HomeMy WebLinkAbout2299ORDINANCE 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."
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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:
"(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. 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."
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:
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"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."
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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
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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.
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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
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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
Warehouse Retail (under 40,000 square feet)
Warehouse Retail (over 40,001 square feet)
P
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
midni ht 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
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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
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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
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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:
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"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 7th day of August 2012.
ATTEST Mayor of City of Arcadia
City
APPROVED AS TO FORM:
�;� R b6��4
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2299 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 7th day of August, 2012 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: Council Member Segal
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City er of the Ci of Arcadia