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HomeMy WebLinkAboutItem 1b: ARA Resolution 231 Regarding Use and Design Requirements and Guidelines in the Central Redevelopment Project AreaDATE: April 6, 2010 TO: Chairman and Members of the Agency Board STAFF REPORT Arcadia Redevelopment Agency FROM: Jason Kruckeberg, Assistant City Manager /Development Services'ScK- Director By: Jerry Schwartz, Economic Development Manager ,i11.5 SUBJECT: ADOPT ARA RESOLUTION NO. 231 AMENDING ARA RESOLUTION NO. 172 REGARDING USE AND DESIGN REQUIREMENTS AND GUIDELINES IN THE CENTRAL REDEVELOPMENT PROJECT AREA Recommendation: Adopt Resolution No. 231 SUMMARY The Redevelopment Plan for the Central Redevelopment Project Area includes a provision allowing the Agency Board to be more restrictive in the uses allowed in the project area than the Zoning Code for that area. Since the project area was found to be blighted to be included in redevelopment, restricting uses that could be blighting influences and insisting on high quality development was an important decision that has been one of the catalysts for the success of the project area. BACKGROUND To implement this provision for restricting uses in the Central Project Area, the Agency passed Arcadia Redevelopment Agency Resolution No. 172 (ARA 172) on January 19, 1993. ARA 172 established "use and design requirements and guidelines" in the project area. ARA 172 included a list of "Inappropriate Uses" which were deemed to be undesirable in the project area. When ARA 172 was adopted, there were still large portions of the project area that had not been redeveloped. The list of inappropriate uses reflected the importance of controlling the uses in these areas so that the Agency's success to that point would not be undone and available sites could be developed with revenue and job generating uses. DISCUSSION While ARA 172 restricts uses in the project area, it does provide an option for applicants. They can apply for a waiver of the use restriction, and these requests are considered by the Agency Board on a case by case basis. Recently, the Agency approved a waiver to allow a dance studio to open on First Avenue near Santa Clara Street. It has also approved a waiver to allow auto parts storage in conjunction with new car sales. ARA 172 has not been modified since its passage in 1993. There are many uses in the City and in the project area currently that were not part of the commercial landscape at that time. One example is the personal services uses that were discussed by the Council at the March 2 meeting. Another example is tutoring centers, which are common today but were not when ARA 172 was developed. Staff completed a comprehensive look at ARA 172 and considered uses that might be added or removed from the "Inappropriate Uses" list. Attached to the proposed Resolution No. 231, which is included with this Staff Report, is a table that outlines the original list of "Inappropriate Uses" in ARA 172 from 1993 in the left column, and the proposed revisions, as part of ARA 231 including uses that would be added, removed, or consolidated in the right column. For example, a use that is proposed to be added is tutoring centers which in many cases tend to act more as after school care than educational facilities. Two uses that are proposed to be removed from the list are dance studios and martial arts studios or academies, both of which can bring energy into the downtown and increase the customers at surrounding businesses. Examples of consolidating uses include the proposed creation of a single category for auto related uses, and consolidating certain uses to a new category called "Personal Services Uses ", which would also add some uses that were not originally part of ARA 172. Personal Service Uses include day spas, salons, massage uses, nail salons, and acupuncture. These uses were excluded from the Project Area through an earlier vote of the Agency Board on March 2, 2010. Another anomaly in the Resolution is the current prohibition on "Fast Food Restaurants ". Staff proposes that all restaurants be allowed, with the exception of those with drive through windows. These proposed revisions reflect the development pattern of the project area, which has only a handful of small vacant sites, and is mostly experiencing new tenants in existing commercial spaces. Per Section 424 of the Central Redevelopment Plan, modifications to the allowed uses in the project area, which ARA 172 reflects, can only be considered in a public hearing after notice in the newspaper for two successive weeks. Notice of this hearing was published in the Arcadia Weekly on March 25 and April 1. In order to reach more business and property owners regarding these proposed changes, notice of this hearing was also published in the Pasadena Star News on March 25 and April 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed revisions to ARA 172 will not have any environmental impacts because they will not impact any existing uses. As a result this action is not a project under CEQA per section 15061(b)(3) of the CEQA guidelines. Specific applicants may be required to provide CEQA documents as part of their efforts to locate in the Central Redevelopment Project Area. ARA Staff Report April 6, 2010 Page 2 of 3 FISCAL IMPACT There is no direct fiscal impact. By restricting "Inappropriate Uses ", the Central Project Area should benefit through stronger property values over the longer term because of a more attractive mix of uses. RECOMMENDATION That the Redevelopment Agency Board adopts Arcadia Redevelopment Agency Resolution No. 231 modifying the Inappropriate Uses for the Central Redevelopment Project Area provided in ARA 172. Approved: Donald Penman, City Manager /Executive Director ARA Staff Report April 6, 2010 Page 3 of 3 RESOLUTION NO. ARA 231 A RESOLUTION OF THE ARCADIA REDEVELOPMENTAGENCY AMENDING RESOLUTION NO. ARA 172 ESTABLISHING REVISED USE AND DESIGN REQUIREMENTS AND GUIDELINES FOR THE CENTRAL REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Plan (the "Redevelopment Plan ") for the Central Redevelopment Project Area (the "Project Area "), first approved on December 26, 1973, provided the Agency with the ability to create design and development controls necessary and proper for both private and public areas of the Project Area (Section 424) and that those design standards could be more stringent than those in the City of Arcadia Zoning Ordinance; and WHEREAS, the Redevelopment Agency Board has utilized the standards described in Section 424 of the Redevelopment Plan in the approval and implementation of Agency Resolution No. ARA 172 ( "ARA 172 "), adopted on January 19, 1993, and which included a list of "Inappropriate Uses" in the Project Area; and WHEREAS, ARA 172 was adopted because the Agency Board desired to encourage and facilitate the establishment and growth of high quality retail outlets, stores and restaurants, professional office uses and industrial uses in the Project Area, and because it desired to discourage unattractive, incompatible, and non - harmonious uses, materials, colors, lights, signs, landscaping, architectural designs and treatments; and WHEREAS, ARA 172 was intended to restrict inappropriate uses that could cause blight or detract from the reputation, market acceptance, security, attractiveness, and image of the Project Area; and WHEREAS, the policies in ARA 172 have contributed to the successful development in the Project Area, bringing in new jobs, sales and transient occupancy taxes, and opportunities to shop and dine; and 1 WHEREAS, the Agency Board desires to continue the use restrictions in ARA 172 in order to maintain uses which to contribute to the Project Area and the City; and WHEREAS, the inappropriate uses list in ARA 172 has not been modified since its original adoption in 1993; and WHERAS, the Agency Board, at its March 2 meeting, approved adding Personal Service Uses to the "Inappropriate Uses" list, which includes day spas, salons, massage uses, nail salons, and acupuncture; and WHEREAS, an updated list of "Inappropriate Uses" is attached as part of this Resolution and would supersede the list of "Inappropriate Uses" in ARA 172; and WHEREAS, the Agency has published notice and has conducted a public hearing concerning the proposed adoption of this Resolution and guidelines pursuant to Section 424 of the Redevelopment Plan, and has duly considered all evidence and testimony submitted to the Agency at the public hearing; and WHEREAS, the Agency has adopted a program Environmental Impact Report ( "EIR ") on November 20, 1973 at the time of the establishment of the Central Project Area, and has adopted a program EIR on May 5, 1981 at the time of the amendment of land uses east of Second Avenue to (Commercial) Planned Development, and the City Council has adopted a Negative Declaration on June 17, 1986 for Ordinance No. 1883, a zone change adopting architectural and land use standards for a portion of the Project Area, and an Initial Study and Negative Declaration was prepared for the adoption of ARA No. 172 in 1993. The Agency has further determined that the adoption of this Resolution is not a project under CEQA per Section 15061 (b) (3) of the CEQA guidelines; and 2 WHEREAS, the Agency incorporates by reference herein the recitals set forth in ARA 172 to the extent they are not inconsistent with the foregoing recitals set forth in this Resolution. NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Agency finds that the revised list of "Inappropriate Uses" attached hereto as Exhibit "A" and incorporated herein by reference, is reasonable and necessary in order to eliminate blight and to facilitate and encourage the development objectives of the Redevelopment Plan. In particular, the Agency finds that without the revised list of "Inappropriate Uses ", there will likely be developed in the Project Area a haphazard and inconsistent mix of uses which promotes blight and discourages investment in real property and redevelopment activities. The Agency further finds that the needs of the community would be adequately served by the location of certain uses, described in the revised list of "Inappropriate Uses ", in other more suitable areas within the City, since (a) the Project Area constitutes merely a small area within the City (b) other areas of the City generally do not contain the blighted conditions which caused the need for adoption of the Redevelopment Plan for the Project Area, and (c) there is sufficient demand in other areas of the City for such uses to be located in those areas. SECTION 2. The Agency hereby amends ARA 172 by adopting the revised list of "Inappropriate Uses" attached hereto as Exhibit "A ". The Agency further requires that any and all development, redevelopment, and rehabilitation, repair, alteration, construction or reconstruction of structures within the Project Area be undertaken and completed in conformity with the revised list of "Inappropriate Uses ". A copy of the revised list of "Inappropriate Uses" shall be forwarded by the Agency Secretary to the City's Planning Department and Business 3 License office for their reference and use in considering applications for permits and approvals pertinent to the Project Area. In all other respects, not inconsistent with this resolution, the Agency reaffirms and continues in full force and effect, ARA 172 and the Use and Design Requirements and Guidelines attached hereto. SECTION 3. The Resolution shall take effect upon adoption. SECTION 4. The Secretary shall certify to the adoption of this Resolution. ATTEST: Passed, approved and adopted this Secretary Arcadia Redevelopment Agency APROVED AS TO FORM: Stephen P. Deitsch Agency Counsel 4 day of , 2010. Chairman Arcadia Redevelopment Agency CURRENT INAPPROPRIATE USES UNDER ARA 172 CHANGES /ADDITIONS UNDER ARA 231 Pawn Shops Flea Market or Second Hand "Swap Meet" or Surplus Stores Second Hand or used merchandise stores Antique stores, if merchandise is less than 100 years old Remove from list Laundromats Thrift Stores Bail Bonds Offices Dance Studios /Halls Remove Dance Studios only (keep Dance Halls) Karaoke Bars or Halls Modeling- Agencies Palmistry, Fortune Telling Astrology, Psychic Beauty College Acupressure Studios or Facilities Move to: Personal Services Uses Category Electronic and /or Video Game Arcades, Pinball Arcades Hot Tub /Suntan Facilities Automobile related uses except sale of new, or used cars in connection with the sale of new cars Add: This includes, but is not limited to: Auto Service or Gas Stations, Tire and Battery Shops, Muffler Shops, Coin Operated and Automatic Car Washes, and Automobile Storage Garages. Auto Service or Gas Stations Combine above - remove as individual listing Tire and Battery Shops Combine above - remove as individual listing Muffler Shops Combine above - remove as individual listing Automobile Storage Garage Combine above - remove as individual listing Fast food restaurants, except where such are included and incidental within an office building, and which do not contain drive- through service Allow fast food or take out restaurants that do not have a drive -thru; Continue to disallow any restaurant with a drive -thru Drive -In Theaters Bars and Cocktail Lounges, except in conjunction with a bona fide dinnerhouse restaurant Add: or "sit down" after " dinnerhouse" ARA 172 INAPPROPRIATE USES (AS REVISED) EXHIBIT "A" CURRENT INAPPROPRIATE USES UNDER ARA 172 CHANGES/ADDITIONS UNDER ARA 231 Coin - operated, self- service dry cleaning machines Frozen foods locker Mortuaries Sanitariums Bath - Turkish and the like Churches Coin - operated and automatic car washes Combine above as part of Automobile related uses - remove as individual listing Storage garage Upholstery Shop Utility Trailer and Truck Rental Yard Pool or Billiard Halls Martial Arts Studios or Academies Remove from list Billboards advertising products not identifying a use on premises Change to all billboards Any operation (for industrial areas) primarily used as a distilling, refining, smelting, agricultural or mining operation Check Cashing Service Nail Salons Move to: Personal Services Uses Category Massage Parlors Move to: Personal Services Uses Category Stores selling liquor for off - premise consumption, except as part of a comprehensive development plan of at least 40,000 sq. ft. Convenience Stores Ambulance Services Bowling Alley Gun Shop Heavy Machinery Rental Add Tattoo Parlor Add Tobacco /Cigar Shop Add Tutoring Centers Add Personal Service Uses Category, including, but not limited to: Day Spas, Hair Salons, Nail Salons, Massage Uses, Acupuncture businesses, and Acupressure Facilities ARA 172 INAPPROPRIATE USES (AS REVISED) EXHIBIT "A"