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HomeMy WebLinkAboutItem 1b: Text Amendment No. TA 12-01 and Introduction of Ordinance 2299ERIN // DATE: July 17, 2012 STAFF REPORT Development Services Department TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director ele- Jim Kasama, Community Development Administrator Prepared By: Tim Schwehr, Assistant Planner S SUBJECT: CONSIDERATION OF TEXT AMENDMENT NO. TA 12 -01; AND INTRODUCTION OF ORDINANCE NO. 2299 AMENDING VARIOUS SECTIONS OF ARTICLE IX (DIVISION AND USE OF LAND), CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE. Recommendation: Introduce Ordinance No. 2299 SIIMMARY As a result of the dissolution of Redevelopment in the State of California, the attached Arcadia Redevelopment Agency Resolution No. ARA -231 that imposed land use restrictions in the Redevelopment Project Area (see attached map) that were in addition to the underlying zoning regulations is no longer effective. The City Council determined that some of these restrictions should still be in place, and that some should be extended to apply Citywide. The City Council directed staff to initiate the process to incorporate these restrictions into the zoning regulations. In preparing the amendments, other issues were identified that should be resolved to update and clarify some of the regulations related to the subject land use restrictions along with some clean up changes that need to be made to certain zoning regulations. The Planning Commission has reviewed and commented on these proposed changes; and the Commission's recommendations have been incorporated into the proposed text amendments. It is recommended that the City Council approve Text Amendment No. TA 12 -01, and introduce the attached Ordinance No. 2299. 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 by the former Redevelopment Agency on the Project Area were voided. These restrictions were enacted by the attached Arcadia Redevelopment Agency Resolution No. ARA -231 that included the M Text Amendment No. TA 12 -01 Ordinance No. 2299 July 17, 2012 — Page 2 of 6 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, additional issues were identified that should also be resolved. These issues were reviewed by the Planning Commission, and their determinations are incorporated in the proposed text amendments. 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 of the former Redevelopment Project Area: CPD -1 Commercial Planned Development CO Commercial Office C -1 Limited Commercial C -2 General Commercial CBD Central Business District C -M 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 there was a question as to 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 Avenue and Alta Street) but it is also applied to all the commercial frontage of South First Avenue to Duarte Road. Upon a review of the use restrictions in Resolution No. ARA -231, the following land uses were presented for the City Council's consideration:, Text Amendment No. TA 12 -01 Ordinance No. 2299 July 17, 2012 — Page 3 of 6 Personal Service Businesses; Tutoring Centers; Bars and Cocktail Lounges; Stores Selling Liquor for Off -site Consumption; and Thrift Stores, Bail Bond Offices, Check Cashing Services, and Pawn Shops. For Personal Service Businesses, Tutoring Centers, and Bars and Cocktail Lounges, the City Council gave clear directions as to which zones these may be allowed in, and that Conditional Use Permits are to be required. The City Council added Pawn Shops to the discussion, and for that use, and the other land uses, there were some additional issues that needed to be addressed. Those issues were reviewed by the Planning Commission, and their determinations are incorporated in the proposed text amendments. The following Sections summarize the issues related to each land use due to the end of Redevelopment, the City Council's directions, and staff's proposals to implement the changes as directed by the City Council. The specific text amendments are shown on the attached excerpts of the relevant zoning regulations with the changes penciled in and highlighted. Included with the summaries of the last two land use groups; Stores Selling Liquor for Off -site Consumption; and Thrift Stores, Bail Bond Offices, Check Cashing Services, and Pawn Shops, are the additional issues that were reviewed by the Planning Commission, along with the Commission's determinations. • Personal Service Businesses — 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, but 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, the CPD -1 and CBD 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, which are considered Personal Service Businesses. The City Council considered the following: Either these specific uses should be removed from these Zones (as in the DMU Zone) or they should be replaced with the broader term, Personal Service Businesses, and allowed only with a Conditional Use Permit (as in the C -1, C -2, CM, and MU Zones). City Council Direction — Personal Service Businesses are to be allowed in all appropriate commercial zones, subject to a Conditional Use Permit, and where applicable, specific uses, such as barber shops and beauty salons, are to be replaced with the broader term, Personal Service Businesses. Text Amendment No. TA 12 -01 Ordinance No. 2299 July 17, 2012 — Page 4 of 6 J Proposal — Personal Service Businesses will be allowed by Conditional Use Permit in the CPD -1, C -1, C -2, CBD, CM, DMU, and MU Zones. Amendments will be made where necessary to replace specific uses, such as barber shops and beauty salons, with the broader term, "Personal Service Businesses." • Tutoring Centers — Tutoring Centers were 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 considered whether or not a CUP is the appropriate regulation for this use. City Council Direction — Continue or restore Tutoring Centers with the Conditional Use Permit requirement in the CPD -1, C -1, C -2, CBD, CM, and MU Zones, and continue to prohibit them in the CO and DMU Zones. Proposal — Various amendments are proposed to clarify that Tutoring Centers are allowed by Conditional Use Permit in the above zones, and not allowed in the CO and DMU Zones per Council direction. It was noted that in the CBD Zone, the terminology that was repealed was, Educational Services and Tutoring Centers," and it is recommended that this concept be restored by utilizing the term, "Tutoring Centers and Educational Centers" where applicable. • Bars and Cocktail Lounges — Bars or cocktail lounges were prohibited in the former Redevelopment Project Area, even though a number of these uses predated the restriction. Bars and alcoholic beverage service if associated with restaurants, are allowed, but not as standalone uses. In the CPD -1, CO, C -1, CBD, DMU, and MU Zones, standalone bars would not be allowed. They are allowed by Conditional Use Permit (CUP) in the C -2 and CM Zones. The City Council considered whether or not standalone bars and cocktail lounges should be allowed through a CUP in 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 as incidental to a restaurant and by CUP in the other zones. Proposal — Amendments are proposed to clarify that only in the C -2 and CM Zones are standalone bars or cocktail lounges to be allowed by Conditional Use Permit. • 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 commercial zones, except CO. These businesses could range from a specialty market, to a wine shop or liquor store, or to a full - service grocery store. The City Council determined that the CUP requirement is appropriate. -- Text Amendment No. TA 12 -01 Ordinance No. 2299 July 17, 2012 — Page 5 of 6 City Council Direction — Continue with the existing requirement of a Conditional Use Permit in all applicable zones. 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, it was noted that the following additional issues relate to this use, and the Planning Commission's determinations on those issues are being incorporated: In some zones the term, "liquor" is used as opposed to "alcoholic beverages" in other zones. The Planning Commission determined that the term, "alcoholic beverages" should be used throughout. Except in the CBD Zone, the regulation refers specifically to, "retail businesses." The Planning Commission determined that the term, "retail" can be omitted. The language in some of the zones associates the CUP requirement for alcoholic beverage sales for off -site consumption to the CUP requirement for businesses that are open between 12:00 midnight and 6:00 a.m. or more than 16 hours per day and located less than 150 feet from residentially -zoned property. The Planning Commission determined that the sales of alcoholic beverages, regardless of hours, should be subject to a CUP. �► Thrift Stores, Bail Bond Offices, Check Cashing Services, and Pawn Shops — AII of these uses were prohibited in the former Redevelopment Project Area. Thrift Stores and Check Cashing Services are permitted by -right in the C -2, CM, DMU, and MU Zones as either retail, or general office, and Bail Bond Offices are permitted by -right in all commercial zones as an office use. The City Council separated thrift stores from bail bond offices and check cashing services, and added pawn shops to the discussion. Pawn Shops are allowed with a Conditional Use Permit in the C -1 and C -2 Zones. City Council Direction — Bail bond offices and check cashing services are to be prohibited Citywide. Thrift stores and pawn shops can be allowed by Conditional Use Permit, but it was not specified in which zones. 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 amendments will require Conditional Use Permits for Thrift Stores and Pawn Shops in the following zones, which were determined to be the appropriate zones for these uses by the Planning Commission: C -1, C -2, CM, DMU, and MU. An additional issue regarding financial institutions was reviewed by the Planning Commission: Bail Bond Services and Check Cashing Services are technically financial - related uses and some zones include the term, "financial institutions" in conjunction with banks, while some zones still list, "savings and loan associations." Also, "credit Text Amendment No. TA 12 -01 Ordinance No. 2299 July 17, 2012 — Page 6 of 6 unions" is mentioned only in the CBD Zone. The Planning Commission determined that the terminology for all applicable zones should be, "banks and credit unions." PLANNING COMMISSION ACTION At the regular meeting on May 22, 2012, the Planning Commission considered the proposed text amendments at a public hearing. The Planning Commission voted 5 -0 to recommend approval of the proposed text amendments. FISCAL IMPACT The proposed text amendments and Ordinance No. 2299 will have no direct fiscal impact. RECOMMENDATION It is recommended the City Council approve Text Amendment No. TA 12 -01 and introduce the attached Ordinance No. 2299: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX (DIVISION AND USE OF LAND) CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE Approved: Dominic Lazza City Manager Attachments: Ordinance No. 2299 Resolution No. ARA -231 Redevelopment Project Area Map Zoning Regulation Excerpts J ..,r ORDINANCE NO. 2299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IX (DIVISION AND USE OF LAND) CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9260.1.1.1 is added to Title 1, Division 0, Part 6 of Article IX of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9260.1.1.1. USES PROHIBITED. 1) Bail Bond Services. 2) Check Cashing Shops." SECTION 2. Sections 9260.1.4. and 9260.1.11 of Title 1, Division 0, Part 6 of Article IX of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "9260.1.4. FINANCIAL INSTITUTIONS. Banks and Credit Unions." "9260.1.11. INCIDENTAL HOTEL USES. The following uses are permitted in conjunction with and incidental to a hotel facility: 1) Personal Service Businesses. 2) Clothes Cleaning or Pressing Establishments, utilizing not more than two (2) pressers. 3) Any other ancillary use deemed by the City Council to be compatible with and incidental to a hotel facility." 1 SECTION 3. Section 9260.1.12 of Title 1, Division 0, Part 6 of Article IX of the Arcadia Municipal Code is hereby amended by amending subsection (11) and (15) and adding subsections (16) and (17) to read in their entirety as follows: "(11) Personal Service Businesses. (15) Every business selling alcoholic beverages for off - premise consumption. (16) Every retail business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. (17) Tutoring Centers and Educational Centers." SECTION 4. Title 1, Division 1, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended by renumbering Title 1 to Title 2. and adding a new Title 1. SECTION 5. Section 9261 is added to Title 1, Division 1, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code to read in its entirety as follows: "TITLE 1. USES PROHIBITED 9261. USES PROHIBITED. 1) Bail Bond Services. 2) Check Cashing Shops." SECTION 6. Section 9261.1.3 of Title 2, Divison 1, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9262.1.3. - FINANCIAL INSTITUTIONS. Banks and Credit Unions." 2 J__ NOW OR SECTION 7. Section 9262 of Title 1, Division 2, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "TITLE 1. USES PROHIBITED 9262. USES PROHIBITED. 1) Bail Bond Services. 2) Check Cashing Shops." SECTION 8. Title 1, Division 2, Part 6, Chapter 2 of Article IX is hereby amended by renumbering Title 1 to Title 2. SECTION 9. Section 9262.1 of Title 1, Division 2, Part 6, Chapter 2 of Article IX is hereby amended to read in its entirety as follows: "9262.1 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. EXCEPTIONS: A conditional use permit (CUP) shall be required for every business selling alcoholic beverages for off - premise consumption. A CUP shall be required for every business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property." SECTION 10. Sections 9262.1.5, 9262.1.6. and 9262.1.7 of Chapter 2, Part 2, Division 2, Title 2 of Article IX are hereby deleted in their entirety and the following sections are thereby renumbered accordingly. SECTION 11. Section 9263 is hereby added to Title 1, Division 3, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code read in its entirety as follows: 3 "TITLE 1 USES PROHIBITED 9263. USES PROHIBITED. 1) Bail Bond Services. 2) Check Cashing Shops." SECTION 12. Section 9263.1.2 of Title 2, Division 2, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9263.1.2. - SAME. RETAIL STORES. Retail stores or businesses not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that not more than five (5) persons are employed, and not more than fifty percent (50 %) of the floor areas of the building is used in the manufacture, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration or other similar causes, and provided also that unless otherwise permitted all such manufacturing, processing or treatment of products shall be conducted inside of buildings. EXCEPTIONS: A conditional use permit (CUP) shall be required for every business selling alcoholic beverages for off - premise consumption. A CUP shall be required for every business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property." SECTION 13. Section 9264.1.1 is hereby added to Title 1, Division 4, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code to read in its entirety as follows: "9264.1.1. USES PROHIBITED. 1) Bail Bond Services. 2) Check Cashing Shops." C! FA SECTION 14. Sections 9264.2.2, 9264.2.5, 9264.2.9 of Title 1, Division 4, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "9264.2.2. FINANCIAL INSTITUTIONS. Banks and Credit Unions." "9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in rendering services shall be allowed in the CBD zone as follows: 1. Dry cleaning shop; 2. Equipment rental and leasing; 3. Electronic repair shop; 4. Furniture rental stores; ``" 5. Hardware rental stores; 6. Interior design store /showroom that does not have on -site retail; 7. Locksmith shops; 8. Music rental and lesson stores; 9. Mailing services, including post office box rentals and courier shipping; 10.Photography studios; 11.Shoe repair; 12.Tailor, dressmaking shops; 13.Video rental /sales; 14.Any other use deemed by the Planning Commission to be considered "consumer services." 5 "9264.2.9. USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses may be permitted provided that a conditional use permit is obtained in accordance with the procedures set forth in Section 9275.2 of this Chapter. 1.Any use over ten thousand (10,000) square feet gross floor area; 2.Alcoholic beverage sales for off - premises consumption; 3.Daycare center, not located on the ground floor along Huntington Drive and First Avenue; 4.Drive -in facilities for financial institutions, not located on the ground floor along Huntington Drive and First Avenue (added by Planning Commission); 5.Drive -in facilities for restaurants and eating establishments, not located on the ground floor along Huntington Drive and First Avenue (added by Planning Commission); 6.Tutoring Centers and Educational Centers; 7.Health clubs; 8.Martial arts studios; 9.Residential uses which are an integral part of a commercial development (thirteen (13) du /ac maximum). Must be located above the ground floor; 10.Restaurants, eating establishments, coffee houses, juice bars, delicatessen and similar uses; 11.Restaurants and eating establishments with a separate bar /lounge area, serving of alcoholic beverages and /or with live entertainment; 19 .11- 12.Restaurants and eating establishments, including the incidental serving of alcoholic beverages but without drive - through facilities or bar /lounges; 13.Movie Theaters. 14.Automobile fueling stations as described in and subject to Section 92775.4.7. 15.Automobile sales where at least fifty percent (50 %) of the number of automobiles sold or leased from the applicable site during each calendar year are new automobiles. 16. Personal Service Businesses." SECTION 15. Section 9265.1, Article IX, Chapter 2, Part 6, Division 5 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9265.1. - USES PERMITTED. No building or land shall be used and no building shall be hereafter NOW erected, constructed or established, except for the uses specified in the following subsections. EXCEPTIONS: A conditional use permit (CUP) shall be required for every business selling alcoholic beverages for off - premise consumption. A CUP shall be required for every business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. P — Permitted C — Conditional Use Permit N — Not Allowed Communication and Transportation Permit Requirement Alternative fuels and recharging facilities P Automobile car wash C Automobile storage C Automobile fueling stations C Automobile fueling stations and Automated self-service, car C rA 4- wash Automobile rental facility C Automobile and truck repair C Automobile self - service station C Automobile service station C Garages C Major wireless communication facilities C Motor vehicles and truck sales C Automobile upholstering C Used car sales C Education Art Studios C Commercial, Trade, and Music schools C Martial art studios C Music and Vocational Schools C Tutoring Centers and Educational Centers C Entertainment and Facilities Arcades C Bowling alleys C Health club C Ice skating rinks C Karaoke and sing -along C Movie Theatres C Roller skating rinks C Retail Building material sales (Not more than 20% of the outdoor a shall be devoted to outdoor sales) P Retail uses P Garden center /nursery P Grocery store P Pet Stores P Thrift Stores C ,k *.0/ Warehouse Retail (under 40,000 square feet) Warehouse Retail (over 40,001 square feet) P C Wholesale (under 40,000 square feet) Wholesale (40,000 square feet and over) P C Services Animal Boarding C Animal Grooming P Automated Tell Machines (ATMs) P Bail Bond Services N Bakeries P Bars and Cocktail Lounges C Check Cashing Shops N Day care facilities C Drive -thru facilities C Dry cleaning service P Equipment rental establishments P Dental offices or clinics P Manufacturing (under 40,000 square feet) Manufacturing (40,000 square feet and over) P C Medical laboratories P Medical services P Mortuaries C Offices P Outdoor Storage C Pawn Shops C Personal Services C Recycling facilities C Research and Development P Restaurants, fast food, with or without outdoor dining C Self- Storage C Towing Services C Veterinary Services C Warehousing & Distribution Storage (Enclosed) P SECTION 16. Section 9267.10, Article IX, Chapter 2, Part 6, Division 7 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9267.10 NON - RESIDENTIAL USES Downtown mixed use requires the inclusion of a ground - floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit N — Not Allowed Communication and Transportation Permit Requirement Alternative fuels and recharging facilities as an accessory us P Automobile related uses except sale of new or used cars in connection with the sale of new cars. Refer to ARA No. 231 for a list of Inappropriate Uses. C Motor Vehicle parkin lot/structure facilities P Major wireless communication facilities C Educational Uses Studios: art, dance, martial arts and music. C Entertainment and Recreational Facilities Health /fitness Centers C Indoor movie and erformin arts theatres and auditoriums C Retail Alcoholic beverage sales for off - premises consumption C Department Stores P Garden centers /nurse indoor P Garden centers outdoor C Grocery store P Grocery store (open for more than 16 hours and /or open betw midnight and 6:00 a.m. C Portable outdoor retail sales and activities (as a primary use) or Kiosks C Pet Stores C Retail Uses P Thrift Stores C 10 Services and Other Uses Automated Teller Machines ATMs P Bail Bond Services N Banks and Credit Unions P Check Cashing Shops N Day Care — Large Family Day Care Homes C Day Care — Small Family P Dry Cleaning service P Medical & Dental Offices P Mixed Use C Offices — General P Pawn Shops C Personal Services C Restaurants, fast food, with or without outdoor seating. No drive -thru facilities allowed. P — if it complies with minimum off - street parki requirement; C — if it does not comply minimum off - street parki requirement Restaurants, sit -down P — if it complies with minimum off - street parki requirement; C — if it does not comply minimum off - street parki requirement Restaurants with alcoholic beverage lounge service C Veterinarian clinic /services and small animal hospitals with overnight kenneling service. C SECTION 17. Section 9268.10 of Division 8, Part 6, Chapter 2 of Article IX, of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9268.10 NON - RESIDENTIAL USES Downtown mixed use requires the inclusion of a ground - floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit N — Not Allowed Communication and Transportation Permit Requirement 11 Alternative fuels and recharging facilities as an accessory use P Motor Vehicle parking lot/structure facilities P Major wireless communication facilities C Educational Uses Studios: art, dance, martial arts and music C Tutoring Centers and Educational Centers C Entertainment and Recreational Facilities Health /fitness Centers C Indoor movie and performing arts theatre and auditoriums C Retail Alcoholic beverage sales for off - premises consumption C Convenience Store C Department Stores P Garden centers /nurse indoor and outdoor P Grocery store P Grocery store (open for more than 16 hours and /or open between midnight and 6:00 a.m. C Portable outdoor retail sales and activities (as a primary use ) — carts or kiosks C Pet Stores C Retail Uses P Thrift Stores C Services and Other Uses Automated Teller Machines ATMs P Bail Bond Services N Banks and Credit Unions P Check Cashin Sho s N Day Care — Large Family Day Care Homes C Day Care — Small Family P Dry cleaning service P Medical & Dental Offices and Clinics P Mixed Use C Offices — General P Pawn Shops C Personal Services C Restaurants, fast food, with or without outdoor seating. No drive -thru facilities allowed. P — if it complies with the minimum Off - Street parking requirement; C — if it does not comply with the 12 SECTION 18. Sections 9275.1.40.1, 9275.1.53.2.1, and 9275.1.56 of Title 1, Division 5, Part 5, Chapter 2 of Article IX of the Arcadia Municipal. Code are hereby f amended to read in their entirety as follows: "9275.1.40.1. - BARS, COCKTAIL LOUNGES. C -2 and C -M." "9275.1.53.2.1. - PERSONAL SERVICE BUSINESS. C -1, C -2, C -M, CPD -1, CBD, DMU, and MU." "9275.1.56. - TUTORING CENTERS. C -1, C -2, C -M, CPD -1, CBD, and MU." SECTION 19. Section 9275.1.53.6 of Chapter 2, Part 5, Division 5 of Title 1 of Article IX of the Arcadia Municipal Code is hereby deleted and the following sections are renumbered. 13 minimum Off - Street parking requirement Restaurants, sit -down P — if it complies with minimum Off - Street parking; C — does not complies with the minimum Off - Street parking requirement Restaurants with alcoholic beverage lounge service C Veterinarian clinic /services and small animal hospitals C with overnight kenneling service SECTION 18. Sections 9275.1.40.1, 9275.1.53.2.1, and 9275.1.56 of Title 1, Division 5, Part 5, Chapter 2 of Article IX of the Arcadia Municipal. Code are hereby f amended to read in their entirety as follows: "9275.1.40.1. - BARS, COCKTAIL LOUNGES. C -2 and C -M." "9275.1.53.2.1. - PERSONAL SERVICE BUSINESS. C -1, C -2, C -M, CPD -1, CBD, DMU, and MU." "9275.1.56. - TUTORING CENTERS. C -1, C -2, C -M, CPD -1, CBD, and MU." SECTION 19. Section 9275.1.53.6 of Chapter 2, Part 5, Division 5 of Title 1 of Article IX of the Arcadia Municipal Code is hereby deleted and the following sections are renumbered. 13 SECTION 20. Sections 9275.1.42.1, 9275.1.53.2.2, 9275.1.55.2 are hereby added to Title 1, Division 3, Part 5, Chapter 2 of Article IX of the Arcadia Municipal Code o read in their entirety as follows: "9275.1.42.1. - BUSINESSES SELLING ALCOHOLIC BEVERAGES FOR OFF- 'REMISES CONSUMPTION. C -1, C -2, C -M, CPD -1, CBD, DMU, and MU. 9275.1.53.2.2. - PAWN SHOPS. C -1, C -2, C -M, DMU, and MU. 9275.1.55.2. - THRIFT STORES. C -1, C -2, C -M, DMU, and MU." SECTION 21. 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 (31S) day after its adoption. Passed, approved and adopted this day of 12012. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 14 Mayor of City of Arcadia maw d t 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 -6- 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. ATTEST: ` ecretary Arcadia Redevelopment Agency APROVED AS TO FORM: Stephen P. Deitsch Agency Counsel 4 Redevelopment Agency 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) CURRENT INAPPROPRIATE USE ANGES /ADDITIONS UNDER 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 ` UNDER ARA 172 CHANGESIADDITIONS 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 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 s . 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" wom r. - - THIS PAGE INTENTIONALLY BLANK - - A ll� J L- 9.1tv il of loo • 6� a I - 21 I � I 4 z 6 + CL 41 eA Li E E 41 ILI Ix\S: y A ll� J L- 9.1tv il of loo • 6� a I - 21 I � I 4 71 - - THIS PAGE INTENTIONALLY BLANK - - CITY OF ARCADIA CPD -1 ZONING (40r ARTICLE IX. DIVISION AND USE OF LAND. CHAPTER 2. ZONING REGULATIONS. PART 6. COMMERCIAL INDUSTRIAL ZONES. DIVISION 0. CPD -1 (COMMERCIAL PLANNED DEVELOPMENT -1). TITLE 1. USES PERMITTED. 9260.1. PURPOSE. The CPD -1 (Commercial Planned Development -1) Zone is intended to promote appropriate commercial land uses and to encourage the highest possible quality of design and environment, to coordinate developments on adjacent parcels of property, in order to achieve a functionally and visually integrated development. Standards, criteria and procedures are set forth in order to capitalize upon special qualities and opportunities while permitting the flexibility required to consider unique and imaginative designs. 9260.1.1. GENERAL USE REGULATIONS. 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, and in compliance with the regulations of this Division. 14 x%260 -1,1, 1, USES P/�OH /Ci7F�, 9260.1.2. OFFICE USES. 1) �Q,� sot'd Set vies, Z) Checl CaSyn'4 5haps, Business Offices where merchandise is not processed, sold or otherwise distributed. 9260.1.3. PROFESSIONAL OFFICES. Professional offices for the following uses: 1) Accountants 2) Architects 3) Attorneys at Law 4) Chiropodists 5) Chiropractors 6) Dentists 7) Engineers 8) Insurance Brokers 9) Medical and Clinical Laboratories 10) Opticians 11) Optometrists 12) Osteopaths 13) Pharmacies(not including Medical Marijuana Dispensaries) 14) Physicians 15) Psychologists 16) Real Estate Brokers 17) Secretarial Services 18) Stock Brokers 19) Surgeons 14 :,F F ,. ^;A Page 1 of 15 CPD -1 Zoning CITY OF ARCADIA CPD -1 ZONING 20) Any other professional office deemed by the City Council to be compatible with the purposes of this Title. 9260.1.4, FINANCIAL INSTITUTIONS. {sornr erciai Banks, Savtr�gs ar�d Lone- Assoc-iatietts 9260.1.5. AUTOMOBILE PARKING AREAS. 9260.1.6. LIMITED RETAIL USES. Retail establishments for the following uses: 1) Antique Stores selling only merchandise which is more than one hundred (100) years old. 2) Bakeries, Ice Cream Stores or Confectionary Stores not employing more than five (5) persons at any one time of day. 3) Book or Stationary Stores. 4) Clothing or Wearing Apparel Shops selling only new merchandise. 5) Delicatessen Shops. 6) Department Stores. 7) Florist Shops. 8) Furniture Sales or Rental Stores. 9) Hardware Stores. 10) Interior Decorating Stores. 11) Jewelry Stores. 12) Locksmith Shops 13) Music Stores, Instrument Sales, Rentals and Lessons. 14) Paint and Wallpaper Stores. 15) Pet Shops. 16) Photography Stores. 17) Photography Studios. 18) Printing or Lithographing Services. 19) Radio and Television Stores, and incidental repair services. 20) Records, Audio and Video Tape Products, sales, rentals, and incidental repair services. 21) Tailor, Dressmaking Shops. 22) Typewriter and Computer Products sales, rentals, and incidental services. 23) Sporting Goods Stores. 24) Any other uses deemed by the City Council to be compatible with the purposes of this Title. (Amended by Ord. 1818 adopted 8- 20 -85) 9260.1.7. (Repealed by Ord. 1818 adopted 8- 20 -85) 9260.1.8. (Repealed by Ord. 1818 adopted 8- 20 -85) 9260.1.9. SIGNS. Page 2 of 15 CPD -1 Zoning -4- ..rr CITY OF ARCADIA CPS -1 ZONING 9260.1.10. ACCESSORY BUILDINGS AND USES. Accessory buildings and uses customarily incident to any of the above uses when located on the same lot. 9260.1.10.1. GAME MACHINES. No more than seven (7) game machines shall be considered as an accessory use in each hotel, eating establishment and restaurant. (Added by Ord. 1763 adopted 2- 15 -83) 9260.1.11. The following uses are permitted in conjunction with and incidental to a hotel facility: 1) 4afbef -Shepfr PerS ©ha, ',eYvicle z`j--- Beauty_& t9pr. Rere^(ed, �) 3) Clothes Cleaning or Pressing Establishments, utilizing not more than two (2) pressers. 3) 4) Any other ancillary use deemed by the City Council to be compatible with and incidental to a hotel facility. (Amended by Ord. 1818 adopted 8- 20 -85) 9260.1.12. USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted provided that a conditional use permit is obtained therefore in accordance with the procedures set forth in Section 9275.2 of this Chapter: 1) Communications Equipment Buildings. 2) Drive -in Facilities for Financial Institutions. 3) Eating Establishments. 4) Electric Substations. 5) Employment Agencies. 6) Health Clubs. 7) Hotels. 8) Light Industrial and Manufacturing uses. Light industrial and manufacturing uses which are clearly compatible with uses which are permitted in the zone. 9) Motor Vehicle Sales. 10) Outdoor Eating Establishments. 11) d 1 5-4-4 Per:fmmnl 5ervic 12) Residential uses which are an integral part of a commercial development. 13) Restaurants. 14) Any other uses deemed by the C't Council to be compatible with the urposes of this Title. 15) Every retail business selling4i$ulo or off- premise consumption,a44 ery retail business selling !'j goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. (Amended by Ord. 1893 adopted 9 -6 -88) (7) 7uforill Cenller,- and fd pe' ; 0'w ' ` f;-�1.a, (A new Division 0 and Sections 9260.1 through 9260.5.11 added by Ord. 1720 adopted 5- 19 -81; effective 6-19-81.) %1: d U! Page 3 of 15 . -- - CPD -1 Zoning -4- - - THIS PAGE INTENTIONALLY BLANK - - ARTICLE IX. DIVISION AND USE OFLAND. CHAPTER 2. ZONING REGULATIONS. PART 6. COMMERCIAL INDUSTRIAL ZONES DIVISION 1. C -O PROFESSIONAL OFFICE ZONE TITLE t = USES PERMITTED- � 71-7t E 1, U� 14 � �� a' 326 /. 9261A-r- USES PERMITTED. (,j &r:1 r 5 (-r� 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. The retail, wholesale, or manufacture of goods, wares or products is expressly prohibited except when such goods, wares or products are a necessary adjunct to the services rendered. (Amended by Ord. 1310 adopted 11- 16 -65) 9261:4:1. - OFFICE USES. Z. Business offices where merchandise is not processed, sold or otherwise distributed. (Added by Ord. 1310 adopted 11- 16 -65) 9261.4!1. - PROFESSIONAL OFFICES. z Professional offices for the following uses: (1) Accountants (2) Architects (3) Attorneys at Law (4) Chiropractors (5) Chiropodists (6) Dentists (7) Engineers (8) Opticians (9) Optometrists (10) Osteopaths (11) Physicians (12) Surgeons (13) Insurance Brokers (14) Real Estate Brokers (15) Stock Brokers (16) Medical and Clinical Laboratories (17) Pharmacies for only the filling of prescriptions and the sale of sick room supplies (not including Medical Marijuana Dispensaries). (Amended by Card. 1314 adopted 1146 -65; Amended by Card. 2261 adopted 8- 19 -09; Amended by Card. 2262 adopted 9 -1 -09) GO Zol�rn!G, 1 4/17/2012 -4-4t- 9261:3. - FINANCIAL INSTITUTIONS. Z. w-,',Credif Cbj;DM,, GernmeF Banks; C— ' (Added by Ord. 1247 adopted 7- 7-64) 9261:1:4. - ACCESSORY BUILDINGS. L, Accessory buildings and uses customarily incident to any of the uses specified in this Part When located on the same lot. (Former Section 9261.1.3 renumbered to 9261.1.4 by Ord. 1247 adopted 7 -7 -64) 9261.t.-5., 9261 A-5.1 & 9261. -t.6 (Repealed by Ord. 1336 adopted 3.7.67) z s 7 9261:1:7. - PUBLIC PARKING AREAS. (Added by Ord. 1336 adopted 3 -7 -67) 9261: Y.8. - PHOTOGRAPHERS. (Added by Ord. 1827 adopted 1- 21 -85) Z G -0 ZONItJCT - 2 4/17/2012 a. CITY OF ARCADIA Gel ZONING ARTICLE IX. DIVISION AND USE OF LAIRD. CHAPTER 2. ZONING REGULATIONS PART 6 COMMERCIAL INDUSTRIAL ZONES DIVISION 2 C-1 LIMITED COMMERCIAL ZONE TITLE4-USES PERMITTED 9262.4: USES PERMITTED. f C� 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. ,� S�CUP C�tcd4,ottc E✓'2WPvr�a�, EXCEPTIOI - A conditional usedf� _e�m i segplVp required for every fet�a+l-business selling Iique+ for off - premise consumption, - _., y r business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. (Amended by Ord. 1893 adopted 9 -6 -88) 9262.-1-.1. C -O USES. Z Any use specified in Division 1 of this Part. (Amended by Ord. 1247 adopted 7 =7 -64; amended by Ord. 1336 adopted 3 -7 -67) 9202.4:2. SAME. Z.. Automobile Parking Areas. 9202.4:3. SAME. Game Machines (Added by Ord. 1763 adopted 2- 15 -83). 9262:4. SAME. Z. Antique Stores. 9262.x. Z. (Repealed by Ord. 1283 adopted 3- 16 -65) 9262+.6. SAME. Z.. - Barber .Shaps. fzepPalel, 9262 +.7. SAME. Z, - - THIS PAGE INTENTIONALLY BLANK - - (J CITY OF ARCADIA G"2 Z014ING ARTICLE IX, DIVISION AND USE OF LAND. CHAPTER 2. ZONING, REGULATIONS PART 6. COMMERCIAL 114DUSTRIAL ZONES C ENERAL COMMERCIAL. 7 NE DIVISION 3. Ce2 �o�,r,- Y �. TITLE -17 USES PERMITTED. q7,63.1" 3ad 4cr:c Sr°�'�,ces 9262:4: USES PERMITTED. (i ) (Z) Gti -Ck Cash ✓`� ad s 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. 9263.+.1. SAME C -4 USES. Z. Any use permitted in the C -1 Zone 9263:4:2. SAME. RETAIL STORES. Z' Retail stores in businesses not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that not more than five (5) persons are employed, and not more than fifty percent (50 %) of the floor areas of the building is used in the manufacture, processing or treatment of products, and that such operations or products are not objectionable due to other noise, odor, dust, smoke, also that unless otherwise permitted all such manufacturing, processing or treatment of products shall be conducted inside of buildings. EXCEPTIONS: A Conditional Use Permit (CUP) shall be ode aired for every - ret-ait- business sellin fo��r off- premise A uPshv consumption,a+�d �every`e`aii business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. (Amended by Ord. 1893 adopted 9 -6 -88) 9263.x ., 9263 4'. & 9263:1.5. (Repealed by Ord. 1283 adopted 3- 16 -65) 9263:'1:6. SAME. T Bakeries employing not more than ten (10) persons on premises. 92634-.7. & 9263:'(-.6. 7 Z (Repealed by Ord. 1283 adopted 3.16.65) 9263:4:9. SAME. Blueprinting and Photostatting Shops. 9263.1710. (Repealed by Ord. 1247 adopted 7 -7 -64) 9263.'t 1. (Repealed by Ord. 1283 adopted 3- 16 -65) 9263:4A2. SAME. Cleaning and Pressing Establishments using nonflammable and non - explosive cleaning fluid. 9263.1 -.13. SAME. 7_• Department Stores. 9263+114. (Repealed by Ord. 1283 adopted 3- 16 -65) T. _._ Page 1 of 7� G2 ZONING -AL, J - - - THIS PAGE INTENTIONALLY BLANK - - 1_. rl i �_4 CITY OF ARCADIA CBD ZONING ARTICLE IX. DIVISION AND USE OF LAND. CHAPTER 2. ZONING REGULATIONS. PART 6. COMMERCIAL INDUSTRIAL ZONES. DIVISION 4. CBD CENTRAL BUSINESS DISTRICT ZONE. TITLE 1. PURPOSE. 9264.1. PURPOSE. The CBD (Central Business District) Zone is intended to provide for general retail and professional office /service activities serving a regional /community -wide need under design standards which ensure compatibility and harmony with adjoining land uses, and which encourage the highest quality design and development. The CBD Zone encompasses the City's traditional downtown and the Central Redevelopment Project Area. The CBD Zone is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. 9264.2. USES PERMITTED. ��_ gZ6�f, /.f. U5E5 PRcHle,J7FLI, i, heek CGSJ:,n ihofy No building or land shall be used and no building sha I be hereafter erected, constructed or established, except for the uses specified in the following subsections, and in compliance with the regulations of this Division. 9264.2.1. AUTOMOBILE PARKING LOTS AND GARAGES. When such uses do not front on Huntington Drive. Parking garages may front on Huntington Drive when the ground floor adjacent to the street is constructed to accommodate commercial uses. 9264.2.2. FINANCIAL INSTITUTIONS. Gemmereial Banks,..savingss, 1QaA and credit unions. 9264.2.3. BUSINESS AND PROFESSIONAL OFFICES. Establishments where the administrative, clerical and managerial functions of a business or industry are conducted or where members of a profession conduct their practice (i.e., accounting, medical or engineering). Business and professional offices are not permitted in the front one -third (1/3) of the ground floor area along First Avenue except as provided in Section 9264.2.7. (Amended by Ord. 2085 adopted 5 -5 -98; amended by Ord. 2112 adopted 8 -3 -99) 9264.2.4. BUSINESS SERVICES. Establishments primarily engaged in rendering services to business establishments including advertising and mailing, employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing; and personal supply services. Business services are not permitted in the front one -third (1/3) of the ground floor area along First Avenue except as provided in Section 9264.2.7. (Amended by Ord. 2085 adopted 5 -5 -98; amended by Ord. 2112 adopted 8 -3 -99) 9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in rendering services shall be allowed in the CBD zone except that such services are not permitted in the front one -third (1/3) of the ground floor area along First Avenue. I / 1. — SaFber beauty, +on �a#_sii{jp� pepem(c N ;,; . i, 2, Dry cleaning shop; Equipment rental and leasing; r:'F!Q!" if <..PL Page 1 -of 14'- CBD Zoning CITY OF ARCH DIA CBD ZONING 21. Lighting fixture stores; 22. Music stores, instrument sales; 23. Paint and wallpaper stores; 24. Pet shops; 25. Photography stores; 26. Picture frame stores; 27. Radio and television stores and incidental repair services; 28. Records, audio and videotape and other products, including sales, rentals and incidental repair; 29. Saddlery shops; 30. Sporting goods stores; 31. Tobacconist/cigar shops; 32. Toy shops; 33. Trophy shops; 34. Typewriter and computer product sales, rentals and incidental services. (Amended by Ord. 2085 adopted 5 -5 -98; amended by Ord. 2112 adopted 8 -3 -99) 9264.2.7. USE OF GROUND FLOOR FOR RETAIL COMMERCIAL BUSINESSES. 1. In order to maintain an active pedestrian environment within the downtown, only specified retail commercial businesses and financial institutions shall be allowed within the front one - third (1/3) of the ground floor for structures fronting on First Avenue except as provided in subsection 2 of this Section. 2. Where a structure has been specifically designed, constructed and maintained to serve office - type uses, and where because of limited pedestrian access the structure would not properly serve retail -type uses, then office and business service uses may occupy the ground floor, including the front one -third (1/3) of the structure. 3. A bona fide retail commercial business shall operate within the front one -third (1/3) of the ground floor area of a building. 4. Windows facing the public street shall display merchandise visible to passing pedestrians. 5. One (1) passageway may be provided through the front one -third (1/3) area to the rear of the structure. The passageway shall not exceed a maximum width of five (5) feet or the minimum width necessary to comply with the Americans with Disabilities Act. (Amended by Ord. 2085 adopted 5 -5 -98; amended by Ord. 2112 adopted 8 -3 -99) 9264.2.8. ACCESSORY USES. Accessory uses customarily incidental to any permitted uses are permitted when located on the same lot, except that no more than three (3) game machines shall be considered as an accessory use in each hotel, eating establishment or restaurant. (Amended by Ord. 2085 adopted 5 -5 -98) 9264.2.9. USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses may be permitted provided that a conditional use permit is obtained in accordance with the procedures set forth in Section 9275.2 of this Chapter. 1. Any use over ten thousand (10,000) square feet gross floor area; 2. Alcoholic beverage sales for off - premises consumption#kNer- �; 3. Daycare center, not located on the ground floor along Huntington Drive and First Avenue; Page 3 of 14 CBD Zoning J. F,. CITY OF ARCADIA CBD ZONING 4. Drive -in facilities for financial institutions, not located on the ground floor along Huntington Drive and First Avenue (added by Planning Commission); 5. Drive -in facilities for restaurants and eating establishments, not located on the ground floor along Huntington Drive and First Avenue (added by Planning Commission); 6. ) '7G%r r �,� C'f,�f er -`. 671 14� F�pucuHo��a/ Ca ,I tcr5, 7. Health clubs; 8. Martial arts studios; 9. Residential uses which are an integral part of a commercial development (thirteen (13) du /ac maximum). Must be located above the ground floor; 10. Restaurants, eating establishments, coffee houses, juice bars, delicatessen and similar uses; 11. Restaurants and eating establishments with a separate bar /lounge area, serving of alcoholic beverages and /or with live entertainment; 12. Restaurants and eating establishments, including the incidental serving of alcoholic beverages but without drive - through facilities or bar /lounges; 13. Theaters. 14. Automobile fueling stations as described in and subject to Section 92775.4.7. 15. Automobile sales where at least fifty percent (50 %) of the number of automobiles sold or leased from the applicable site during each calendar year are new automobiles. (Amended by Ord. 2085 adopted 5 -5 -98; amended by Ord. 2165 adopted 9 -3 -02; amended by Ord. 2186 adopted 1- 20 -04) l6. Persove! $erv!c: vsioesses. 9264.2.10. OTHER USES. Any other uses deemed by the Planning Commission to be compatible with the purposes of this Title. (Amended by Ord. 2085 adopted 5 -5 -98) Page 4 of 14 CBD Zoning - - THIS PAGE INTENTIONALLY BLANK - - d_ CITY OF ARCADIA C -M ZONING *,%W ARTICLE IX. DIVISION AND USE OF LAND. CHAPTER 2. ZONING REGULATIONS PART 6. COMMERCIAL INDUSTRIAL ZONES DIVISION 5 - COMMERCIAL - MANUFACTURING ZONE (C -M Zone) TITLE 1 USES PERMITTED 9265.1. 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. �cu �� EXCEPTIO A conditional use permi s aII �beKequired� for every +J- business selling alcoholic beverages for off- premise consumption ,ardeveryr449' �uslness selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property (Amended by Ord. 1893 adopted 9- 6 -88). P — Permitted 0 ` [YOr A c C — Conditional Use Permit Communication and Transportation Permit Requirement Alternative fuels and recharging facilities P Automobile car wash C Automobile storage C Automobile fueling stations C Automobile fueling stations and Automated self - service car wash C Automobile rental facility C Automobile and truck repair C Automobile self - service station C Automobile service station C Garages C Major wireless communication facilities C Motor vehicles and truck sales C Automobile upholstering C Used car sales C Education Art Studios C Commercial, Trade, and Music schools C Martial art studios C Music and Vocational Schools C Tutoring centers and C Page 1 of 7 CM ZONING 01/11 ..- 1_ 1 CITY OF ARCADIA C -M ZONING -priF; _T l jorsvy Entertainment and Facilities 130;; �3�ntf (ors �arv'C ` Ord EiE'ck . C Karaoke and sing -along C Movie Theatres n� C Roller skating rinks Entertainment and Facilities Arcades Bowling alleys C Health club C Ice skating rinks C Karaoke and sing -along C Movie Theatres C Roller skating rinks C Retail Building material sales (Not more than 20% of the outdoor area shall be P devoted to outdoor sales) Retail uses P Garden center /nursery P Grocery store P Pet Stores P Warehouse Retail (under 40,000 square feet) P Warehouse Retail (over 40,001 square feet) C Wholesale (under 40,000 square feet) P Wholesale (40,000 square feet and over) C Services Animal Boarding C Animal Grooming P Automated Tell Machines (ATMs) P Bakeries P Day care facilities C Drive -thru facilities C Dry cleaning service P Equipment rental establishments P clinics P Eoffices nder 40,000 squ are feet) P 0,000 square feet and over) C Medical laboratories P Medical services P Mortuaries C Offices P CITY , fir_ j PC,, '' Page 2 of 7 CM ZONING 01/11 r 14§W Awe -hop — CITY OF ARCADIA C -M ZONING Outdoor Storage C Personal Services C Recycling facilities C Research and Development P Restaurants, fast food, with or without outdoor dining C Self- Storage C Towing Services C Veterinary Services C Warehousing & Distribution Storage (Enclosed) P Page 3 of 7 CM ZONING 01/11 i — G - - THIS PAGE INTENTIONALLY BLANK - - CITY OF ARCADIA DMU ZONING 9267.10 NON - RESIDENTIAL USES `„ �6kalff �jPX��GPS — �l7�ak 5 hor3 Awn �v IWMW Downtown mixed use requires the inclusion of a ground - floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit ki _ I.1 , - d 1In 1,0A Iv 1 1 1 1'•v- 1 -1 -v1 Communication and Transportation P Permit Requirement Alternative fuels and recharging facilities as an accessory use P P Automobile related uses except sale of new or used cars in connection C C with the sale of new cars. Refer to ARA No. 231 for a list of Inappropriate Uses. Motor Vehicle parkin lot/structure facilities P P Major wireless communication facilities C C Educational Uses Studios: art, dance, martial arts and music. C Entertainment and Recreational Facilities Health /fitness Centers C C Indoor movie and performing arts theatres and auditoriums C C Retail Alcoholic beverage sales 4)or 6a- C C Department Stores P P Garden centers /nurser indoor P P Garden centers outdoor C C Grocery store P P Grocery store (open for more than 16 hours and /or open between C C midnight and 6:00 a.m. Portable outdoor retail sales and activities (as a primary use) carts or C C kiosks Pet Stores C C Retail Uses P P Services and Other Uses Automated Teller Machines ATMs P P Page 2 of 4 DMU ZONING 01/11 ..k t; _ ,rJ - - THIS PAGE INTENTIONALLY BLANK - - 71 PC CITY OF ARCADIA MU ZONING 9268.10 NON - RESIDENTIAL USES Mixed use requires the inclusion of a ground - floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: 5,,l 00"d ser v ;c f5 — Gh'-(k Coyh ;7YA 5 �ti�y P — Permitted C — Conditional Use Permit A/- , . Communication and Transportation Permit Requirement Alternative fuels and recharging facilities as an accessory use P Motor Vehicle parking lot/structure facilities P Major wireless communication facilities C Educational Uses Studios: art, dance, martial arts and music C Tutoring Centers oN d C Entertainment and Recreational Facilities Health /fitness Centers C Indoor movie and performing arts theatre and auditoriums C Retail Alcoholic beverage sales -�>ro�S-5'k consul, 44o-i1 C Convenience Store C Department Stores P Garden centers /nurser indoor and outdoor P Grocery store P Grocery store (open for more than 16 hours and /or open between midnight and 6:00 a.m. C Portable outdoor retail sales and activities (as a primary use) — carts or kiosks C Pet Stores C Retail Uses P Services and Other Uses Automated Teller Machines ATMs P Banks and 4Raneiek- servfees credit ur ions P Day Care — Large F mily Day Care Homes C Day Care — Small Family P Dry cleaning service P Medical & Dental Offices and Clinics P Mixed Use C Offices - General P Personal Services C Restaurants, fast food, with or without outdoor seating. No drive- thru facilities allowed. P — if it complies with off - street parking requirement; C — if it does not comply with off - street _parking requirement Restaurants, sit -down P — if it complies with off - street parking; C — if it does not comply with off - street parking requirement Restaurants with alcoholic beverage lounge service C Veterinarian clinic /services and small animal hospitals with overnight kenneling service C ,-;7Y Gf= HFi17,1 W4 Page 3 of 5 MU ZONING 01/11 — 14 4- - - THIS PAGE INTENTIONALLY BLANK - - n 9275.1.37.2. - ASSISTED LIVING, CONGREGATE CARE FACILITY AND ALZHEIMER/ DEMENTIA CARE FACILITY. R -3 and C -O Zones. 9275.1.38. - AUTOMOBILE CAR WASH. C -O or any less restrictive commercial or industrial zone. 9275.1.39. - AUTOMOBILE SHOWS. C -2 or any less restrictive commercial or industrial zone. 9275.1.39.1. - AUTOMOBILE STORAGE. C -2 or any less restrictive commercial zone. 9275.1.39.2. - AUTOMOBILE SELF - SERVICE STATIONS. C -O or any less restrictive commercial or industrial zone. 9275.1.39.3. - AUTOMOBILE FUELING STATIONS. CBD and C -O or any less restrictive commercial or industrial zone. 9275.1.39.3.1. - AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF - SERVICE CAR WASH. C -O or any less restrictive commercial or industrial zone. 9275.1.39.4. - AUTOMOBILE SALES. Where at least fifty percent (50 %) of the number of automobiles sold or leased from the applicable site during each calendar year are new automobiles. CBD zone. 9275.1.40. - AUTOMOBILE SERVICE STATIONS. C -O or any less restrictive commercial or industrial zone. 9275.1.40.1. - BARS, COCKTAIL LOUNGES. C -2 . and C11. 9275.1.41. - BILLIARD HALLS, POOL HALLS. C -2. 9275.1.41.1. - BOARD AND CARE FACILITY. R -2, R -3 and C -O. 9275.1.42. - BOWLING ALLEYS. C -1 or any less restrictive commercial or industrial zone. —qZ�S. ►.42•l 30 ytiyE5S6 � SfLLtN4r R rr .Pk,'�("� 9275.1.43... CHURCHES. R -0, R -1, R -2, R -3, C -O, and S -2 Zones. 9275.1.44. - COMMERCIAL, TRADE AND MUSIC SCHOOLS. C -2 or any less restrictive commercial or industrial zone. 9275.1.44.1. CONVALESCENT FACILITY. R -2, R -3 and C -O. 9275.1.44.1.1. - DAY -CARE CENTERS. C -2. 9275.1.44.2. - DRIVE -IN FACILITIES FOR FINANCIAL INSTITUTIONS. CPD -1 zone. CITY OF ARCADIA -3- CONDITIONAL USE PERMITS .j- CITY OF ARCADIA CONDITIONAL USE PERMITS 9275.1.52.2. - NATURAL RESOURCES. Development of, together with necessary buildings, apparatus or appurtenances incident thereto. M -1 or any less restrictive industrial zone. 9275.1.52.3. - NURSERIES, PLANTS. Plants nurseries in a C -2 or any less restrictive commercial or industrial zone. 9275.1.52.4. - OFFICE USES. Office uses shall be allowed in the M -1 or any less restrictive industrial zone when said lot(s) is adjacent to residentially zoned property. Parking requirements shall comply with the parking standards set forth in Division 9 of this Chapter. 9275.1.53. - OUTDOOR EATING ESTABLISHMENTS. CPD -1 and C -C or any less restrictive commercial zone. 9275.1.53.1. - OVERSIZE BUILDINGS. Buildings containing more than twenty thousand (20,000) square feet of gross floor area in Zone C -0 or any less restrictive commercial zone when not otherwise permitted in any such respective zone. 9275.1.53.2. - OUTDOOR STORAGE. Outdoor storage of wares, merchandise, crates, bottles, and similar items, in a C -2 or any less restrictive commercial or industrial zone. E____ 1? 276'. /. 53.2.0. - PA "?," ps. 9275.1.53.2.1. - PERSONAL SERVICE BUSINESS. L, C -1, C -2 and C -M. &/-� CPv -1, C8 o, Otlu P.Ysr � 1 9275.1.53.3. - PRIVATE CLUBS AND LODGES. Excepting those the chief activity of which is a service customarily carried on as a business. R- 0, R -1, R -2, R -3 and C -0 zones. 927'5.1.53.3.5. - RECYCLING FACILITIES. Large collection facilities in C -M or less restrictive commercial or industrial zone. Light processing or heavy processing facilities in M -1 or less restrictive industrial zone. 9275.1.53.4. - RESIDENTIAL USES, COMMERCIAL AND INDUSTRIAL ZONES. C -0 or any less restrictive commercial or industrial zone. 9275.1.53.4.1. - RESIDENTIAL USES. Which are an integral part of a commercial development. CPD -1 zone. 9275.1.515. - RESTAURANTS. A restaurant that exceeds one thousand five hundred (1,500) square feet of gross floor area, and /or provides more than twelve (12) seats, and /or with alcoholic beverage sales in any zone shall be subject to a Conditional Use Permit. EXCEPTION: A restaurant that exceeds one thousand five hundred (1,500) square feet of gross floor area with no sales of alcoholic beverage is allowed by right in the DMU and MU zones. 1i Z,f 9275.1.53.fs. --R�it BU UINESSES s ���� -�Nt� Reta�+-$t� - Aesses se +n � -sf1 premise eens- um- pt4on- which -ar-e- aerated ^in- zones CPD -1, C -1, C- 2� -M,n es#isteer�iai -�e�e; 9275.1.53.7. - RETAIL BUSINESSES. Retail businesses selling goods and products to the public on a walk -in basis, which are open more than sixteen (16) hours per day or which are open to the public any time between CITY OF ARCADIA -5- CONDITIONAL USE PERMI I S x..- 9 midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. 9275.1.54. - ROLLER SKATING RINKS. C -2 or any less restrictive commercial or industrial zone. 9275.1.54,1 - SENIOR RESIDENTIAL COMMUNITY WHICH MAY OR MAY NOT INCLUDE SOME, BUT NOT ALL, UNITS WHICH PROVIDE ASSISTED LIVING AND ALZEIMER/ DEME14TIA CARE. In zones R -3, CPD -1, C -O, C1 and C -2. 9275.1.54.2. - STABLES, PUBLIC. M -1 or any less restrictive industrial zone. 9275.1.55. - MOVIE THEATERS. CBD, C -1 or any less restrictive commercial or industrial zone. <—_.__ gz�ys. /. 55, 0 - p �� � �� s. 9275.1.55.1. - TRADE SCHOOLS. ` � � ' C -2, C -M or any less restrictive industrial zone. 9275.1.56. - TUTORING CENTERSX An,'L% P-vUCf1iaNA- C6:U CBD, CPD -1, C -1, er ally le6r. C- 2, CM and M U• 9275.1.57. - UPHOLSTERING, AUTOMOBILE. C -M or any less restrictive commercial or industrial zone. 9275.1.56. - USED CAR SALES. C -2 or any less restrictive commercial or industrial zone. 9275.1.59. - VETERINARY HOSPITALS AND VETERINARY CLINICS. Each without outside runs. C -2 or any less restrictive commercial or industrial zone. 9275.1.60. (Repealed by Ord. 2266 adopted 1 -5 -10) CITY OF ARCADIA -6- CONDITIONAL USE PERMITS - - THIS PAGE INTENTIONALLY BLANK - - %#