulations so
that these uses will either still be prohibited, or allowed only by Conditional Use
Permit. In preparing the zoning amendments as directed by the City Council,
staff found some additional issues that need to be resolved along with some
clean up changes to update and clarify certain regulations.
DISCUSSION
With the dissolution of redevelopment, the land use restrictions for the former
Redevelopment Project Area default to the underlying zoning. The commercial
zones within this area are comprised of the following as shown on the attached
map:
CPD -1 Commercial Planned Development
CO Commercial Office
C -1 Limited Commercial
C -2 General Commercial
CBD Central Business District
CM Commercial Manufacturing
DMU Downtown Mixed Use
MU Mixed Use
The DMU and MU zones were created in conjunction with the General Plan
Update that was adopted in the fall of 2010, and the C -M zone was thoroughly
revised and updated. The CPD -1 and CBD zoning are entirely within the former
Redevelopment Project Area, and have specific lists of allowed uses that are
consistent with the goals of the former Redevelopment Agency. The C -O, C -1
and C -2 zones were not updated with the General Plan; however, the C -O and
C -1 zoning are limited to a few isolated locations within the former
Redevelopment Project Area, and one of the questions staff is asking, is
whether, or not, these two zones should be included in the changes to be made.
The MU zone is similarly limited to two small areas within the former
Redevelopment Project Area (the two northerly corners of S. First Ave. and Alta
St.) but the MU zoning is also applied to all the commercial frontage of South
First Avenue to Duarte Road.
Staff reviewed the use restrictions in Resolution No. ARA -231, and presented the
following land uses for the City Council's consideration: Personal Service
Businesses; Tutoring Centers; Bars and Cocktail Lounges; Stores Selling Liquor
for Off -site Consumption; Thrift Stores; Bail Bond Offices; and Check Cashing
Services. For Personal Services, Tutoring Centers, and Bars and Cocktail
Lounges, the City Council's directions are clear and staff did not find any
additional issues with those uses. For the other three land uses, there are some
additional issues that need to be addressed, and the City Council added Pawn
Shops to the list.
Downtown Land Uses
April 24, 2012
Page 2
Staffs summary of the issues with each land use, the City Council's directions,
and staff's proposals are presented in the following paragraphs. Included with
the last two land use categories are the questions that staff is asking the
Planning Commission to answer.
• Personal Services — Personal Service Businesses include massage, day
spas, salons, tattoo parlors, and the like. In recent years, the City Council
enacted a Conditional Use Permit requirement for this use, which is
applicable in the C -1, C -2, CM and MU zones. The use is not permitted in the
DMU or CO zones. There is some ambiguity in the CPD -1 and CBD 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 Service Businesses." For example,
the CBD zone allows barber shops, beauty salons, and nail shops, all of
which are considered Personal Service Businesses. The City Council should
consider the following: Either these specific uses should be removed from
these zones (like the DMU zone) or they should be replaced with the broader
term, Personal Service Businesses, and allowed only with a Conditional Use
Permit (like the C -1, C -2, CM and MU zones).
City Council Direction — These are to be allowed in all appropriate commercial
zones, subject to a Conditional Use Permit, and where applicable, replace
specific uses, such as barber shops and beauty salons with the broader term,
Personal Service Businesses.
Staff Proposal — Staff has selected the CPD -1, C -1, C -2, CBD, CM, DMU and
MU zones in which to allow Personal Service Businesses by Conditional Use
Permit. Amendments will be made where necessary to replace specific uses,
such as barber shops and beauty salons with the broader term, Personal
Service Businesses. No additional issues were identified, and no other
changes are necessary for this use.
• Tutoring Centers — These uses were recently prohibited in the former
Redevelopment Project Area by Resolution No. ARA -231. They are currently
not allowed in the CO and DMU zones, but they are allowed by Conditional
Use Permit (CUP) in all the other commercial zones. The City Council should
consider whether a CUP is the appropriate regulation for this use.
City Council Direction — Continue with Conditional Use Permit requirement in
the CPD -1, C -1, C -2, CBD, CM and MU zones, and continue to prohibit in the
CO and DMU zones.
Staff Proposal — Various amendments to clarify that Tutoring Centers are
allowed by Conditional Use Permit in the above zones, and not allowed in the
CO and DMU zones. No additional issues were identified, and no other
changes are necessary for this use.
Downtown Land Uses
April 24, 2012
Page 3
• Bars and Cocktail Lounges — Bars or cocktail lounges were prohibited in the
former Redevelopment Project Area, even though a number of these uses
predated this restriction. The City does allow bars and alcoholic beverage
service if associated with restaurants, but not as standalone uses. In the
underlying CPD -1, CO, C -1, CBD, DMU and MU zones, standalone bars
would not be allowed. They are Council should Use
standalone
bars the C -2 and CM zones. The y
bars and lounges should be allowed through a CUP in all relevant zones.
City Council Direction — Continue to allow standalone bars and cocktail
lounges by Conditional Use Permit (CUP) only in the C -2 and CM zones, and
allow them only in conjunction with a restaurant and by CUP in the other
zones.
Staff Proposal — Amendments to clarify in which zones a standalone bar or
cocktail lounge could be allowed by Conditional Use Permit. No additional
issues were identified, and no other changes are necessary for this use.
• Stores Selling Liquor for Off-site Consumption — These uses were
prohibited in the former Redevelopment Project Area, but are permitted
through Conditional Use Permit (CUP) in all of the commercial zones, except
CO. These businesses could range from a specialty market, a wine shop or
liquor store, or a full - service grocery store. Staff believes the CUP
requirement is appropriate, but the City Council may wish to reconsider.
City Council Direction — Continue with the existing requirement of a
Conditional Use Permit in all applicable zones.
Staff Proposal — No changes are necessary to continue the Conditional Use
Permit (CUP) requirement for this use in the CPD -1, C -1, C -2, CBD, CM,
DMU and MU zones. However, staff noticed the following additional issues
related to this use:
In some zones the term, "liquor" is used as opposed to, "alcoholic
beverages" in other zones. Staff is proposing to use the latter term for all
zones. Is staff correct in presuming that the sales of all alcoholic
beverages should be subject to a CUP?
In all the applicable zones, except in the CBD zone, the language refers
specifically to, "retail businesses," and staff asks if this distinction is
necessary; should the term, "retail" be deleted?
And, the language in some of the zones connects the CUP requirement
for liquor sales to the CUP requirement for businesses that are open
between midnight and 6:00 a.m. or more than 16 hours per day s stall
located less than 150 feet from residentially -zoned property.
Downtown Land Uses
April 24, 2012
Page 4
correct to propose that the selling of alcoholic beverages, regardless of
hours and location is to be subject to a CUP?
• Thrift Stores, Bail Bond Offices, Check Cashing Services — All of these
uses were prohibited in the former Redevelopment Project Area, but they are
all permitted by -right in the C -2, CM, DMU and MU zones as either retail, or
general office. Furthermore, bail bond offices are permitted by -right in all the
commercial zones as an office use. We have not had any issues with these
uses in other parts of the City and do not see a need for restrictions, but the
City Council may wish to reconsider this.
City Council Direction — The Council separated thrift stores from bail bond
offices and check cashing services, and added pawn shops to the discussion.
The Council feels that bail bond offices and check cashing services should be
prohibited City -wide. As for thrift stores and pawn shops, the City Council
said that they can be allowed by Conditional Use Permit, but did not specify in
which zones.
Staff Proposal — Provisions are to be added where necessary to make it clear
that Bail Bond Services and Check Cashing Shops are not allowed in any
zone, and staff is proposing amendments to allow Thrift Stores and Pawn
Shops by Conditional Use Permit in the C -1, C -2, CM, DMU and MU zones.
Are these the appropriate zones for Thrift Stores and Pawn Shops to be
allowed by CUP? Should the CPD -1 and /or CBD zone be included?
In considering how to prohibit Bail Bond Services and Check Cashing
Services, staff realized that these are financial - related uses and found that
some zones allow commercial banks, and savings and loan associations
under the heading Financial Institutions (CPD -1 & CO) with credit unions
included only in the CBD zone. The CM zone does not allow financial
institutions, but does allow automated teller machines (ATMs) while the DMU
and MU zones also allow banks, and financial services.
Should not credit unions be included in all applicable zones, and the term,
"savings and loan associations" deleted? And, should the terminology be
consistent for all the zones?
Staff asks that the Planning Commission answer the above questions and direct
staff to incorporate the answers with any corrections, modifications or additions
that the Commission deems appropriate.
RECOMMENDATION
The Development Services Department recommends that the Planning
Commission review the proposed changes, and answer staffs questions, and
then direct staff to initiate a formal text amendment by incorporating the
Downtown Land Uses
April 24, 2012
Page 5
Commission's decisions into a draft ordinance for consideration at a public
hearing at the next meeting.
PLANNING COMMISSION ACTION
The Planning Commission should specify the additional amendments that are to
be proposed and direct staff to formally initiate the text amendment process by
drafting an ordinance for consideration at a public hearing at the next meeting.
If any Planning Commissioner or other interested party has any questions
regarding this matter prior to the April 24, 2012 meeting, please contact Assistant
Planner, Tim Schwehr by calling (626) 574 -5447, or by email at
tschwehr a(�ci.arcadia.ca.us.
Approved by:
Jim - mama
C•mmunity Development Administrator
Attachments: Resolution No. ARA -231
Project Area Map with Zoning
Downtown Land Uses
April 24, 2012
Page 6
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
pertinent to the Project Area. In all other
considering applications for permits and approvals
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.
ATTEST:
ecretary
Arcadia Redevelopment Agency
APROVED AS TO FORM:
Stephen P. Deitsch
Agency Counsel
Ch rman
adia Redevelopment Agency
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
5
Secretary of the Arcadia
Redevelopment Agency
ARA 172 INAPPROPRIATE USES (AS REVISED)
TE U
yes
U
Pawn Shops
Flea Market or Second Hand "Swap
Meet" or Surplus Stores
Second Hand or used merchandise
stores
Antique stores, if merchandise is less
than 100 years old
Laundromats
Thrift Stores
Bail Bonds Offices
Dance Studios /Halls
Karaoke Bars or Halls
Modeling- Agencies
Palmistry, Fortune Telling
Astrology, Psychic
Beauty College
Acupressure Studios or Facilities
Electronic and /or Video Game Arcades,
Pinball Arcades
Hot Tub /Suntan Facilities
Automobile related uses except sale of
new, or used cars in connection with the
sale of new cars
Auto Service or Gas Stations
Tire and Battery Shops
Muffler Shops
Automobile Storage Garage
Fast food restaurants, except where such
are included and incidental within an
office building, and which do not contain
drive - through service
Remove from list
Drive -In Theaters
Bars and Cocktail Lounges, except in
conjunction with a bona fide dinnerhouse
restaurant
Remove Dance Studios only
(keep Dance Halls)
Move to: Personal Services
Uses Category
Add: This includes, but is
not limited to: Auto Service
or Gas Stations, Tire and
Battery Shops, Muffler Shops,
Coin Operated and Automatic
Car Washes, and Automobile
Storage Garages.
Combine above - remove as
individual listing
Combine above - remove as
individual listing
Combine above - remove as
individual listing
Combine above - remove as
individual listing
Allow fast food or take out
restaurants that do not have
drive -thru; Continue to
disallow any restaurant with
drive -thru
Add: or "sit down" after
"dinnerhouse"
EXHIBIT "A"
a
a
ARA 172 INAPPROPRIATE USES (AS REVISED)
1 N ` � ► '�I!P 1i 7� S»`.
CHAN6 810 Tli
'UNDER, A 2 1
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
identifying a use on premises
Change to all billboards
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"