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HomeMy WebLinkAboutItem 2b: Adopt Ordinance No. 2299 amending various setion of AMCSTAFF REPORT Development Services Department DATE: August 7, 2012 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director -t,�- By: Jim Kasama, Community Development Administrator Gk SUBJECT: ADOPTION 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: Adopt Ordinance No. 2299 At the July 17, 2012, meeting, the City Council introduced the attached Ordinance No. 2299, which was developed in response to the dissolution of Redevelopment in the State of California. The Ordinance was drafted to replace land use restrictions that the Redevelopment Agency had imposed on the Redevelopment Project Area, but the City Council determined that in addition to some of those restrictions being retained, some of the restrictions should be extended Citywide. The City Council directed staff to amend the zoning regulations accordingly, and the result is Ordinance No. 2299. It is recommended that the City Council adopt 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 Lazz o City Manager Attachment: Ordinance No. 2299 July 17, 2012 Staff Report - - THIS PAGE INTENTIONALLY BLANK - - 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 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 subsections (11) and (15) and adding subsections (16) and (17) to read in their entirety as follows: 111) 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. 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 by adding a new Title 1 to read in its entirety as follows: "TITLE 1. USES PROHIBITED 9261. USES PROHIBITED. 1) Bail Bond Services. 2) Check Cashing Shops." SECTION 5. 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: "9261.1.3. - FINANCIAL INSTITUTIONS. Banks and Credit Unions." 2 SECTION 6. Division 2, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended by renumbering Title 1 to Title 2 and by adding a new Title 1 to read in its entirety as follows: "TITLE 1. USES PROHIBITED 9262. USES PROHIBITED. 1) Bail Bond Services. 2) Check Cashing Shops." SECTION 7. 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 8. Sections 9262.1.5, 9262.1.6. and 9262.1.7 of Chapter 2, Part 6, Division 2, Title 2 of Article IX are hereby deleted in their entirety and the sections thereafter are renumbered accordingly. SECTION 9. Division 3, Part 6, Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended by renumbering Title 1 to Title 2 and by adding a new Title 1 to read in its entirety as follows: 3 "TITLE 1 USES PROHIBITED 9263. USES PROHIBITED. 1) Bail Bond Services. 2) Check Cashing Shops." SECTION 10. Section 9263.1.2 of Title 2, Division 3, 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 11. 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." 4 SECTION 12. 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." "9264.2.9. USES SUBJECT TO A CONDITIONAL USE PERMIT 5 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; 12.Restaurants and eating establishments, including the incidental serving of alcoholic beverages but without drive - through facilities or bar /lounges; 13.Movie Theaters. D 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 13. 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 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 Requiremen 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 7 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 P shall be devoted to outdoor sales) Retail uses P Garden center /nursery P Grocery store P Pet Stores P Thrift Stores C 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 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 14. 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 parking 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 performing 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 Services and Other Uses Automated Teller Machines ATMs P Bail Bond Services N Banks and Credit Unions P Check Cashing Shops N 10 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. P — if it complies with No drive -thru facilities allowed. 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 C overnight kenneling service. SECTION 15. 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 Alternative fuels and recharging facilities as an P accessory use Motor Vehicle parking lot/structure facilities P 11 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 Cashing Shops 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 minimum Off - Street parking requirement 12 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 16. Sections 9275.1.40.1, 9275.1.53.2.1, and 9275.1.56 of Title 1, Division 5, Part 7, Chapter 2 of Article IX of the Arcadia Municipal Code are hereby 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 AND EDUCATIONAL CENTERS. C -1, C -2, C -M, CPD -1, CBD, and MU." SECTION 17. Section 9275.1.53.6 of Chapter 2, Part 7, Division 5 of Title 1 of Article IX of the Arcadia Municipal Code is hereby deleted and the sections thereafter are renumbered accordingly. SECTION 18. Sections 9275.1.42.1, 9275.1.53.2.2, 9275.1.55.2 are hereby added to Title 1, Division 5, Part 7, Chapter 2 of Article IX of the Arcadia Municipal Code to read in their entirety as follows: 13 "9275.1.42.1. - BUSINESSES SELLING ALCOHOLIC BEVERAGES FOR OFF- PREMISES 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 19. 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 , 2012. ATTEST: City Clerk APPROVED AS TO FORM: P. b6;Wt4 Stephen P. Deitsch City Attorney M Mayor of City of Arcadia i 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 -TW5 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 SUMMARY 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 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. ..k.. Text Amendment No. TA 12 -01 Ordinance No. 2299 July 17, 2012 — Page 4 of 6 se Permit Proposal — Personal Service Businesses will be Zs Amendments will be made in the CPD -1, C -1, C -2, CBD, CM, DMU, and MU Zones. 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 allowed in Redevelopment the CO Project Area by Resolution No. ARA -231. They are currently n and DMU Zones, but they are allowed by Conditional not all the the other commercial zones. The City Council con sidered whether or appropriate regulation for this use. City Council Direction — Continue or restore Tutoring Centers with the Conditional 1 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. ers are Proposal — Various amendments are proposed tzones and not allowed entthe CO allowed by Conditional Use Permit in the above , 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 d 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 r AMU aand are allowed, but not as standalone uses. In the CPD -1, CO, C -1, CBD, , MU Zones, standalone bars would not be allowed. City Council considered whether Use Permit (CUP) in the C -2 and CM Zones. T he ty or not standalone bars and cocktail lounges should be allowed through a CUP in relevant zones. by City Council Direction — Continue to allow standalone allow themeonly Conditional Use Permit (CUP) only in the C-2 and CM as incidental to a restaurant and by CUP in the other zones. Proposal — Amendments are proposed to clarify that only in nth C-2 e nd CMrmZones are standalone bars or cocktail lounges to be • 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 — All 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 ..P.