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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"