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HomeMy WebLinkAboutMarch 17, 1998�A G E N D A Arcadia City Council and Redevelopment Agency �R"ORAT80• Meeting March 17, 1998 6:00 p.m. Council Chamber Conference Room ROLL CALL: Council Members Chang, Kovacic, Kuhn, Young and Harbicht 1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON- PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON) RE: 6:00 P.M. SESSION 2. CLOSED SESSION ACTION a. Pursuant to Government Code Section 54956.9 (c) to discuss the initiation of litigation (two potential cases). b. Pursuant to Government Code Section 54956.9 (a) to confer with legal counsel regarding the cases of Degroot and Said vs. Arcadia. C. Pursuant to Government Code Section 54956.8 to confer with the City's negotiator regarding a potential lease (price and terms of payment) between the City and American Golf Corporation (Kevin Robert et.al.) applicable to the Arcadia Par 3 Golf Course at 620 East Live Oak Avenue in the City of Arcadia. 7:00 p.m. Council Chamber INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: Agency /Council Members Chang, Kovacic, Kuhn, Young and Harbicht 3. PRESENTATION to the Arcadia Parking District Commission. PRESENTATION of Proclamation declaring March 19, 1998 as Absolutely Incredible Kid Day. 4. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS. ACTION 5. QUESTIONS FROM CITY COUNCIL /REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS. MOTION: Read all Ordinances and Resolutions by title only and waive reading in full. 6. JOINT PUBLIC HEARING OF THE ARCADIA REDEVELOPMENT AGENCY AND CITY COUNCIL a. Report and recommendation to approve a Disposition and Development Agreement (Attachment No. 1) between the Arcadia Redevelopment Agency and Stonebridge Companies; to Approve a Negative Declaration (Attachment No. 2) of Project Proposed at 99 North Second Avenue (Hilton Garden Inn /Fairfield Suites by Marriott); and to approve the design. Report and recommendation to approve Resolution No. ARA - 181 - A Resolution of the Arcadia Redevelopment Agency approving a Negative Declaration prepared in connection with the proposed sale, disposition and development of certain property and approving a certain Disposition and Development Agreement by and between the Arcadia Redevelopment Agency and Stonebridge Companies (Hilton Garden Inn /Fairfield Suites by Marriott Project). Report and recommendation to approve Resolution No. 6042 - A _ Resolution of the City Council of the City of Arcadia, California, approving a certain Disposition and Development Agreement by and between the Arcadia Redevelopment Agency and Stonebridge Companies (Hilton Garden Inn /Fairfield Suites by Marriott Project). ADJOURN Redevelopment Agency to April 7, 1998 at 7:00 p.m. 7. PUBLIC HEARING - CITY COUNCIL a. Consideration of recommendation from the Planning Commission regarding Text Amendment 98 -001. INTRODUCTION - Ordinance No. 2085 - An Ordinance of the City Council of the City of Arcadia, California, amending and adding certain sections to the CBD (Central Business District) zoning regulations relating to uses, signage and outdoor displays; amending the commercial sign regulations relating to window signs and banners, and adding sections to the commercial sign regulations relating to outdoor displays, promotional sales and advertising devices, flags and portable signs (Text Amendment 98 -001). 2 public hearing continued b. Recommendation to continue the Public Hearing on renewal of Cable Television Franchise and Agreement with Cablevision of Arcadia /Sierra Madre, Inc. (TCI) to April 7, 1998. 8. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON- PUBLIC HEARINGIFIVE MINUTE TIME LIMIT PER PERSON). 9. MATTERS FROM ELECTED OFFICIALS City Council Reports/ Announcements /Statements /Future Agenda Items 10. CONSENT a. Minutes of the March 3, 1998 Regular Meeting. b. Report and recommendation to award a contract in the amount of $55,240 to W.A. Rasic Company for the construction of two (2) 8 -inch pressure reducing valves and a 12 -inch water line replacement on Foothill Blvd., from Oakwood Avenue to First Avenue. C. Report and recommendation to award a contract in the amount of $148,500.00 to Montgomery Watson for construction management and inspection services for the Upper Canyon Reservoir and Canyon Booster Pump Station. ADJOURN City Council to April 7, 1998 at 7:00 p.m. in memory of William Kelly, Senior. a 3 ACTION �- -_ • ANNOTATED A G E N D A Arcadia City Council and tb008POR1T89•BOS Redevelopment Agency Meeting March 17, 1998 -6:00 p.m. Council Chamber Conference Room ROLL CALL: Council Members Chang, Kovacic, Kuhn, Young and Harbicht 1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON- PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON) RE: 6:00 P.M.-SESSION` 2. CLOSED SESSION ACTION Harbicht Excused No one spoke a. Pursuant to Government Code Section 54956.9 (c) to discuss the initiation of litigation (two potential cases). b. Pursuant to Government Code Section 54956.9 (a) to confer with legal counsel regarding the cases of Degroot and Said vs. Arcadia. C. Pursuant to Government Code Section 54956.8 to confer with the City's negotiator regarding a potential lease (price and terms of payment) between the City and American Golf Corporation (Kevin Robert et.al.) applicable to the Arcadia Par 3 Golf Course at 620 East Live Oak Avenue in the City of Arcadia. 2c. - Not discussed At 6:04 p.m. the 7:00 p.m. Council RECESSED to the Closed Sessio Council Chamber RECONVENED in the Council Chambers at 7:00 p.m. INVOCATION Rev. Ron Fraker, Victory Chapel of the Foursquare Gospel PLEDGE OF ALLEGIANCE Don Penman, Deputy City Manager /Director of Development Services ROLL CALL: Agency /Council Members Chang, Kovacic, Kuhn, Young and Harbicht Harbicht Excused 3. PRESENTATION to the Arcadia Parking District Commission. PRESENTATION of Proclamation declaring March 19, 1998 as Absolutely Incredible Kid Day. 4. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS. See Minutes ACTION 5. QUESTIONS FROM CITY COUNCIL /REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS. See Minutes MOTION: Read all Ordinances and Resolutions by title only and waive Adopted 4 -0 reading in full. 6. JOINT PUBLIC HEARING OF THE ARCADIA REDEVELOPMENT AGENCY AND CITY COUNCIL a. Report and recommendation to a Closed Public Hrg. p approve a Disposition and Development Approved 3 -0 with Agreement (Attachment No. 1) between the Arcadia Redevelopment Kuhn abstaining Agency and Stonebridge Companies; to Approve a Negative Declaration (Attachment No. 2) of Project Proposed at 99 North Second Avenue (Hilton Garden Inn /Fairfield Suites by Marriott); and to approve the design. Report and recommendation to approve Resolution No. ARA - 181 - A Adopted 3 -0 with Resolution of the Arcadia Redevelopment Agency approving a Negative Kuhn scaining Declaration prepared in connection with the proposed sale, disposition and development of certain property and approving a certain Disposition and Development Agreement by and between the Arcadia Redevelopment Agency and Stonebridge Companies (Hilton Garden Inn /Fairfield Suites by Marriott Project). Report and recommendation to approve Resolution No. 6042 - A Adopted 3 -o with Resolution of the City Council of the City of Arcadia. California, approving Kuhn a6sMning a certain Disposition and Development Agreement by and between the Arcadia Redevelopment Agency and Stonebridge Companies (Hilton Garden Inn /Fairfield Suites by Marriott Project). ADJOURN Redevelopment Agency to April 7, 1998 at 7:00 p.m.- 7. PUBLIC HEARING - CITY COUNCIL Public Hrg. Closed a. Consideration of recommendation from the Planning Commission Approved 4 -0 regarding Text Amendment 98 -001. INTRODUCTION - Ordinance No. 2085 - An Ordinance of the City Council Introduced of the City of Arcadia, California, amending and adding certain sections to Ord. 2085 4 -0 the CBD (Central Business District) zoning regulations relating to uses, signage and outdoor displays; amending the commercial sign regulations relating to window signs and banners, and adding sections to the commercial sign regulations relating to outdoor displays, promotional sales and advertising devices, flags and portable signs (Text Amendment 98 -001). 2 public hearing continued b. Recommendation to continue the Public Hearing on renewal of Cable Television Franchise and Agreement with Cablevision of Arcadia /Sierra Madre, Inc. (TCI) to April 7, 1998; 8. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL /REDEVELOPMENT AGENCY (NON- PUBLIC HEARING /FIVE MINUTE TIME LIMIT PER PERSON). 9. MATTERS FROM ELECTED OFFICIALS City Council Reports/ Announcements /Statements /Future Agenda Items 10. CONSENT a. Minutes of the March 3, 1998 Regular Meeting. i. ACTION Continued to 4 -7 -98 G. Roncelli L. Wilson R. Cunningham G. Marshall G. Fasching K. Kimball M. Segal G. Roberson See Minutes b. Report and recommendation to award a contract in the amount of $55,240 Approved 4 -0 to W.A. Rasic Company for the construction of two (2) 8 -inch pressure reducing valves and a 12 -inch water line replacement on Foothill Blvd., from Oakwood Avenue to First Avenue. C. Report and recommendation to award a contract in the amount of Approved 4 -0 $148,500.00 to Montgomery Watson for construction management and inspection services for the Upper, Canyon Reservoir and Canyon Booster Pump Station. i ADJOURN City Council to April 7, 1998 at 7:00 p.m. in memory of William Kelly, Senior. Adjourned atr9:20 p.m. 3 'R"0RF"7TE°^ MEMORANDUM OFFICE OF THE CITY MANAGER March 17, 1998 TO: Mayor and City Council FROM: William R. Kelly, City Manager By: Cindy Rowe, Community Relations Officer . SUBJECT: Agenda Item 7b — Renewal of Franchise with TCI DISCUSSION Due to the upcoming merger between TCI and Century Communications, a number of issues were raised this week by TCI regarding the proposed Cable Television Franchise renewal. TCI has requested that this item be pulled from the agenda and continued to April 7, 1998 to address those issues. Staff concurs with the request in order to ensure that all language in the document is thoroughly reviewed and in the City's best interest. RECOMMENDATION Because this public hearing has been legally noticed, an announcement should be made relative to its continuance, however, the public hearing should be opened to receive public input. The public hearing should then be continued to April 7, 1998. vTete7-0,_,-,,„2,f.5,,., 1 4'`I 4•. \ -�. :/. 6 y r �,Ro,.T=;=' STAFF REPORT March 17, 1998 DEVELOPMENT SERVICES DEPARTMENT • • TO: Mayor and Members of the City Council FROM: Don Penman, Deputy City Manager/Development Services Director Prepared by: Donna Butler, Community Development Administrato SUBJECT: Consideration of Text Amendment 98-001 and Introduction of.. • Ordinance 2085,amending.and adding certain sections to the CBD ~"` "• ' Central`Business ""District _zon-in re ulations relating to- uses, signage and outdoor displays; amending.:the commercial -sign regulations relating to window signs and banners, and adding sections to the commercial sign regulations relating to outdoor displays, promotional sales and advertising devices, flags and portable signs SUMMARY , Text Amendment 98-001 was initiated at the direction of the City Council. This • -. text amendment proposes changes to certain sections of the CBD (Central Business District) zoning regulations primarily relating to uses, signage and outdoor displays and amending the commercial sign regulations relating to window signs and banners and adding sections relating to flags and portable signs. _— The Planning Commission at its March 10 meeting voted 4-1 with one member absent to recommend to the City Council approval of Text Amendment 98-001. BACKGROUND In August, the City Council along with the Planning Commission conducted a walking tour of the downtown area. After the walking tour, the City Council requested that the Planning Commission review the current CBD (Central Business District) zoning regulations to determine if any of the regulations should be changed and to make recommendations for changes. The focus of the Commission's study was: • "Retail" versus "General Commercial" uses along Huntington Drive and First Avenue CBD/TA9B-0Dlccreport CC Report T.A. 98-001 March 17, 1998 LASEp I". Page 1 : •it • The definition of retail • Signage • Outdoor displays and promotional devices The Planning Commission held four study sessions that included property and business owners in the downtown area and representatives from the Arcadia Business Association. The Planning Commission's recommendations were forwarded to the City Council on December 16, at which time the Council directed staff to proceed with a text amendment incorporating the ,Planning Commission's recommendations. A public hearing was held before the Planning Commission on March 10. After considering testimony from mthe public,-the,Planning Commission recommended approval'of Text Amendment 98-001 as presented in Exhibit 1 with two minor changes. ANALYSIS Exhibit 1 sets forth the proposed changes to the zoning regulations including amendments to the CBD codes relating to uses, signing, outdoor displays and promotional devices. In addition the text amendment includes changes and additions to the CPD-1, C-1 and C-2 zone relating to Portable Signs, Window Signs, Temporary Banners, Pennants and Streamers, Flags, outdoor displays and promotional devices. _ Several letters were submitted to the City (Exhibit 2) expressing concern regarding the regulation permitting only specified "retail° businesses and financial institutions within the front 1/3 of the ground floor area of buildings fronting on Huntington Drive. The Planning Commission in its consideration, discussed the restriction of retail uses along Huntington Drive. It was the consensus of the Commission, that the regulations have only been in effect for approximately a year and a half and that there has not been adequate time to gauge the effectiveness of the code. They noted that there is considerable development taking place Downtown and that it was premature to change the code at this time. The Planning Commission did acknowledge that the code can be amended at a later date if it is determined that the "retail" only requirement along Huntington Drive is too restrictive. The Planning Commission's recommendation included minor changes to 9264.2.9 (page 4 Exhibit 1) regarding uses subject to a conditional use permit. CBD/TA9B-001ccreport CC Report T.A. 98-001 March 17, 1998 Page 2 • S e , In addition, the Commission discussed amending Section 9262.4.14 "Allowable Area for Identification" of the sign regulations to be consistent with Section 9264.3.6. These sections relate to the issue of business identification allowing no more than one-third (1/3) of the sign area to contain non-English translations. The following is a summary of the major changes proposed in Text Amendment 98-001. CBD Retail Land Uses The proposed revisions simplify sections relating to land use which led to misinterpretation of the code including: • Currently the CBD zone prohibits any use but retail in the front one-third of the ground floor area in buildings along Huntington Drive and First Avenue, except if a building is specifically designed for office use. The proposed revisions do not change this requirement, but clarify the existing wording for "Retail Uses". (See page 2, Exhibit 1) • A new section "Consumer Services" has been added. Uses identified in this Section are not considered 'retail" and would not be allowed in the front one- third of the ground floor area along Huntington Drive and First Avenue (See page 1, Exhibit 1) Signaae, Banners, Outdoor Displays and Promotional Devices Revisions and additions have been made to both the CBD regulations as well as the general commercial signing regulations. The following are highlights of the changes: • Portable signs have been better defined in the CBD zone and "A" frame signs will now be allowed as long as they are professionally designed. In addition .- "Portable signs" will now be permitted in the other commercial zones subject to the standards set forth in Exhibit 1. (See page 5 and 6, Exhibit 1) • Currently temporary window signs (such as holiday signs) are only permitted for a maximum of thirty (30) cumulative days per year. The proposed changes will allow temporary window signs sixty (60) cumulative days per year. (See page 8, Exhibit 1) • The time period for temporary banners has been extended from thirty (30) days to sixty (60) cumulative days per year with a requirement that any single display period not exceed 30 days and that there be two weeks interval between times during which the banner is displayed. (See page 8, Exhibit 1) CBDITA98-OD1ccreport CC Report T.A. 98-001 March 17, 1998 Page 3 • The code has never allowed pennants, streamers and other attention attracting displays. A section has been specifically added which addresses this issue. (See page 9, Exhibit 1) • A section has been added to allow decorator-type flags that do not contain commercial messages in text form. (See page 9, Exhibit 1) • Sections regarding outdoor uses, sales or display of merchandise have been amended to be more flexible. Currently outdoor displays are prohibited in the C-1, CPD-1 and C-2 zones. The CBD zone allows outdoor displays for antique shops and flower shops only located along Huntington Drive and First Avenue. The regulations have been amended to allow outdoor displays in all commercial, zones as long as they do not include merchandise typically for sale on the premises except for florist and antique shops.. (See page 10 and 11, Exhibit 1) _ . . . . . . . • Promotional Devices such as balloons will be allowed subject to the regulations set forth in Exhibit 1. (See pages 11 and 12, Exhibit 1) CEQA Pursuant to the provisions of the California Environmental Quality Act, the Development Services Department has prepared an initial study for the proposed project. Said initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. When considering the record as a whole, there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a_Negative Declaration has been prepared for this project. RECOMMENDATION The Development Services Department recommends approval of the proposed changes as set forth in Exhibit 1. FINDINGS AND MOTION The City Council should open the public hearing. After receiving testimony the City Council should move to approve Text Amendment 98-001 as proposed or as amended by Council and Introduce Ordinance 2085 as follows: CBDITA98-001ccreport CC Report T.A. 98-001 March 17, 1998 Page 4 • Ordinance 2085, an Ordinance of the City Council of the City of Arcadia, California amending and adding certain sections to the CBD (Central Business District) zoning regulations relating to uses,_ signage and outdoor displays.; amending the commercial sign regulations relating to window signs and banners, and adding sections to the commercial sign regulations relating to outdoor displays, promotional sales and advertising devices, flags and portable signs. Attachments: Exhibit 1 Exhibit 2 - Letters regarding the proposed Text Changes Ordinance 2085 Approved: , ///-% A/l� illiam R. Kelly, City Manager • • CBDrA96-001 ccreport CC Report T.A. 98-001 March 17, 1998 Page 5 EXHIBIT 1 RECOMMENDED CHANGES TO THE ZONING REGULATIONS MARCH 10, 1998 Proposed changes to the zoning regulations are identified in italics and bold and deletions are noted with a stfikethfaug14. PROPOSED CHANGES TO PERMITTED USES AND DEFINITION OF RETAIL IN THE CBD ZONE • 9264.2. 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, 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. Commercial banks, savings and loan associations 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 Huntington Drive and First Avenue except as provided in Section 9264.2.7. — 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 Huntington Drive and First Avenue except as provided in Section 9264.2.7. 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 Huntington Drive and First Avenue. 1. Barber, beauty, tanning and nail shops 2. Dry Cleaning Shop TA9B-001 CBD Revisions 3-10 Text Amendment 98-001 3/17198 Page 1 3. Equipment rental and leasing 4. Electronic Repair Shop 5. Furniture rental stores 6. Hardware rental stores 7. Interior design store/showroom that does not have on-site retail - 8. Locksmith shops 9. Music rental and lesson stores 10. Mailing Services, including post office box rentals and courier shipping 11. Photography studios 12. Shoe Repair 13. Tailor, dressmaking shops 14. Video Rental/Sales 15. Any other use deemed by the Planning Commission to be considered "consumer services" 9264.2.6. (formerly. 9264.2.5) RETAIL. USES. Retail stores or businesses under 10,000 sq. ft of gross floor area 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: (1) a minimum of the front one-third of the ground floor area of a building shall be utilized for retail sales and display, (2) that at least 75% of the gross receipts are derived from the retail sale of merchandise to the general public; (3) that the incidental manufacture, processing or treatment of products shall not exceed one-third of the ground floor area of the building; and (4) windows facing the public street shall have merchandise visible to passing pedestrians. 1. Antique stores-75% of merchandise must be over 100 years old 2. Appliance stores 3. Art galleries 4. Bakeries, ice cream stores or confectionery stores - employing less than 5 persons • 5. Barber, beauty, nail chop 6. Bicycle shops 7. Book or stationary stores 8. Camera shop 9. Clothing or wearing apparel shops (new merchandise only) 10. Consignment clothing stores 11. Copy Centers (not including commercial off-set printers) 12. Delicatessen shops 13. Department stores 14. Drug Stores 15. Floor covering/drapery stores 16. Florist shops 17. Furniture sales or rental ctorec 18. Hardware sales or rental tore • 19. Interior decorating stores 20. Jewelry stores TA98-001 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Page 2 • i .i. ' = 21. Kitchen and bath cabinets/fixtures 22. Lighting fixture stores 23. Music stores, instrument sales, 24. Paint and wallpaper stores _ _ 25. Pet shops 26. Photography stores and-studies 27. Picture Frame stores 28. Radio and television stores and incidental repair services 29. Records, audio and videotape and other products, including sales, rentals and incidental repair . 31. Shoe repair . 32. Saddlery shops -. .. _. . . -.- . . . _ 33. Sporting goods stores . . 34. Tobacconist/Cigar Shops 35. Tailor, dressmaking chops 36. Toy shops 37. Trophy Shops 38. Typewriter and computer product sales, rentals and incidental services 9264.2.7. (formerly 9264.2.9) 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 of the ground floor for structures fronting on Huntington Drive and 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 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 and a ctructurc shall derive at least seventy- five percent (75%) of its gross receipts from the retail sale of merchandise to the general public. 4. Windows facing the public street shall tiave display merchandise visible to passing pedestrians. 5. One passageway may be provided through the front one-third area to the rear of the structure. The passageway shall not exceed a maximum width of five feet or the minimum width necessary to comply with the Americans with Disabilities Act. 9264.2.8. (formerly 9264.2.6) 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. TA9B-DD1 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Page 3 P 9264.2.9. (formerly 9264.2.7) 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 10,000 square feet gross floor area 2. Alcoholic beverage sales for off-premises consumption (liquor stores) 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. Education/tutoring centers, not located on the ground floor along Huntington Drive and First Avenue 7. Health Clubs 8. Martial Arts Studios 9. Residential uses which are an integral part of a commercial development (13 du/ac maximum). Must be located above the ground floor 10. Restaurants, eating establishments, coffee houses, juice bars, delicatessen and similar uses • - 2- - -- --- - = - - - - 2- e 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 - 9264.2.10. (formerly 9264.2.8) OTHER USES. Any other uses deemed by the Planning Commission City Council to be compatible with the purposes of this Title. SIGNAGE, BANNERS, OUTDOOR DISPLAYS AND PROMOTIONAL DEVICES CBD, CPD-1, C-1 AND C-2 ZONES Sign Regulations CBD Zone 9264.3.6. SIGN REGULATIONS C. Portable Signs. The use of small pedestrian oriented portable signs is permitted in the CBD Zoning District on public or private properties subject to the approval of a sign permit and the following standards: TA9B-DD1 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Pape 4 1. , A portable sign is any sign or advertising device that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground. This does not include temporary banners, posters and similar signs made of . nonpermanent materials; - - Only businesses with street frontage are permitted to have portable signs. Businesses which are on either of these etreete, but are located along pedestrian arcades/walkways having access to these streets may also use portable signs, but shall not locate'such signs within the public right-of-way. In addition, each : group of businesses located along an arcade/walkway may use one portable directory sign listing all businesses along the arcade/walkway, which may be located within the public right-of-way. No business shall be allowed to have more than one portable sign; 3. Portable signs may have a maximum sign area of six (6) square feet per face. The maximum height from ground level, shall be four (4) feet and the maximum width shall be two (2) feet; ,- 4. Portable signs may be located on private property or within the public right- of-way, provided they do not interfere with pedestrian movement or wheelchair access to, • through and around the site. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public. Owners of such signs shall provide public liability insurance as set forth below or as approved by the City Attorney prior to approval of a sign permit; 5. Portable signs shall not encroach into required off-street parking areas, . public roadways or alleys, and may not be arranged so as to create site distance conflicts or other traffic hazards._ Portable signs shall not be placed within the corner curb return areas of intersections; • • - 6. Portable signs shall be utilized only during regular business hours and shall be removed during nonbusiness hours; 7. Portable signs shall -- 7 --- - - -. -- = - - _-- - - -- - -= shall have a weighted base capable of keeping the sign upright in a moderate wind. A frame 8. Materials for portable signs shall be of a permanent nature. Signs shall be constructed of durable, weather-resistant materials and not be subject to fading or damage from weather. The use of paper or cloth is not permitted unless located within a glass or plastic enclosure;- :. - 9. No lighting is permitted on or for portable signs; 10. Portable signs shall be professionally designed in an attractive manner meeting the approval of the Development Services Director or designee, and present an image of quality and creativity; 11. Portable signs shall be maintained in a neat, orderly fashion so as not to constitute an unsightly appearance or a public nuisance. Signs shall be constr-acted of ---- • _ -- -=- - - - -- e- - - - -- _-- e. -- = - - --. Signs that are not maintained shall be removed immediately upon notice from the Development Services Director or designee; TA9B-OD1 CBD Revisions 3-10 Text Amendment 9B-001 3/17/98 Page 5 12. Prior to placing any portable sign on private property or in the public right of way, a business owner shall receive approval of a sign application for Architectural Design Review from the Community Development Division; and 13. A sign permit application for a portable sign to be located on public property shall be accompanied by a certificate of insurance in the following amounts, or-as approved by the City Attorney. (a) Public liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) for injuries to each person, and in an amount not less than five hundred thousand dollars ($500,000.00) for any occurrence; (b) Property damage insurance in an amount not less than one hundred thousand dollars ($100,000.00) for damage to the property of each person on account of any one occurrence; and (c) Insurance policies shall name the City of Arcadia an additional insured and shall constitute primary insurance for the City, its officers, agents and employees, so that any other policies held by the City shall.not contribute to any loss under this insurance. Policies shall provide for thirty (30) days prior written notice to the City of cancellation or material changes. In addition to allowing portable signs in the CBD zone, it is recommended that the CPD-1 and C-1 sign regulations be amended to include portable signs as follows: CPD-1 and C-1 9260.3.15. (CPD-1) and 9262.4.19 (C-1) PORTABLE SIGNS Portable Signs. The use of small pedestrian oriented portable signs is permitted on public or private properties subject to the approval of a sign permit and the following standards: 1. A portable sign is any sign or advertising device that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground. This does not include temporary banners, posters and similar signs made of nonpermanent materials; 2. Only businesses with street frontage are permitted to have portable signs. Businesses that are located along pedestrian arcades/walkways having access to the street may also use portable signs, but shall not locate such signs within the public right-of-way. In addition, each group of businesses located along an arcade/walkway may use one portable directory sign listing all businesses along the arcade/walkway, which may be located within the public right-of-way. No business shall be allowed to have more than one portable sign; 3. Portable signs may have a maximum sign area of six (6) square feet per face. The maximum height from ground level, shall be four (4) feet and the maximum width shall be two (2) feet; 4. Portable signs may be located on private property or within the public right-of-way, provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. A minimum access width of five (5) feet shall. be maintained along all sidewalks and building entrances accessible to the public. Owners of such signs shall provide public liability TA96-001 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Page 6 insurance as set forth below or as approved by the City Attorney prior to approval of a sign permit; 5. Portable signs shall not encroach into required off-street parking areas, public roadways or alleys, and may not be arranged so as to create site distance conflicts or other traffic hazards. Portable signs shall not be placed within the corner curb return areas of intersections; 6. Portable signs shall be utilized only during regular business hours and shall be removed during nonbusiness hours; 7. Portable signs shall have a weighted base capable of keeping the sign upright in a moderate wind. 8.. Materials for portable signs shall be of a permanent nature. Signs shall be constructed of durable, weather-resistant materials and not be subject to fading or damage from weather. The use of paper or cloth is not permitted unless located within a glass or plastic enclosure; No lighting is permitted on or for portable signs; 10. Portable _signs _shall be professionally designed in • an attractive • manner meeting the approval of the Development Services Director or designee, and present an image of quality and creativity; 11. Portable signs shall be maintained in a neat, orderly fashion so as not to constitute an unsightly appearance or a public nuisance. Signs that are not maintained shall be removed immediately upon notice from the Development Services Director or designee; 12. Prior to placing any portable sign on private property or in the public right of way, a business.owner shall receive approval of a sign application for Architectural Design Review from the Community Development Division;and 13. A sign permit application for a portable sign to be located on public property shall be accompanied by a certificate' of insurance in the following amounts, or as approved by the City Attorney: (a) Public liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) for injuries to each person, and in an amount not less than five-hundred thousand dollars ($500,000.00) for any occurrence; (b) Property damage insurance in an amount not less than one hundred thousand dollars ($100,000.00) for damage to the property of each person on account of any one occurrence; and (c) Insurance policies shall name the City of Arcadia an additional insured and shall constitute primary insurance for the City, its officers, agents and employees, so that any other policies held by the City shall not contribute to any loss under this insurance. Policies shall provide for thirty (30) days prior written notice to the City of cancellation or material changes. Number 5 of Subsection C of Section 9262.4.3. in the C-1 zoning regulations shall be amended to read: TA98-001 CBD Revisions 3-10 Text Amendment 9B-001 3/17195 Page 7 "Advertising signs cuch ac "A" framegnc, cignc attached to bicycle racks shall not be permitted." Section 9260.3.3.2. PERMITTED AND PROHIBITED SIGNS set forth in the CPD-1 zone shall be amended as follows: • "Signs of the type listed below which advertise a business conducted on the premises on which the sign is located are permitted: 1. Wall Sign 2. Free-Standing Sign 3. Marquee Sign 4. Portable Signs" Window Signs It is recommended that temporary window signs in excess of the allowable square footage be permitted for a maximum of sixty(60) days per calendar year rather than the thirty (30) days currently allowed. The following is the proposed change to the Commercial Signing Regulations: 9262.4.8. WINDOW SIGNS. "B. (Same as in code with following change to Exception) EXCEPTION: Temporary window signs which are in excess of the above limits shall be permitted to advertise special events, provided a business shall not use such temporary window signs for more than thirty (30) sixty (60) cumulative days in any one (1) calendar year. A sign permit shall be obtained from the Building Department Services prior to the painting, posting or affixing. Before issuing a sign permit for a temporary window sign which is in excess of the limits outlined in subsection "B", above 4, the City shall charge and collect a fee in accordance with the applicable fee schedule adopted by resolution of the City Council." • Banners Temporary Banners not exceeding 32 sq. ft. are allowed for a maximum of thirty (30) cumulative days per calendar year. It is recommended that temporary banners be allowed a maximum of sixty(60) cumulative days per year with any single display period not to exceed a maximum of thirty (30) continuous days per year, with a minimum of two (2) weeks interval between times during which the banner(s) is displayed. The following are proposed changes to the Temporary Banner regulations. "9262.4.13. TEMPORARY BANNERS Definition: A temporary banner is a sign which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand TA98-OD1 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Paae 8 exposure to wind and rain without significant deterioration, and which doe not require a building permit for its construction, or installation outside of a building. The Community Development Division may issue a permit for temporary banners, advertising special event, special sales or promotions, grand openings, changes in ownership or management, going-out-of-business sales, and similar events. • Requests for a temporary banner shall be submitted in writing to the Planning Director Community Development Division, and shall include a description of the banner, its general content, location on the property, size, banner construction (materials), the time period that the banner will be displayed, the .address of the property, the name of the business, and the name of the person requesting the approval of the permit. • A maximum of two (2) temporary banners, at any one time, may be permitted for each business. The maximum total surface area of all such temporary banner(s), for each business, shall not exceed thirty-two (32) square feet. The use of temporary banner(s) for each business shall not exceed more than thirty (30} sixty (60) cumulative days in any one (1) calendar year with any single display period not to exceed a maximum of thirty(30) continuous days per year, with a minimum of two (2) weeks interval between times during which the banner(s) is displayed. Temporary banners for events or activities sponsored by non-profit organizations • may be authorized for an additional thirty (30) cumulative days in any .one (1) calendar year. Notwithstanding any section of the Arcadia Municipal Code, the owner or person in possession of a banner in violation of this Title shall remove the same upon order of the Planning Director Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is displayed shall be counted as one (1) full day." Pennants, Streamers, etc. The following prohibition shall be included in Section 9262.4.3.0 of the Commercial Sign Regulations: 9262.4.3.C. Prohibitions: 7. Pennants, streamers, spinners, festoons and/or other similar-types of attention attracting displays are prohibited. Flags Add the following regulations to the commercial signing regulations: 9262.4.12.1. Same. Flags. TA95-001 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Paoe 9 exposure to wind and rain without significant deterioration, and which doe not require a building permit for its construction, or installation outside of a building. The PlaRaiRg--Difestef Community Development Division may issue a permit for temporary banners, advertising special event, special sales or promotions, grand openings, changes in ownership or management, going-out-of-business sales, and similar events. Requests for a temporary banner shall be submitted in writing to the Planning " Director Community Development Division, and shall include a description of the banner, its general content, location on the property, size, banner construction (materials), the time period that the banner will be displayed, the .address of the property, the name of the business, and the name of the person requesting the approval of the permit. r • A maximum of two (2) temporary banners, at any one time, may be permitted for each business. The maximum total surface area of all such temporary banner(s), for each business, shall not exceed thirty-two (32) square feet. The use of temporary banner(s) for each business shall not exceed more than thirty (30) sixty (60) cumulative days in any one (1) calendar year with any single display period not to exceed a maximum of thirty(30) continuous days per year, with a minimum of two (2) weeks interval between times during which the banner(s) is displayed. Temporary banners for events or activities sponsored by non-profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. Notwithstanding any'section of the Arcadia Municipal Code, the • owner or person in possession of a banner in violation of this Title shall remove the same upon order of the Planning Director Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is displayed shall be counted as one (1) full day." Pennants, Streamers, etc. The following prohibition shall be included in Section 9262.4.3.0 of the Commercial Sign Regulations:• 9262.4.3.C. Prohibitions: 7. Pennants, streamers, spinners, festoons and/or other similar-types of attention attracting displays are prohibited. Flags Add the following regulations to the commercial signing regulations: 9262.4.12.1. Same. Flags. TA9B-OO1 CBD Revisions 3-10 Text Amendment 9B-OD1 3/17/98 Paae 9 • Flags, which do not contain commercial messages in text form such as product brand names, business or professional service names, shall be allowed subject to the following restrictions: 1. Flags shall be mounted on the building to allow for a minimum clearance of 7'-O" over a pedestrian right-of-way and 15'-0" over a vehicular way and shall not extend above the top of the building's roof. 2. Maximum of two (2) flags shall be permitted. 3. Maximum area of flags shall not exceed fifteen (15) sq. ft per flag. _ Outdoor Displays The following changes are proposed for outdoor display/sales in the CBD zone: Section 9264.3.9. OUTDOOR USES/SALES OR DISPLAY OF MERCHANDISE. All uses merchandise shall be displayed within a completely enclosed building = =- ----: - - - - :-- : - -- -- ='-- -• Outdoor displays shall be allowed provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. • Outdoor displays shall not include merchandise typically for sale on the premises except for florist and antique shops. Sales tags showing the cost of said merchandise shall L e prohibited. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public, Owners of said business shall provide public liability insurance in an amount • approved by the City Attorney. display/sale of e Foh aRsLise, fist generally in :. . conjunction with antique shops and flower chops located on HuntiRgton Drive and First • • - - - - -- -- - , -- - - e s: - : - - - e --- - - - - = e- = -e- - wit. Temporary outdoor sales/promotional events may be allowed on the public right- of-way through the approval of a permit as set forth in Section 6324.18.5 (Sidewalk Sales). Temporary outdoor sales/promotional events shall be conducted in compliance with the regulations set forth in Section 6439.12 (Condition of Sidewalk sales). . EXCEPTION: Temporary outdoor sales/promotional events including only merchandise typically for sale on the premises may be allowed on the public right- of-way in conjunction with a "farmers market" or other City or downtown business association sponsored event. 9264.3.9.1 The placement and arrangement of outdoor displays shall be subject to the review and approval of the Development Services Director or designee. In addition to the above, outdoor displays shall be added as permitted uses in the C-1 and C-2 zones subject to the following requirements: TAW-DM CBD Revisions 3-10 Text Amendment 9B-001 3/17/98 Page 10 9262.6.11 (C-1 Zone) and 9263.6.8 (C-2 Zone) OUTDOOR USES/SALES OR DISPLAY OF MERCHANDISE. All merchandise shall be displayed within a completely enclosed building. Outdoor displays shall be allowed provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site. Outdoor displays shall not include merchandise typically for sale on the premises except for florist and antique shops. Sales tags showing the cost of said merchandise shall be • prohibited. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible` to the public. Owners of said - business shall provide public liability insurance in an amount approved by the City Attorney. Temporary outdoor sales/promotional events may be allowed on the public right-of-way through the approval of a permit as set forth in Section 6324.18.5 (Sidewalk Sales). Temporary outdoor sales/promotional events shall be conducted in compliance _ with the regulations set forth in .Section 6439.12 • (Condition of Sidewalk sales): "'' - = The placement and arrangement of outdoor displays`shall be-subject to the review and approval of the Development Services Director or designee. Promotional Devices The "promotional" section of the CBD guidelines is being incorporated into the CBD zoning regulations to allow promotional sales and advertising devices. "9264.3.13. Promotional Sales and Advertising Devices. The following regulations shall be followed whenever promotional devices are used: 1. The use of temporary promotional sales and advertising devices shall be limited to no more than 20 days within a 90 day period. The use of permanent promotional displays (e.g. window signs and banners) is prohibited. 2. Temporary window signs should not cover more than 30% of the window area including any existing permanent window signs. Banner signs should not cover any portions of windows or doors and s;ate o rigid framoc on at _ : _ _ ._ _ _ _ - . _ - _ _ - _ - _ _ -- - - . Non metallic balloons shall • be allowed provided: A, They do hot exceed 12 inches in diameter and extend above the roofline of the building or extend beyond the portion of the building leased by the business; B. They do not obstruct pedestrian or vehicular visibility; C. They do not overhang onto adjacent sidewalks, streets or other properties; D. Said balloons are maintained in good condition at all times, with damaged or deflated balloons being promptly removed; and E. That they are not displayed more than sixty(60) cumulative days per year. 4. No temporary promotional device shall be placed upon the public sidewalk or other public right-of-way and such device shall not be attached to any utility TA96-0D1 CBD Revisions 3-1D Text Amendment 98-001 3/17/98 Pape 11 . v pole, traffic signal/sign, tree, or other similar objects located within the public right-of-way. 5. Portable, temporary signs are permitted in compliance with the requirements of the CBD zone sign standards." _ _ In addition, it is recommended that the CPD-1,' C-1 and C-2 regulations be amended to include promotional devices as set forth below: 9260.3.16. (CPD-1) Promotional Sales and Advertising Devices. 9262.4.19. (C-1 and C-2) Promotional Sales and Advertising Devices. The following regulations shall be followed whenever promotional devices are used: 1. The use of temporary promotional sales and advertising devices shall be limited to no more than 20 days within a 90 day period. The use of permanent promotional displays (e.g. window signs and banners), is prohibited . 2. Temporary window signs should not cover more than 30% of the window area including any existing permanent window signs. Banner signs should not cover any portions of windows or doors. 3. Non metallic balloons shall be allowed provided: A. They do not exceed 12 inches in diameter and extend above the roofline of the building or extend beyond the portion of the building leased by the business; - B. They do not obstruct pedestrian or vehicular visibility; C. They do not overhang onto adjacent sidewalks, streets or other properties; D. Said balloons are maintained in good condition at all times, with damaged or deflated balloons being promptly removed; and E. That they are not displayed more than sixty(60) cumulative days per year. No temporary promotional device shall be placed upon the public sidewalk or other public right-of-way and such device shall not be attached to any utility pole, traffic signal/sign, tree, or other similar objects located within the public right-of-way. Portable, temporary signs are permitted in compliance with the requirements of the (CPD-1 or C-1) zone sign standards." TA9B-O01 CBD Revisions 3-10 Text Amendment 9B-001 3/17/98 Page 12 -t...7-1.1.4.:4.6,12::.1•a•:•.,-3;!.:L:t:',Z.,%::-..i..,:••••:!•••;'Al•:?"••■•';,;•-i:: )..a••••,••.... ,•!..::.::•......•.::. : ••••:.'!• .:- .•••.• •I •• • ••: - :. :-• . ' • • •• •■!•-,':.•" : ; ' :....:•,•, " • • • • • • ...:"7",•-, ••1:•-•"i:!-- '' •• - ..; ':?•:. - .. • •••'''-•:• *-.::::••• •••...)..,:.!•.• .,-::.,•-•,..:,..:- .1 - , • ..- :•■• . '. . ..•. ' • •• •, ..1..T.i••;;I: • . . ,.. . • • • ' * ' •• • • • • -...,•-t..!.,7.!:•;'••;•:,.••?',.''.;•••• - '',•••••;.:•:-.•''.•. :. .•••••''....• •••'• • •'• • • . 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Litc_r - — tel-'--7 ..721 CF-2L.1-1C•C% tk:P7t--C.Ce-' 7.ze-/-- 7- ., -E4 ...._ . 2 ..,./y,_ ,,.• , 7, -/-4) - Y ii L . 2 , . . . 44' . • . 7/r r1-7'd) , • ''''A---14- -------- /• //I "C 7Z7 _. cl/r-5 . -I5--/ Z/V Fh - - 1-01-1995 U:O At•1 FROF.1 P. 1 • ,EX PROPERTIES „EtLES J.FADELL&ASSOCIATES • HUNTINGTON COURT _ _ ARCADIA, CALIFORNIA • • 2661CZ833 February 19, 1998 Community Development Division 2L0 West Huntington Drive Arcadia, Calif. , 91007 • . Atti Donna L. Butler Administrator • RE: Neeting February 24 concerning C B D ZONE REGULATIONS Regretfully, we are unable to attend the schedualed meeting pertaining to the Central Business District Zoning. • The current:..commercial zoning has adversly affected our successfuly leasing vacant space in a PRIP Arcadia loc- . ation. This in turn is proving a hardship on -us. as pro- perty owners in the area and likewise OUT Tenants who are trying to improve their business, but are neg- ately impacted by long. staring vacances . • We therefore, wish to cast our vote towards recom- mending that the City Council remove retail requirements from the .0 B D Zone regulations . This we hope for a change that would prove productive for all concerned . Respectfully, C5*V.jam s 'J • �''acel l P.O. BOX 29506-Los Angeles,Calif.,90029•Tr1.213-661-8606 Fax 213-663-9837 Charles and Virginia Lester 1223 Oakglen Avenue Arcadia, California 91006 March 6, 1998 • Donna Butler Director of Community Development 240 West Huntington Drive Arcadia, California 91006 • Re: Planning Commission Meeting 3/10/98 Dear Ms. Butler: My wife and I have owned the property at 42, 44 and 44-1/2 Huntington Drive for many years. It is a one-story building which contains three small units facing on the south side of the street. It also has a sizable parking lot which runs south to the alley. We are writing this letter to urge the Commission to make the CBD restrictions more lenient and to permit uses other than strictly retail stores. The unit at 44-1/2 has been vacant since October and we have been actively trying to rent it through a reputable realtor. Almost all the prospective tenants are profession ,—such as accounting office, mortgage company, and the like, whereas virtually none have been in a retail business. To limit usage to strictly retail would create a severe hardship on us and other owners by eliminating the most likely tenants for these small quarters. We also strongly feel that this limitation on use will result in increasing the already high vacancy rate which certainly will degrade the neighborhood. On the other hand, a mix of legitimate small business and professional tenants will result in high occupancy, which is sorely needed to enhance the neighborhood. • February l S, 1998 FE B 1 8 1998 Ms. Donna Butler Community Development Administrator City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Re: Changing Arcadia CBD Regulations Dear Ms. Butler The purpose of this letter is to ask the Planning Commission to recommend to City Council that the "only specified retail commercial businesses and financial institutions shall be allowed within the front 1/3 of the ground floor for structures fronting on Huntington Drive" restriction be removed from the CBD Regulations, which were adopted May 7, 1996. I feel that the property owners'viewpoint has not been expressed at previous meetings. Because of the holidays, the fact that many live out of town, illness, and not being aware that the matter has been brought up for reivew, owners have not attended meetings, but many have called to express their interest in changing the regulation. I have enclosed copies of letters from two owners, Margaret Warner and Lawrence Landis, and Alan Swafford has written the City. The reasoning for the above requegris that the regulation is too restrictive; most cities have mixed uses, which complement each other, in their downtown areas. I believe that keeping the retail restriction along Huntington Drive puts the City in the - position of being its own worst enemy. Tax revenue is not received from empty buildings. However, small.stores along the Drive will not solve the city's financial problems, but the appearance of the downtown area can continue to improve if new businesses that are needed are permitted to occupy empty spaces. Yours truly • / Faye B. Stabler Owner, 32 and 34 E. Huntington December 16, 1997 City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Ladies and Gentlemen The purpose of this letter is to ask the Planning Commission to recommend to City Council that the "only specified retail commercial businesses and financial institutions shall be allowed within the front 1/3 of the ground floor for structures fronting on Huntington Drive" restriction be removed from the CBD Regulations, which were adopted May 7, 1996. I feel that the property owners' viewpoint was not expressed at previous meetings. Because of the holidays, the fact that many live out of town, and illness, owners are not attending meetings, but many have called to express their interests in changing the regulation. The reasoning for the above request is the area is not, at the present time, designed for retail. There should be a - mix of uses. Yours truly J Faye B. Stabler Owner, 32 and 34 E. Huntington .9:a 1.;0 Byre \WU DMVE 1.9GUt A 1:Lr,GI, C '.11;. 92652 i tom) . . Nov . 20 , 1997 Ms . Donna Butler, Community Development Administrator City of Arcadia 240 W. Huntington Dr . Arcadia, CA 91066 • re : City of Arcadia CBD Regulations Considerations of the City of Arcadia Planning Commission • Dear Ms . Butler: Please place the following letter, if possible , for consideration • in the next Planning Commission Meeting . Thank you for your • help. • • To: Honorable Members of the City of Arcadia Planning Commission: • As the owner for many 'decades of the building at 131-131 1/2 E. Huntington Drive I entreat you to carefully consider the following. • By limiting the use of premises to the Retail Catagories listed • in Ordinance 2049 the City is effectively negating the stated • intent to improve and maintain downtown as a vibrant, dynamic, attractive and whol( 3ome part of the City of Arcadia. Based upon my personal past experiences you are precluding very desirable tennancies and assuring a high—number of vacancies , a lower quality of credit tennancies, and a lower degree of maintenance and improvements by landlords and tennants . In the past I have lost potential tennants because of the necessity to go through a variance process to occupy my building . Examples of these losses include many prime rated tennacies inclusive of employment agencies , including subsidiaries of NASDAQ listed firms , travel agencies which were also a part of a chain, BelWood Bakery (a very high income area specialty bakery, sandwich , and coffee chain) , winery retailers which were part of major wineries , a world renowned musician trying to open a music school , consulting engineering services firms for both highway and geological work and inumerable others -of similar quality. In almost every instance the potential tennant did take premises in Cities surrounding Arcadia . . M The losses impact both the City and the property ownerships and r.ennancies . It impacts the owners such as me in lowering the ialue of my properties , having , realistically, an extremely high ,acancy rate , and diminishing the ability to economically afford :he types of upgrades I would like to do on my property. kccordingly, I entreat the Planning Commission to consider, at Least,alternatives to the structural impediments that have been °rected to obtaining and retaining the types of occupancies that :he City and the current property owners and property users need and desire . )ne of many alternatives would be to institute a process much aimpler than a variance or conditional use process whereby ,a iser that does not fit the catagories specified, but is within :he intent of the regulation,can be permitted to use the intended location. A committee or a reviewing authority within ;he City Administration with waiver authority could be considered. Safeguards against abuse such as requiring a review authority could also be used. • sincerely hope that you seriously consider the above entreaty _nasmuch as I suffered both pecuniary loss and considerable work and difficulty over the years due- -to the catagorizations . 'Thank you. ;.es Ctful.ly submitted, ti.s9 -w wre ce andis Margaret Warner 360 Fairview Arcadia, Ca. 91007 November 25, 1997 Donna Butler Community Develop ment Administrator • City Hall 240 W. Huntington Drive Arcadia, Ca. 91066 RE: Changing Arcadia CBD Regulations Dear Ms. Butler, My opinion is as a property owner on "Retail" vs. "Commercial", of course mainly based on my property "The Arcade Building" at 36-38-40 E. Huntington Drive, South Side. I have had desirable success in both retail and commercial tenants. This has I believe a great deal to do with the sufficient parking in my lot at the rear of my building for my tenants and their clients. The lot runs from the alley to Alta Street. This lot has become a veritable "all City" general public parking lot. The apartments, the Bars and overflow from other businesses which have inadequate parking space all use it day and night. I have allowed this as a good will gesture to my business neighbors as much as possible and to the City in general. I do feel the more attention and awareness of the "Down Town" area is very important. This all has a bearing on the same old problem. Not enough parking. My lot is of great help to a great many and I do not wish to chain or padlock it unless it comes a problem as to the use of my own tenants. I fell all "Retail" would increase the lack of parking space but "Retail" and "Commercial" would combine very successfully with one complimenting the other. Page 2. My front building at 36 E. Huntington Drive, Arcadia sat vacant for over one year. It is currently occupied but the inquires that we had during that time were seldom for "Retail" purposes and the types of "Retail" that had inquired would never last there more than a couple of months because of the parking situation on Huntington Drive. People are lazy and do not want to drive around to the back of the building they want to pull up find parking and do their business. I am not in favor of of having Ar adia,wouldtlike and to pay mytricted the City who I can rent my building to. Unless Y property taxes and other expenses you have when you own property. I am being represented by Pamela J. del Rey of Art Del Rey Realty, Inc. my building manager. P.S. I am never notified of the meetings concerning.the "Retail"-"Commercial" business. Sincerely, .1 I': i i ;r! . =4;:,/ ! f.< t .._.. Margaret Warner