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HomeMy WebLinkAboutMay 5, 1998,7 A N N O T A T E D A G E N D A y Arcadia City Council and Redevelopment Agency Meeting May 5, 1998 6:00 P.M. Council +Chamber Conference Room REVISED ACTION ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic Roncelli Excused 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. No one spoke 2. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with City labor negotiators Dan Cassidy.and William Kelly regarding Teamsters Local 911, AFSCME Local 2264, AFFA, APOA, Management and nen- represented Employees. b. Pursuant to Government Code Section 54956.9 (a) to confer with legal counsel concerning the case of Orange Grove LLC (Limited Liability Corporation) v. City of Arcadia. C. Pursuant to Government Code Section 54956.8 to confer with the City's negotiator concerning price and terms of payment of a potential lease of City property at 620 East Live Oak Avenue, known as the Arcadia Par Three Golf Course which is the subject of negotiations with Mr. Mike Nix of the American Golf Corporation. At 6:04 p.m. the Council RECESSED to the Closed Ses- 7:00 p.m. sions. RECONVENED Council Chamber in the Council Chmbi ar 7-nn . m INVOCATION Reverend Mary Mitchell, The Santa Anita Church PLEDGE OF ALLEGIANCE Staff Sergeant Ed Bacon, United States Army, Retired City Attorney Miller announced the items considered at the Closed Session ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic Roncelli Excused 3. PRESENTATION of Proclamation declaring May 13, 1998 as the "Day of the Teacher ". PRESENTATION of Proclamation declaring May as Older Americans Month. 1 ACTION PRESENTATION of Mayor's Youth Service Award to Arcadia High School Principal, Martin Plourde, and students David Fanous, Ana Banerji, Nick Lamb, Bryant Romo, Pearl Leung and Delphina Yuen. PRESENTATION of Mayor's Senior Service Award to Ruth Dunlop, 4. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS. None 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. PUBLIC HEARING a. Report and recommendation to introduce Ordinance No. 2084 — Approved Franchise p Approved Franchise An Ordinance of the City Council of the City of Arcadia, California, Agrmnt. w /TCI & awarding to Cablevision of Arcadia /Sierra Madre, Inc. (DBA TCI Cablevision Introduce No. 2084, 4 -0 -0 of Los Angeles County) a seven (7) year non - exclusive franchise with a conditional three (3) year extension to construct, own, operate and maintain a cable system within the City of Arcadia, California; setting forth conditions accompanying the granting of said franchise; providing for city regulation and use of the city's public right of way; providing for other lawful regulation of the cable system; and prescribing procedures and liquidated damages for violation of the ordinance. Pub. Hrg. Closed b. Report and recommendation to approve the Sewer Master Plan (1997) Approve Sewer Master and introduce Ordinance No. 2086 — An Ordinance of the City Council Plan & Intro ,duce of the City of Arcadia, California, amending various sections of Chapter 6, Ord. 20886, Article III of the Municipal Code relating to the sewer service charge. 7. 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). Sgt. Ed Bacon 8. MATTERS FROM ELECTED OFFICIALS City Council Reports /Announcements /Statements /Future Agenda Items See Mintues RECESS CITY COUNCIL ACTION 12. CITY MANAGER a. Report and recommendation to authorize staff to fill the position of Approved 3 -1 Assistant Planner in the Development Services Department. b. Report and recommendation to enter into an agreement for exchange of Approved 4 -0 $1.5 million in Arcadia Proposition A local return funds for $975,000.00 in general fund monies from the City of Industry, and to reserve Proposition A & C funds for bus shelters, streets and roads, bus pads and the Youth Master Plan. 13. CITY ATTORNEY Report and recommendation to adopt Ordinance No. 2085, An OrdinanceAd"pted 4 -n 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. b. Report and recommendation to adopt Ordinance No. 2087, An OrdinanceAdopted 4 -0 of the City Council of the City of Arcadia, California, amending Section 4912.6.1 of the Arcadia Municipal Code providing for a temporary special event exception from the City prohibition of posting on public property. C. Report and recommendation to adopt Ordinance No. 2088, An OrdinanceAdopted 4 -0 of the City Council of the City of Arcadia, California, amending Section 8130.35 of the Arcadia Municipal Code to reduce sound attenuation standards for hotels and motels from STC -58 to STC -52. C. Report and recommendation to introduce Ordinance No. 2089 — Introduced 4 -0 An Ordinance of the City Council of the City of Arcadia, California, amending Article IX, Part 2, Chapter 6 of the Arcadia Municipal Code regarding appeal of Planning Commission decisions. 15, 9:00 a.m. ADJOURN City Council to May 12, 1998 atBQW)qXn. at the Community in memory of Gerhard Seltman at 9:02 p.m. El 0i - :�0 „T :o STAFF REPORT OFFICE OF THE CITY MANAGER DATE: MAY 5, 1998 TO: MAYOR AND CITY COUNCIL FROM: WILLIAM R. KELLY, CITY MANAGER" BY: LINDA GARCIA ADMINISTRATIVE COORDINATOR SUBJECT: RECOMMENDATION TO ADOPT ORDINANCE NO. 2087 AMENDING SECTION 4912.6.1 OF THE ARCADIA MUNICIPAL CODE PROVIDING FORATEMPORARY SPECIAL EVENT EXCEPTION FROM THE CITY PROHIBITION OF POSTING ON PUBLIC PROPERTY The City Council, at its April 7, 1998 meeting, introduced Ordinance No. 2087 amending Section 4912.6.1 of the Arcadia Municipal Code providing for a temporary special event exception from the City prohibition of posting on public property. This change was initiated by a request from the California Arboretum Foundation in an effort to make the banner approval process more convenient and faster for applicants. If this amendment to the Municipal Code is approved, the City Manager, or his designee, rather than the City Council, will be able to approve requests to place banners on public property (e.g. light poles). Also at the April 7 meeting, staff was asked to develop an administrative procedure whereby the City Council is notified of staffs approval or denial of a request and afforded the opportunity to appeal the decision. Consequently, whenever banner applications of the type referenced in Ordinance No. 2087 are processed, staff will provide information to the City Council who will then have five working days to file an appeal. RECOMMENDATION Staff recommends that the City Council adopt Ordinance No. 2087 amending Section 4912.6.1 of the Arcadia Municipal Code providing for a temporary special event exception from the City prohibition of posting on public property. Attachment: Staff report from the April 7, 1998 City Council meeting a Ordinance No. 2087 j A STAFF REPORT OFFICE OF THE CITY NIA, \AGER DATE: APRIL 7, 1998 TO: MAYOR AND CITY COUNCIL FROM: WILLIAM R. KELLY, CITY MANAGER BY: LINDA GARCIA ADMINISTRATIVE COORDINATOR SUBJECT: RECOMMENDATION TO INTRODUCE ORDINANCE NO. 2087 AMENDING SECTION 4912.6.1 OF THE ARCADIA MUNICIPAL CODE PROVIDING FOR ATEMPORARY SPECIAL EVENT EXCEPTION FROM THE CITY PROHIBITION OF POSTING ON PUBLIC PROPERTY SUMMARY The California Arboretum Foundation has asked the City to consider revising the regulations associated with the display of banners on City light poles. Specifically, they would like to see the approval process made more convenient and faster for applicants. Staff has reviewed their request and recommends that the City Council introduce Ordinance No. 2087 which amends the Municipal Code to allow staff (rather than the City Council) to approve requests to install banners on public property. BACKGROUND Sections 4912.6 and 4912.6.1 of the Arcadia Municipal Code authorize an exception to the prohibition of posting on public property to allow for the temporary posting of signs and banners for special events. The City Council may grant an exception for special events provided they meet the following general criteria: • The signs and banners commemorate a singular event of a nature that merits special consideration because of its unique character, public interest or other similar factors. • The applicant pays all applicable permit and inspection fees and shall submit, in advance, information about the size, location, materials, color and number of proposed signs /banners. • The applicant provides insurance and hold harmless protection to the City and submit$ an installation and removal plan. As a point of reference, the City receives approximately one to three requests per year for banner installations of this type. En M Califon7za A7-bm-etum Foundatz'027 ^I N010 I BAl.l)\C•1\ A\'F NI.'I•., AKA AI)IA,c.AI II t11\NIr\ I'll l'.l'I ION]- (i,26; 14 - -5`:- • l AN ;1r2i,' 44-- i71r:; BOARD OFTRUS IT.I, March 19, 1998 Thank for agreeing to forward the Foundation's request to the Arcadia a;r, l,r,,,:r, V „i,,:,1. you Kober - City Council. C ;corpe! N,h„l:, IlS Is! Vr:1 /',r,rric:: Ms. Linda Garcia ;. Low., W onc'. I1. �:� City Managers Office 2nd I'm— lr,r,:,1 ;:: hi.hard Nlrrci 240 West Huntington Drive Alcwnder U. :,t;i1a Arcadia, California 91007 ;,;,,1,111, I;o11;i,;1 permission promoting event in the same locations, with a similar design, to be hung by a city 1', curl rn: G._r '-, Dear Linda: 1 iic,n„ Ii1cn:;r On behalf of the California Arboretum Foundation, I am requesting the Council's consideration of simplifing the banner approval process by issuing H11: V;- s :t,:t %Vd :ut! a blanket permit or allowing city staff to handle the approval process. Staff at both ends would be saved time and effort. With production of an event as large and detailed as the Los Angeles Garden Show, you can imagine how grateful we would be to any simplification of process. Sincerely, udi!� orse Executive Director RV7411 al-ffl P66P& Ctiu,�•� G►��..t.�w.t rau,lt�lan /yam -lyy� Thank for agreeing to forward the Foundation's request to the Arcadia a;r, l,r,,,:r, V „i,,:,1. you Kober - City Council. ,, :rs G ilhln- "'ifs C:.lrl. W, �..:i._. Cei a I:.ti::. The California Arboretum Foundation is currently in the planning stages of `Vilham G. Hanl: Ma1rSL the 1998 Los Angeles Garden Show. For the past four years the Foundation Alcwnder U. :,t;i1a has sought to hang street and overhead banners the Timothy K.'`1:C1rthy permission promoting event in the same locations, with a similar design, to be hung by a city Mrs. A. Kint stop ,ML:Kee G._r '-, approved company. Our needs require the same documentation to be filed Mil;vT Ronan NovA from year to year with the usual presentation to the city council. ?.irk, Ton -: L. i`:nw 1 iic,n„ Ii1cn:;r On behalf of the California Arboretum Foundation, I am requesting the Council's consideration of simplifing the banner approval process by issuing H11: V;- s :t,:t %Vd :ut! a blanket permit or allowing city staff to handle the approval process. Staff at both ends would be saved time and effort. With production of an event as large and detailed as the Los Angeles Garden Show, you can imagine how grateful we would be to any simplification of process. Sincerely, udi!� orse Executive Director RV7411 al-ffl P66P& Ctiu,�•� G►��..t.�w.t rau,lt�lan /yam -lyy� reasonable conditions and specifications as deter- mined by the Public Works Director. d. No permit shall be issued until a hold -harm- less agreement and appropriate insurance are provided naming the City as an additional in- sured, as approved by the Arcadia City Attorney. e. The exception authorized by Section 4912.5 shall apply to one (1) event only for any eligible organization in any calendar year. (Added by Ord. 1979 adopted 11 -3 -92) 4912.6. EXCEPTION. TEMPORARY SPECIAL EVENT SIGNS/ PERMITS. PUBLIC PROPERTY. (a) For purposes of this Section, reference to the word sign also means banner. The prohibition set forth in Section 4912.1 is subject to an excep- tion for special events that satisfies the general criteria set forth in this section and for which special event permits are issued pursuant to the requirements set forth below. Nothing in this Section creates a vested right to any applicant or sets a precedent for special event permits. In view of the inclusive prohibition and underlying ratio- nale set forth in Section 4912 at seq. -of the Arcadia Municipal Code, the granting or denial of a special event permit is totally within the discretion of the City and is not subject to judicial review. (b) The exception provided in this section is in addition to the following three exemptions to Section 41912.1 of the Arcadia Municipal Code: (1) The allowance of holiday signs pursuant to contract, (2) The allowance of signs on the Huntington Drive Pedestrian Bridge pursuant to special per- mit and contract; (3) The over - the - street signs that are currently allowed pursuant to business license regulations as adopted by the City Council. (Added by Ord. 2004 adopted 3 -1 -94) 4912.5 4912.6.1. PERMIT REQUIREMENTS. (a) General Criteria. The City Council may exercise its discretion to consider allowance, on a conditional and limited basis, of signs and ban- ners that involve or commemorate a singular event of a nature that merits special consideration because of its unique character, public interest or other similar factors. Commercial considerations alone will not suffice to meet this criteria. (b) Application Requirements /Special Use Permit. (1) Applicant shall pay permit and inspection fees to the City in accordance with the amount set forth by resolution of the City Council for miscel- laneous work and encroachments (per Arcadia Municipal Code Section 7250 at seq.) and shall submit specific information proposing the size, location, materials, color and number of the pro- posed signs. This information shall include sam- ples as requested by the Director of Public Works. (2) Applicant must provide insurance and hold harmless protection to the City in a form and content that is approved by the City Attorney as a condition precedent to granting any permit. (3) Applicant must submit an installation and removal plan that details the installation and removal of the signs to the satisfaction of the Public Works Director. (4) Applicant shall provide any other informa- tion as deemed necessary by the Director of Pub- lic Works consistent with the need to review the request of the applicant. (c) Council Action. A completed application with the report and recommendation of the Direc- tor of Public Works shall be transmitted to the City Council for final agenda action. The City Council may grant, deny or conditionally grant a special permit for exemption from the code prohi- bition regarding signs on public property. (Added by Ord. 2004 adopted 3 -1 -94) (Chapter 9.2 of Article IV added by Ord. 1798 adopted 10- 16 -84) 176a (A :.ea s -W) Gzz o - &e v r. °R• STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT May 5, 1998 TO: Mayor and City Council FROM: Don Penman, Deputy City Manager /Development Services Director Prepared by: Donna Butler, Community Development Administrato SUBJECT: Report and Recommendation to Authorize Staff to fill the position of Assistant Planner in the Development Services Department SUMMARY The Development Services Department is requesting authorization to fill an Assistant Planner position that was recently vacated. This position is fully funded through appropriations in the 1997/98 Operating Budget and is included in the 1998 -99 budget. DISCUSSION The Community Development Division has five (5) professional planner positions including the Community Development Administrator, Planning Services Manager, an Associate Planner and two (2) Assistant Planners. On April 9, one of the Assistant Planner positions was vacated. The Assistant Planner position is critical to the operation of the Community Development Division. One Code Services Officer position was eliminated in the 1997 -98 budget reductions. As a result, in addition to the day to day development activity conducted by the department, the planners now assist the Code Services Officer in responding to code enforcement issues. The upswing in the economy has had a positive affect by increasing development activity within the City (see table below), which in turn, increases the work activity within the Division. In order to continue to process applications and plans in the same turnaround time as in the past and to maintain the current workload along with the work programs established by the Department, it is necessary to fill this vacancy. The following is a list of projects that have been processed by the Community Development Division since 1996 (calendar year). The 1998 figures are the Report re Asst Plarpw_Aq,,, May 5, T9§4 It �0� r o a Page 1 0 LoJ number of applications filed through April. As noted in this table, applications have increased each year since 1996. This list does not include day to day activities including plan checks and any special studies prepared by the Community Development Division. COMMUNITY DEVELOPMENT APPLICATIONS BURRO Conditional Use Permit 10 14 11 Zone Changes 2 1 2 Tentative Parcel Maps 2 8 8 Tract Maps 2 10 4 Text Amendments 4 4 0 Architectural Design Review 24 32 13 Sign Design Review 70 29 Modification Committee 53 55 20 PC Modifications 12 10 6 Administrative Modifications 40 42 9 FISCAL IMPACT Funds for this position have been appropriated in the 1997/98 Operating Budget and are included in the 1998/99 Operating Budget. RECOMMENDATION It is recommended that the City Council authorize staff to fill the position of Assistant Planner. Attachment: Assistant Planner Job Description APPROVED: William R. Kelly, City Manager Report re Asst Planner May 5, 1998 Page 2 r CITY OF ARCADIA W91M L!141 REVIEWED BY PERSONNEL BOARD 5110190 AMENDED BY CITY COUNCIL 6/05/90 REVIEWED BY PERSONNEL BOARD 1/10/91 AMENDED BY CITI' COUNCIL 2/5191 ASSISTANT PLANNER Under direction to perform professional level work related to planning and zoning and to perform related work as assigned. lZIMIORM-310-9 Exercises judgment in the Interpretation and application of municipal planning and zoning ordinances and codes. Evaluates, develops and implements various planning and zoning procedures. Reviews plans for compliance with zoning regulations. EXAMPLES OF DUTIES Prepare written and graphic reports on applications for development, various other planning matters and elements of the general plan. Compile information and make recommendations on special studies. Research and draft ordinances for review. Review rezoning, variance, conditional use permit, subdivision, design review and other similar planning related applications. Advise property owners and petitioners of the effect and implications of zoning and development actions. Review building plans for conformance to zoning and related ordinances. Perform field activities to ascertain compliance with zoning and related ordinances. Explain and interpret the ordinances and policies to the public. 0 Assistant Planner Page 2 M Provide technical staff support and make oral presentations to the Planning Commission and Modification Committee. Perform related duties as assigned. • - A : • . • Knowled. e of: Principles and practices of urban planning. Laws regulating general plans, housing, zoning and subdivisions. Information sources and research techniques in the field of Urban Planning. Applicable State laws including the California Environmental Quality Act. Abili to: Analyze and compile technical and statistical data and prepare basic reports. Check building plans for conformance with zoning regulations. Communicate clearly and concisely, orally and in writing. Interpret and explain basic planning regulations and zoning ordinance. Perform professional planning work with a minimum of supervision. Establish and maintain effective working relationship with other employees and the public. DESIRABLE EXPERIENCE AND TRAINING Experience: One year of professional planning experience preferably in the public sector. Education: Equivalent to a Bachelor's Degree in Urban Planning or a related field. r Assistant Planner Page 3 A combination of equivalent experience and training that would provide the required skills, knowledge and abilities. Valid Class "Y California Driver's License. " „ =•T�” MEMORANDUM OFFICE OF THE CITY ATTORNEY Date: .May 5, 1998 TO: MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY 1� ( SUBJECT: ORDINANCE NO. 2089- AMENDMENT TO MUNICIPAL CODE SECTION 9600 - PROCEDURAL REVISION REGARDING APPEAL OF PLANNING COMMISSION DECISIONS BY THE CITY COUNCIL INTRODUCTION Section 9600 of the Arcadia Municipal Code authorizes the City Council or any member thereof to appeal decisions of the Planning Commission. To maintain consistency with certain legal standards, it is necessary to amend Section 9600 of the Municipal Code as set forth in the attached ordinance. The changes involve a deletion of language and a minor change as shown on the attached. SUMMARY OF CODE AMENDMENT The basic change is to eliminate the right of appeal by the City Council as a body while continuing to maintain the right for any individual Council member. The process is renamed a "review process" while maintaining appellate procedures as the format for City Council action on items called up for review by an individual City Council member. The current code provides for appeal by the "City Council or any member thereof." In effect, deletion of the City Council while allowing any member to seek review, does not change the import of section 9600 which is the allowance of City Council review of Planning Commission decisions. This will still occur as long as any Council member has the right to seek such review. REASON FOR PROPOSED AMENDMENT The basic purpose of the changes is to eliminate any potential argument that if the "City Council" as a body makes an appeal , that action creates an appearance of bias on the part �, ^+�'R M E5 of the entire City Council. I do not believe such action makes the City Council "biased ", however, the issue has been raised in various cases (e.g. Cohan vs. Thousand Oaks, 30 Cal.App. 4th 547- 1994). The proposed ordinance amendments clarify this situation by eliminating any appeal from the Council as a body. The prerogative of an individual council member calling an item up for review would not support an argument of bias against that particular member. RECOMMENDATION Move to introduce Ordinance No. 2089 and bring back for adoption on May 19, 1998. Concurred: - nA City Manager c.Development Services Director Community Development Administrator .. 09 CHAPTER 6 E5 REVIEW OF PLANNING COMMISSION DECISIONS 9600. Notwithstanding any other Section of this Article IX, t4ie Gity Gouneil any member of the City Council thereaf may, at their own discretion and without the filing of any fee, appeal call up for reviei4) any decision or determination of the Planning Commission made pursuant to this Article within five (5) working days after the date of said decision or determination or at the next City Council meeting, whichever is later. The review process shall proceed as an appeal hearing before the City Council. 5.3D -3v ij 0Yr r* STAFF REPORT RPO1lATCD DEVELOPMENT SERVICES DEPARTMENT DATE: May 5, 1998 TO: Mayor and Council FROM: William R. Kelly, City Manager Don Penman, Deputy City Manager/Development Services DirectorC By: Michael Busch; Transportation Services Officer SUBJECT: REPORT AND RECOMMENDATION TO ADOPT RESOLUTION NO. 6048, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO FILE APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. SUMMARY Attached for the City Council's consideration is Resolution No. 6048 authorizing the City Manager to submit applications to the Federal Transit Administration (FTA) for capital assistance for replacement of Arcadia Transit vehicles. These capital assistance applications have been prepared by staff and will be submitted to the Regional Office of the Federal Transit Administration and the Southern California Association of Governments. Under these applications, the City will receive $357,138 in capital assistance. DISCUSSION As an Included Municipal Operator within Los Angeles County, the City is annually allocated a portion of funds available under the Federal Section 9 Transit Assistance Program. Among the seventeen transit operators in the County, this allocation is made on the basis of number of transit vehicles and miles operated, passengers carried and passenger fares collected. The d � � 0/ n L' �' "ACED Section 9 fund allocations available to the City for current and prior fiscal years are shown below. Allocations vary significantly from year-to-year based upon Federal appropriation levels and unallocated amounts from prior years. Fiscal Year Allocated Balance Available 1993 $84,000 1994 $72,626 1995 $113,534 1996 $88,620 1997 $95,492 1998 $150,391 Total: $604,663 Although these assistance funds may be used for either operating or capital purposes, the City has previously established a policy to utilize these funds only for acquisition and replacement of Arcadia Transit capital equipment [principally vehicles]. At the February 17, 1998 City Council meeting, the Council adopted Resolution No. 6037, authorizing the Office of Procurement, Department of General Services of the State of California to procure the replacement of seven (7) transit vehicles. Per FTA Guidelines, a second authorizing resolution for Federal capital assistance is required prior to the submission of Assistance Applications. City staff is presently preparing Assistance Applications for the replacement of three (3) 10-passenger transit buses and the seven (7) 5-passenger vehicles mentioned above. The total cost of the ten replacement vehicles (including associated equipment, tax and delivery) is presently estimated at $430,287. Under these applications, the City will receive a total of $357,138 in Federal Assistance. The City share of these procurements will total approximately $73,149, which is available from Proposition A funds presently held in the City's Transit Fund. The Arcadia Transit fleet will continue operating a total of 18 vehicles, all of which will be ADA compliant following this procurement. FISCAL IMPACT As indicated above, the City will receive $357,138 in Federal Transit Assistance under these Applications for replacement of ten Arcadia Transit • . vehicles. This amount represents almost 83% of the cost of these replacement vehicles. The remaining 17% is allocated from Proposition A Local Return funds. RECOMMENDATION IT IS RECOMMENDED THE CITY COUNCIL ADOPT RESOLUTION NO. 6048 AUTHORIZING THE CITY MANAGER TO FILE APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. Approved By: William R. Kelly, City Manager s30-3o ru.1 ./I rto ~c„,,p STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: May 5, 1998 TO: Mayor and City Council FROM: William R. Kelly, City Manager • Don Pen pan, Deputy City Manager / Development Services Director Prepared by: Michael Busch, Transportation Services Officer SUBJECT: Recommendation to adopt Resolution No.6049, a Resolution of the City Council of the City of Arcadia to approve Arcadia Transit's FY 1997-98 Proposition C Discretionary funding for Overcrowding Relief to the Transit Dependent Summary: Attached for City Council review and consideration is Resolution No. 6049, authorizing the City Manager to submit Arcadia Transit's FY 1997-98 Proposition C Discretionary funding for Overcrowding Relief to the Transit Dependent. The Memorandum of Understanding will be submitted to the • Los Angeles County Metropolitan Transportation Authority (MTA). The City will receive $14,851 in Proposition C funding in FY 1997-98. Discussion: - Proposition C is a countywide '/z cent sales tax dedicated for transportation _ services. Forty percent of the Proposition C revenues are set aside by the' MTA for discretionary uses such as bus and rail improvement programs. In March 1998, MTA approved the Bus System Improvement Plan to improve bus service on overcrowded bus systems. The Board set aside $10.4 million in Proposition C Discretionary funds for allocation to municipal operators • CASES IMAGE • based on the previously agreed upon formula allocation process. Arcadia Transit receives approximately one tenth of one percent of the formula. Fiscal Impact: As previously mentioned, The City will receive $14,851 in Proposition C Discretionary funds to operate Arcadia Transit. This amount represents less than 1 % of Arcadia Transit's FY 97-98 Operating and Capital Budget for the dial-a-ride program. These County discretionary funds relieve the City from using local Proposition A monies. RECOMMENDATION: IT IS RECOMMENDED THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 6049, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA TO APPROVE ARCADIA TRANSIT'S FY 97-98 PROPOSITION C DISCRETIONARY FUNDING FOR OVERCROWDING RELIEF TO THE TRANSIT DEPENDENT. Approved By: —IWDA William R. Kelly, City Manager d 5 2-CJ_d 3r l i! 4/6/5 Cad . °Rp°nAt$°" STAFF REPORT May 5, 1998 DEVELOPMENT SERVICES DEPARTMENT TO: Mayor and City Council FROM: Don Penman, Deputy City Manager/Development Services Director Prepared by: Donna Butler, Community Development AdministratorG�/ SUBJECT: Adoption of Ordinance 2088 —An Ordinance of the City Council of the City of Arcadia amending Section 8130.35 of the Arcadia Municipal Code to reduce sound attenuation standards for hotels and motels from STC-58 to STC-52 SUMMARY The City Council at its April 7; 1998 meeting introduced Ordinance 2088 recommending amendment of Section 8130.35 of the Arcadia Municipal Code to reduce sound attenuation standards for hotels and motels from STC-58 to STC-52. Attached is City Council Ordinance 2085: An Ordinance of the City Council of the City of Arcadia, California amending Section 8130.35 of the Arcadia Municipal Code to reduce sound attenuation standards for hotels and motels from STC-58 to STC-52. ACTION The City Council should move to adopt Ordinance 2088 as attached. Attachment: April 7, 1998 Staff report Ordinance 2088 APPROVED BY: William R. Kelly, City Manager A-1 �� �0 4,-( ao Fe- ORDINANCE NO. 2088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 8130.35 OF THE ARCADIA MUNICIPAL CODE RELATING TO SECTION 1208 - SOUND TRANSMISSION CONTROL. WHEREAS, this text change was initiated by the City at the request of Stonebridge Companies, to amend Section 8130.35 of the Arcadia Municipal Code relating to Sound Transmission Control. WHEREAS, a public hearing was held before the City Council on April 7, 1998, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council hereby finds that the revision to the building code standard of STC-58 to STC-52 provides adequate sound transmission controls for hotels and motels and better sound attenuation than,the current Uniform Building Code Requirement of STC-50. WHEREAS, the City Council determines that based upon the evidence presented, the public necessity, convenience and general welfare justifies the proposed text change. NOW, THEREFORE, THE CITY COUNCIL OF THE:CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 8130.35 is amended to read as follows: 8130.35 AMENDMENT Volume 1, Appendix Chapter 12, Division II. in the Uniform Building Code is amended to read as follows: SECTION 1208 - SOUND TRANSMISSION CONTROL 1208.1 General. In Group R, Division 1 Occupancies, other than Multi-Family Buildings as defined in Arcadia Municipal Code Section 8130.53, every wall, partition or floor-ceiling assembly, forming a separation between a hotel room, between a motel room, between a guest room, between these rooms and garages or carports, or Zc/ordstc-52 Page 1 2088 ATTACffiKENT "2" Stonebridge Companies March 2, 1998 Mr. Don Penman Development Services Director City of Arcadia • 240 West Huntington Drive Arcadia, CA 91007 RE: Stonebridge Arcadia Hotels; STC Requirements Dear Don: Upon review of Arcadia's amended building code,there is an outstanding issue which requires resolution. Arcadia's code requires partitions within a hotel to achieve a Sound Transmission Class, or STC, of 58. As previously discussed, Stonebridge believes this requirement to be excessive, and • prohibitively expensive to construct. Hilton and Marriott hotel corporations each have established acoustic performance criteria that must be met in the construction of hotels that bear their names. They place a high priority on acoustic performance and privacy for guests, as does Stonebridge. Hilton and Marriott require that interior • partitions typically achieve an STC of 52,which provides wholly satisfactory performance. This requirement is also typical of other prominent hotel brands, such as Hampton Inns, Comfort Suites, and Holiday Inns. Attached for your information are the acoustic specifications for Hilton and Marriott. In our experience,the STC required by Arcadia is unique; Stonebridge has built hotels in a wide variety of locations, and we have not encountered any other municipality with such a requirement Because of these factors, Stonebridge hereby requests a Waiver from Arcadia's code on this issue, or a change in the code to eliminate the STC requirement of 58. Time is critical in the resolution of this issue, and I appreciate your continued cooperation. Please distribute this request as required among City staff. Sincerely, /jf1 CO• .i Mark D. Lionberger, Director of Development MAR 3 12qE ATTACHMENT "1" yn;An aet Rothanv nrivo • cuito Ina • Aurora Colorado 80014 • (3031 695-7700 • Fax (3031 695-7780 600.01 SOUND TRANSMISSION CLASSIFICATION (STC) CRITERIA The following are the MINIMUM sound transmission classifications,acceptable to Hilton for the relationships indicated: Guestroornto Guestroom: Minimum 52 STC Guestroomto Condor. Minimum 50 STC Meeting Room Perimeter.. Minimum 52 STC Mechanical orLaundry Room to Guestroom: Minimum 60 STC Mechanical or Laundry Room to Meeting Room: Minimum 52 STC Mechanical orLatmdry Room to Corridor. Minimum 50 STC Extcriorto Guestroom: Minimum 52 STC** "`Note: If proximity of hotel is close to highway, airport, or other high noise areas,it is recommended to engage an acoustical consultant to analyze STC ratings ofeateriorwall assembly design. 600.02 GYPSUM WALLBOARD SYSTEMS • All partitions should be designed to meet the requirements of all governing authorities and codes with regard to fire and smoke separation requirements. 1: Metal framing shall be cold-rolled, galvanized steel studs and runners, stud gauge as required by manufacturer's products for heiFhtc and conditions of use; maximum deflection of L/240; sizes indicated. Provide double surds at all door and window jambs; double studs at all guestroom entry doors should be laterally braced at 1/4 paints vertically to reduce the risk of forced entry by doorjamb spreading devices. 2. Provide fire-rated wallboard where required by code. 3. Moisnue-resistant board or cementitious backerboard to be used as abase for all thin set tile. 4. R.gularboard: MeetingASTM C630, tapered edges. 5. Fire-retardant board: MeetingASTM C3 6,Type X or Type C,tapered edges 6. Mois ure-rac nantboard: MeetingASTM C630, tapered edges. 7. Interior=Ping board:MeetingASTM 06,thickness indicated,Regnlarand Type C Grades,tapered edges. 8. Exteriorceiling and soffit board: MeetingASTM C931,thickness indicated,rounded edge,fire andmoisture- r°sistantboard. 9. Glass-fiber-reinforced cement board: Minimum 7/16" thickness, water mistant, non-combustible, fiber- reinforeed cement boards,manufacturer's standard sizes. . 10. Joint treatment materials th ll conform to ASTM C475. Laminating adhesives shalibe of type recommended by wallboard manufacturer. 11. Suspended drywall funing system shall be heavy duty,meeting ASTM C635,galvau>ized,cold-rolled steel as manufactured by Chicago Metallic orUSG Interiors. 12. Special trim shapes hall be as manufactured by Fry Reglet,Gordon, MM Systems or Pittcon Industries,or other equivalempro ductacceptablc to Hilton;materials and finches to be selected by Architect. ]c TECHNICAL SPECIFICATIONS 600 FOR Interior Building CONSTRUCTION, SYSTEMS,AND Finishes GARDEN jNrj TEC-IN OLOGY ( ; ovyryn:1995.199x.1997.7998 Fitton Hews Csrporation 000 1 VERSION 10 ADAPTAITON ANO DIEFQRE F'""" FOR. . •. CONSTRUCTION PERIAT - • • STIPULATION FOR REUSE. • . ` THLS DRA*1• WAS PREPARED • • FOR USE ON A SPECIFIC SITE AT xxxxxxx,'xxxxxxx , • CO TEMPORANEOUSLY wtTH ITS 6SUE • • • `• • DATE ON? . L L IT. S•NOT:SUQMLE•• FOR USE OH A Dint. RENT PROJECT_STTE DR AT A LATER TIME,•USE Of .THIS Da WING'FOR REFERENCE OR.EXAMPLE.ON ANOIHOt_PROJECT • • REOUIR£S.:THE•.SENCES•OF-.PROPERLY":. • • • • UCFNSED .ARCHITECTS AND.ENCWEERS.• . • . `S REPRODUCTION OF TMS DRAIQING FOR REUSE ON ANOTHER PROJECT IS.NOT AUTHORIZED.: -• •,' AND MAY DE CONTRARY TO THE-'A- , ;. .' _, • • • I . •. , ,ar iott SUITES . . . • . . . . .• ••_.. . • • PROTO 80/ 102/1.:20 PARTITION TYPES - AND . • -.. " - • RATED ASSEMBLIES • : • • • • xx • ARCHITECT OF RECORD . - JOB NUMBER • DESIGNED BY: • I . DRAWN BY: .. •APPROVED ?Y: • i - DATE: 2/12/97 • • 4 o • i PARTITION TYPES 1 • I L EtitBLY I ACOUSTICAL SEALANT r• TOP & BOTTOM j ►"'" �� 5/6" TYPE. X GYPSUM I ►� BOARD ON RESILIENT �� CHANNELS (4 24" O.C. } . �� 3 1/2" SOUND ATTENUATION ` �� INSULATION l 2X6 WOOD STUDS AT 15' O.C. ►ii (IN LIEU OF WOOD STUDS, USE I �i 6" LIGHT GAGE STRUCT. METAL STUDS I AT TYPE 1A. VERIFY WITH STRUCT. ENGINEER I .� FOR BEARING CONDITIONS). sol• - == �I 5/3" TYPE X GYPSUM late:41411 BOARD (MOIST URE RESISTANT @ BATHROOMS AND POOL) Os . CORRIDOR SIDE • • od SEALANT BOTH SIDES a • ri1 HOUR RATED PARTITION 1A FIRE RATING: GYPSUM ASSOCIATION FILE NO. WP3230 SOUND RATING: S T C 50-54 I • • • �i FLOOR/ CEILING OR ►� ROOF/ CEILING ASSEMBLY unroll ACOUSTICAL SEALANT iiTOP & BOTTOM 5/8" TYPE "x' �= 5/8" TYPE "X" GYPSUM GYPSUM BOARD BOARD ON RESILIENT (MOISTURE RESISTANT �4111 CHANNELS 0 24" O.C. 0 BATHROOM AND POOL) �C 1. .• 3 1/2- SOUND' ATTENUATION ►� INSULATION 2x4 WOOD STUDS ® 16- O.C. wo- 1011 OOP Ole =� a. OOP } . ►�►S�►1 t i o� SEALANT BOTH SIDES / 3 1 HOUR RATED PARTITION FIRE RATING: GYPSUM ASSOCIATION FILE NO. WP3232 SOUND RATING: STC 50-54 facsimile TRANSMITTAL TO: Arcadia Economic Development, atx:Pete X innahan FAX#: (626)447-3309 RE: Arcadia, CA Fairfield Suites; Hilton Garden Inn DATE: March 10, 1998 PAGES: 3, including this cover sheet. Pursuant to your discussion with Gary Rohr yesterday,please find attached a cost evaluation of the difference in cost between constructing STC 52 partitions and STC 59 partitions within the Fairfield Suites and Hilton Garden Inn. Based on the estimate developed by our general contractor, there is a differential cost of S1 L25 per linear foot of partition. Multiplied by the ling footage of partitions within each project, the total cost for upgrading to STC 59 partitions is S193,961. As rn oned,this is a sipnincant cost increase which we feel is unnecessary, and we are most interested in resolving this issue. Please call with any questions you may have. • From L9e desk of._ Mark D.Lionberner Director of Deve1 Wnent Sianebnoge Companies 2575 So.Uri ve— y Brve...See.D-270 Denver.CO&7210 303)696-7730 Fa (3C3)696-77B0 • s STERLING CONSTRUCTION, INC. Dron II/Metal Studs PROJECT 09250 LOCATION SCOPE CHECKLIST STERLING BUDGET ESTIMATE QUANTITY UNIT RATE TOTAL _ 2 x 4 wood stud walls _, 100 hill $ 24,00 $ 2,400,00 I Ioilaonlol channels (4on) 900 sgfl ; 1,75 _$ 1,575,00 — i.:T typo x(screwod) 000 sglt $ 0.60 $ _540.00 • F 5/0 typo x(lamInalod) 000 sgll $ 0.75 $ 075.00 __, '"sound blorikols 000 salt S 0.25 `$ 225.00 _ 1 5111 pe x(nnlled) — 900 salt $ 0,00 $ 540.00 1R tinned(nnllod) 900 I� sgfl ,3 0.50 $ 450.00 ^ 1/4 typo x(milled) 000 sgll $ 0.50 $ 450.00 $ 0,855.00 ` 2 x 4 wood stud walls 100 Inn $ 24.00 $ 2,400,00 ~_ IIorizontnl channels(400) 000 _ syfl , $ 1.75 $ 1,575.00 2 5/0 typo x(sot owed) 900 Nil $ 0,00 ; 540.00 2"sound blankets U00 sgfl $ 0.25 $ 225.00 _ - _- 5/0 typo x(nallod) _ 900 salt $ 0.00 3 540.00 _ 1/2 nulled (milled) 900 41 $ 0.50 S 450,00 $ 5,730.00 $ 11.25 — Illllorn 7900 Intl j________11_25-__ $ 89,040.00 ✓ Felillold 9,273 lull $ 11.25 $ 104,321,00 $ 103,901,00 _ 1 LINE ITEM 09250 Pogo I of 1 • .•1 1C, r • 1 1 , rte' 1. 2 - 3. 4. 5. 6. 7. 8• 1. 2 x4 studs, 16' o.c_ / / / 2. resilient channels, 24' o.c. l / J 3. 516"type x gypsum board screwed, 12"o.c. ,� �,�;� ,�,:;;.�,;, ,;:J,,.,; _,•••-•., 4. 5/8"type x gypsum board spot-laminated, 12" o_c. (Ia�.�i��� �i���.���11 �111� 5. 2"thick sound attenuation blanket •11, �(•••••lN •1*111fr1•�• 6, 5/8"type x gypsum board nailed with 5d nails, 32" o.c. - -- - -- - AIIIIII 7. 1/2-type gypsum board ype X gyps m nailed with 8d nails, 12" o.c. m-- • .--.. ••---- S. 1/4"type x gypsum board spot-laminated, 12"o.c_ California Office of Noise Co • o!-STC 59-S•ction Number 12.2.5.5.3 1. 2. 3_ 4. 5. 6_ 7. 8. 1. 2x4 studs, 15'c.c. / / / / / / I / 2. resilient channels,24" o_c. _ I / / / f 3. 5/8"type x oypsum board screwed, 12'c.c._ 4. 5/8"type x gypsum board spot-laminated, 12"c.c. ►►��_����ss - '7�i�71Z Iii Nr/�grj-76 :,f`1��1���•�1��1 5. r thick sound attenuation blanket n� r 6. 5/8"type x gypsum board nailed with SC nails, 32"D.C. 7. 12" type x gypsum board nailed with 8d nails. 12 o.c. ' _ 1 8. 318"type x gypsum board spot-laminated. 12"o.c. California Office of Noise Control-STC 61 -Section Number 1.2.7-5-5.4 1. 2. 3. 4. • - . / f / I i -- 1. double row of 2x 4 stints, 16"o.c. on separate • • pPlirfrOWO,WOVA 0 0, r.F E �. plates spaced 1"apart I / 4 4 j 4 4 2. S•B"type x gypsum board screwed 12 c.c. Os WM. 3. sound attenuation blanket 4. 6"sound attenuation blanket California Office of Noise Control -ETC S9-Section Number 124.155 ACCEPTABLE SOUND WALL CONFIGURATIONS FOR COMPLIANCE WITH ARCADIA'S ADDITIONAL REQUIREMENTS FOR MULTIPLE FAMILY BUILDINGS S .tilt• i A' � CI RAORASO STAFF REPORT May 5, 1998 DEVELOPMENT SERVICES DEPARTMENT TO: Mayor and City Council FROM: Don Penman, Deputy City Manager/Development Services Director' Prepared by: Donna Butler, Community Development Administrator SUBJECT: Adoption of Ordinance 2085—An Ordinance of the City Council of the City of Arcadia 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. SUMMARY The City Council at its March 17, 1998 meeting approved Text Amendment 98-001 and introduced Ordinance 2085 proposing changes to 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. Attached is City Council Ordinance 2085: An Ordinance of the City Council of the City of Arcadia, Califomia 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. • ACTION The City Council should move to adopt Ordinance 2085 as attached. Attachment: March 17, 1998 Staff report Ordinance 2085 APPROVED BY: 1 "► Li"R �L�, William R. Kelly, City Manager r ° °"•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 Administrator / SUBJECT: Consideration of Text Amendment 98-001 and Introduction of- Ordinance 2085, 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 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/TA98-001 cc report CC Report T.A. 98-001 March 17, 1998 • Page 1 • •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 the 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. csD/TA96-0Olccreport CC Report.T.A. 98-001 .. March 17, 1998 Page 2 • 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) Signape, 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: Y e ar. (See page 8, Exhibit 1) { • The time eriod 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) CBDrrA98-o0lcaeport 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 98-00. 1 . as proposed_ or as .amended_by Council and _Introduce Ordinance. 2085 as follows: - . . . . - ._ . • csDrra9B-001ccreport 1 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: , /1. J // I illiam R. K-'1y, City Manager CBD/TA98-001ccrepo►t 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 stFikethfoug14. 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 TA98-001 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 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. Bather, 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 r. _ _ 11. Copy Centers (not including commercial of set printers), 12. Delicatessen shops • • ' 13. Department stores - 14. Drug Stores . . . • 15. Floor covering/drapery stores ._ : 16. Florist shops 17. Furniture sales or rental stores 18. Hardware sales or rent.,! etoroc 19. Interior decorating stores 20. Jewelry stores TA9a-001 cagy Revisions 3-10 Text Amendment 98-001 3/17/98 Page 2 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 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 - - - -- - - - - - - - -- - - -eating-for up up to 12 persons subject to C.U.P. 31. Shoe repair 32. Saddlery shops 33. Sporting goods stores 34. Tobacconist/Cigar Shops 35. Tailor, dreDsmaking shops 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 have 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. TA96-001 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Page 3 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 - - - - -- --- - - - - - - -" - 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: • TA98-OD1 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Page 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 =- - = - =-- - -- -, =- - = 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 L.- - --- - - - -- - - - - - - - - - - - - -2 shall have a weighted base capable of keeping the sign upright in a moderate wind. A-€came 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; _ = = j 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 constructed of - -- -- - -= - - - -- - _- '_- -- = - = - - Signs that are not'maintained shall be. removed immediately upon notice from the Development_• Services Director or designee; _ TA98-OD1 CBD Revisions 3-i0 Text Amendment 98-001 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 maybe located within the public right-of-way:, No business shall be allowed to have more than.one portable:sign;::' ".' 3,,F Portable signs may have a maximum sign`area of six (6i-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 min. in.irrium 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 TA9B-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; 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 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 9252.4.3. 1h the C-1 zoning iegulatiions shall be amended to read: • TA98-O01 CBD Revisions 3-i0 Text Amendment 98-001 3/17/98 Page 7 "Advertising signs such ac "A" frame cigns, eigno 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. sign permit shall be obtained from the Building Departnent 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." Temporary,,Banners not-exceeding 32 sq. ft. are allowed for a,'maximum of thirty (30) cumulative-days per calendar:year... It is recommended. tf t: 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 banners is,displayed. The following are proposed changes to the Temporary Banner regulations. _"9262.4.13: TEMPORARY BANNERS - Definition: A temporary banner is a sign a is constructed of pliable' materials such as canvas, fabric, vinyl plastic or similar materials which will withstand TA98-O01 CBD Revisions 3-10 - Text Amendment 98-001 3/17/98 Page 8 l i I 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 wing Dircctor 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 Dircctor 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. - - TA98-OD1 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Page 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=0" 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 t1ses merchandise shall be rested 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. . display/eale „of_ se, net. generally in conjunction with antique shops and flower chops located on Huntington Drive and First • - - _ - -- __ - , -- -- - =- - = - - - : --- - - - = - - - -=- 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 inc. ncluding 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... ti 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: TA9&-001 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 should 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 w indow area • including any existing permanent window signs. Banner signs should not cover any portions of windows or doors rigid frQmos on,of least-2-side. 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. 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 TA9B-0D1 CBD Revisions 3-10 Text Amendment 98-001 3/17/98 Page 11 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. 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Butler Administrator RE: Meeting 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 cur rer_t ..commercial zoning has adversly affected our sueeessfuly leasing vacant space in a PRIME Arcadia loc- ation. - This in turn is proving a hardship on .us as pro- perty owners in the area and likewise our Tenants who are trying to improve their business, but are neg- ately impacted by long: standing vacances . We therefore, wish to cast our vote towards recom- mending that the City Council remove retail requirements from the C B D Zone regulations . - This we hope for ..a , change that would prove productive for all' concerned'. . - - Respectfully, 4Ir , ames J. _adell l `J P.O.BOX 29506•Los Ange1e. ,Calif.,90029•Ti e 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 professional, 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 i i 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 1 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 Swofford has written the City. The reasoning for the above request is 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 • � ,f y A Faye B. Stabler • Owner, 32 and 34 E. Huntington _ f {AGUES Ltf.CI I,c i I:. 92652 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 dovinLown as a vibrant, dynamic, attractive and wholesome 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. The losses impact both the City and the property ownerships and tennancies . It impacts the owners such as me in lowering the value of my properties , having , realistically, an extremely high vacancy rate, and diminishing the ability to economically afford the 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 Ind desire . )ne of many alternatives would be to institute a process much Simpler 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 .ntended location . A committee or a reviewing authority within he City Administration with waiver authority could be :onsidered. Safeguards against abuse such as requiring a review -uthority could also be used. sincerely hope that you seriously consider the above entreaty nasmuch as I suffered both pecuniary loss and considerable work .nd difficulty over the years due- to the catagorizations . hank you. es Ctfully submitted, ' _ l - .._• 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 1 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 having all "Retail" and being restricted to who I can rent my building to. Unless the City of Arcadia would like to pay my 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, Margaret Warner • 3y } ORDINANCE 2085 . . 6 vo Vp r ;'• . ,JR , " 'Pram lir x .46:‘,,,:,: t ,, , , ,; ®rcu 'II €�v®/::pnw agency May 5, 1998 TO: Chairperson and Agency Board FROM: iDon enman, Deputy Executive Director By: �1"Peter P. Kinnahan, Economic Development Administrator repared by: Dale R. Connors, Redevelopment Project Manager RE: Report and recommendation to approve design review for the property at 29 E. Huntington Drive (formerly Steerburger Restaurant) BACKGROUND INFORMATION Work Proposed: Interior and exterior remodel of 29 E. Huntington Drive (Att. No.1). Applicant has proposed to make substantial modifications to the existing structure. The building will be divided into 1,420 square feet of retail space on Huntington Drive and 2,700 square feet of medical office space. The project includes a total of approximately 1,600 square feet of new building area. Most of the new construction will be located at the north end of the building. Additionally, the existing building facades (north, south and east) will be rehabilitated with substantial improvements. The Applicant has applied for financial assistance through the Agency's Commercial Facade Rehabilitation Program (CFRP). Agency staff has informed the Applicant that projects are eligible for reimbursement only for work done on existing facades and wall faces, awnings, signs and specified on-site work. Funds are not eligible for new facades created by the addition of new square footage or for interior work such as walls, fixtures, or tenant improvements. The exterior improvements are the focus of this design review and will be discussed in detail below. LASER IMAGED Applicant: Dr. and Mrs. Hanfu Lee Location: 29 E. Huntington Drive (Location Map, Attachment No. 2) Existing Land Use: Currently vacant. Former location of the Steerburger Restaurant Existing Zoning: CBD (Central Business District) General Plan Designation: Commercial Redevelopment Plan Designation: CG (Commercial General) Surrounding Land Uses: North: Public - Parking District No. 2 and U.S. Post Office South: Commercial - H&R Block, Arcadia Fast Print East: Commercial Office - Law Offices West: Commercial Office - Cellular Phone Company Site Area: 7,000 Sq. Ft. Frontage: South: 50 feet on Huntington Drive North: 50 feet facing Parking District No. 2 and alley Parking Provided: 3 Standard provided 1 Disabled provided 4 Spaces provided (Total) 3 Spaces allotted in Parking District No. 2 7 Total spaces applied toward code requirement Parking Required: Option One Option Two Retail 6 Coffee Bar 11 Dental 16 Dental 16 Retail Tot. 22 Coffee Bar Tot. 27 The Applicant is currently considering two different uses for the Huntington Drive "retail" portion of the building. The first is a typical retail user while the second calls for a coffee bar tenant (i.e., restaurant) to occupy the space. Each have different parking requirements. The retail option will require the Applicant to obtain a 15 space Modification while the Coffee Bar option will require a 20 space Modification. This Modification will be processed through the Planning Commission. PURPOSE OF DESIGN REVIEW The purpose of the Agency's review is as follows: 1. To give the Agency the opportunity to determine if new private projects are in conflict with any Agency projects which are being considered or developed in the same area. 2. To provide the opportunity to incorporate the private project with an Agency , project and/or to eliminate or to mitigate any conflicts at the earliest stage of the design process. 3. To afford the Agency an opportunity to review the preliminary architectural plans of private projects to insure that these projects are not so out of character with the area as to be a hindrance to future development. The Agency's actions do not supersede Building or Zoning Regulations. Such regulations must be complied with unless modified in accordance with the procedures set forth in the Arcadia Municipal Code and need not be considered by the Agency as part of this review. ANALYSIS A. Design Features A Color and Materials Board, as well as colored building elevations, have been provided by the Applicant. They are available for review in the Economic Development Office and will be on display at the Agency meeting of May 5. The Applicant proposes to make substantial changes to the appearance of the structure. The current structure features flat surfaces on all sides (brick veneer and stucco) and an uninteresting flat roofline. The new design provides major building articulation through use of a variety of materials (landscaping planters, shake roof tiles, facia board, stucco plant-ons, exterior fixtures and new window openings). The proposed Huntington Drive elevation represents a major improvement over the current architectural theme. The current storefront is a typical downtown "bar" facade with a flat, brick veneered surface and no window openings. The Applicant proposes to rehab this elevation with more inviting and traditional retail design elements. The new facade will feature three entrances (two for the retail sales area and another on the east for the dental offices), new window openings (trimmed in dark blue) adjacent to the retail entrance, two foot high landscaping planters and a sloped dark gray cedar shake roof. Wall surfaces will be blue-gray stucco with white and dark blue trim accents. The proposed changes to the rear of the building are similar to the front (window openings, dark gray shingle roof, blue-gray stucco walls with white and dark blue trim and facia boards, and landscaping planters). The eastern elevation is immediately adjacent to a newly installed storm drain and pedestrian access easement connecting Parking District No. 2 and Huntington Drive. This easement was granted during the Downtown 2000 Streetscape Project by the former owner in exchange for the Agency installing a storm drain to relieve localized seasonal flooding in the area. Because of the easement (and the prospect of future foot traffic) care has been taken to include architectural detail on the eastern facade. This detail includes new window openings, door openings and facade articulation. Landscaping has been included in planters near the rear entry. The former Steerburger restaurant has posed unusual redevelopment problems for the Lees since they have had to continue a retail use in the front one-third of the building as required by the CBD Ordinance, and "blend" this use with their dental office in the rear. Staff believes that this project represents a major upgrade to a high profile downtown property. As commercial activity in this area increases, this property (adjacent to the pedestrian walkway) will become increasingly visible and important to the public's perception of Arcadia's downtown. The Lee's should be commended for their willingness to invest in downtown. B. Staff Conditions of Approval • Historically, storm water has flowed from the north and west across the rear parking area of this property. This has sometimes caused flooding to occur in the building to the west and through the pedestrian walkway along the eastern edge of the subject property. The installation of the storm drain system through the pedestrian easement area during the Downtown 2000 Project has successfully abated much of the flooding concerns. However, the Applicant's proposal to extend the building to the north will disturb the,current sheet flow of water across their rear parking lot. Without deliberate measures being taken by the Applicant, significant ponding of storm runoff could occur immediately west of the subject property, possibly causing damage to both the Applicant's and the neighboring property. Due to the flooding potential in this area, the Applicants shall construct a sump pump to handle the flow from a 50 year flooding condition. This method shall be a private facility whose a . maintenance shall be the responsibility of the property owner. The final design shall be subject to review and approval by the Development Services Department prior to issuance of a building permit. • Applicant shall provide timer controlled safety lighting along the passageway on the eastern building facade. Lighting specifications as well as hours of operation shall be subject to review and approval by the Development Services Director prior to issuance of a building permit. ENVIRONMENTAL FINDINGS The Comprehensive Downtown 2000 Business Incentive Program, which includes the CFRP, was assessed by The Planning Center (TPC) in 1996. Based upon their analysis, a Negative Declaration was adopted which covers all Applicants taking part in the CFRP. A copy of this report has been transmitted to the Applicant. RECOMMENDATION That the Arcadia Redevelopment Agency approve this Design Review subject to the departmental conditions above. Approved: ""� William R. Kelly, Executive Director Attachments: 1 . Plans for 29 E. Huntington Drive 2. Location Map LOCATION MAP II J WHEELER AVE\ 1 - ci Park i ng D i str i ct No.2 QM c D Scale - 1" :80 ' -H D C ICI Dr"and Mrs.Lee's Property C 29E.Hunt ington C � HL\T \GTD\ 3R VI 0