HomeMy WebLinkAboutItem 3e: Determination about Day Spas, Salons & Other Personal Uses as Inappropriate Uses within Central Redevelopment Project Area Pursuant to ARA Resolution 172P!' 1 1
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STAFF REPORT
DATE: March 2, 2010
TO: Chairman and Agency Board Members
FROM: Jason Kruckeberg, Development Services Director 5L,
Arcadia Redevelopment Agency
SUBJECT: DETERMINATION OF WHETHER DAY SPAS, SALONS, AND OTHER
PERSONAL SERVICE USES ARE INAPPROPRIATE USES WITHIN THE
CENTRAL REDEVELOPMENT PROJECT AREA PURSUANT TO
RESOLUTION NO. ARA 172.
BACKGROUND
Arcadia Redevelopment Agency Resolution No. ARA 172 (ARA 172) was adopted by
the Agency Board /City Council on January 19, 1993. ARA 172 establishes certain use
restrictions and design requirements for the Central Redevelopment Project Area that
impact all properties within the Area. Included within ARA 172 is a list of "Inappropriate
Uses" which the Agency will generally not approve because they are considered
incompatible with the goals and intent of the Project Area. Recently, there has been a
proliferation of applications for personal service uses submitted for the Project Area.
This includes day spas, salons, acupuncture businesses, and the like. ARA 172
includes similar uses on its list of "Inappropriate Uses" and states that the Agency will
generally not approve anything determined to be similar in character. The requested
action is that the Agency find these personal service uses to be inappropriate in the
Project Area.
DISCUSSION
Recommendation: Determine these Uses are Inappropriate
The stated purposes of ARA 172 include the desire to eliminate blight in the Project
Area, to encourage and facilitate the establishment and growth of high quality retail
outlets, stores and restaurants, and professional office uses, and to discourage
unattractive, incompatible and non - harmonious uses. The restrictions of ARA 172 are
supplemental to the Zoning Code. The rules of ARA 172 cannot be more permissive
than the underlying Zoning, but they can be (and are) more strict to meet the goals of
the Agency for the Project Area. The Resolution reflects the Agency's desire to
"discourage and reject uses and architectural elements such as incompatible,
inappropriate, or non - harmonious signage, colors, materials, size or mass, accessories,
architecture styles or treatments, etc. which are of themselves unattractive or blighting
or tend to induce a blighting influence in the area as shown by an increase in illegal
and /or unattractive signage, economically marginal uses,...criminal activity, etc. ".
Among the many uses listed as Inappropriate are acupressure studios or facilities, nail
salons, massage parlors, and beauty colleges. Over time, in evaluating business license
applications for day spas or general beauty salons, staff has found that as long as the
overall use is broad (such as a day spa that offers numerous types of treatments) it has
been approved as a compliant use. For example, a day spa application has been
viewed as acceptable even if it may provide "inappropriate" elements such as nail salon
work or massage as long as these uses were not the primary or sole use. In fact, this
has been the City's regulatory stance on massages uses in general; massage can be
incidental to other uses. Based on a proliferation of these types of uses, and a greater
understanding of these uses in general, the staff now believes that this has been too
broad an interpretation and not in keeping with ARA 172. The previous determination
may not protect the health, safety, and welfare of the community. These uses do often
cause a blighting influence, they are economically marginal, in many cases they do not
complement the Project Area, and their establishment has led to criminal activity.
Inspections of such uses by a City team led by the Police Department and Code
Services have found numerous code violations and illegal activity at such uses, from
lack of licensing to illegal massage to prostitution.
The City Council and Agency Board has discussed several different aspects of
regulation for personal service uses and massage uses over the past year. A
moratorium on massage therapy and massage - related uses was enacted in 2009 and a
new ordinance on such uses was adopted on August 18, 2009. One of the arguments
presented but rejected by the Council was to require a Conditional Use Permit for all
personal service uses or to require such a permit for all such uses with individual and
private rooms. Personal Service Business is defined by the Municipal Code as "a
business providing non - medical personal, health, beauty, or grooming services to its
individual customers as a primary use including, but not limited to, day spas, hair
salons, nail salons, beauty parlors and health spas ".
As it has been roughly six (6) months since adoption of the new Ordinance, staff has
studied these uses and found that these marginal uses continue to dominate the City's
commercial areas, and many of them continue to violate the Municipal Code. This is of
significant concern in the Project Area, where the City has worked hard to develop
compatible uses that are beneficial to the City. In addition, this is an economic time
where there are a number of vacancies within the Project Area. While Agency staff
understands and sympathizes with landlords and property owners leasing tenant
spaces to such marginal uses in such times, staff must look at the long term fiscal
health of the Project Area. As a result, allowing these uses to proliferate within the
Project Area is counterproductive to the goals of ARA 172.
For these reasons, the proposed determination is that uses such as day spas, general
salons, and other personal service uses are deemed to be are similar in character to
existing inappropriate uses pursuant to ARA 172 and should now not be allowed within
Staff Report — March 2, 2010
ARA 172 Determination
Page 2
the Project Area. This determination would not apply to existing established uses, only
to new uses not yet approved.
It should be noted that the staff is also considering additional changes to ARA 172
which will be presented to you at an upcoming Agency Board meeting.
FISCAL IMPACT
There is no direct fiscal impact of the determination. The determination limits certain
uses in the Project Area, which could have an impact on license fees and other taxes.
But, any estimate of fiscal impact would be purely speculative.
RECOMMENDATION
That the Redevelopment Agency Board determine that day spas, salons, and other
personal service uses are Inappropriate Uses within the Central Redevelopment Project
Area pursuant to ARA 172.
Approved By:
Donald Penman, City Manager /Executive Director
Attachment: ARA Resolution No. 172
Staff Report — March 2, 2010
ARA 172 Determination
Page 3
RESOLUTION NO. ARA 172
A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY
ESTABLISHING USE AND DESIGN REQUIREMENTS AND GUIDELINES
WHEREAS, the Arcadia Redevelopment Agency (the "Agency") has
expended over $30,000,000 to redevelop the area (the "Project
Area ") subject to the Redevelopment Plan for the Central
Redevelopment Project (the "Redevelopment Plan "); and
WHEREAS, the City of Arcadia (the "City ") has expended over
$1,000,000 in Community Development Block Grant, Gas Tax, Lighting
Maintenance District, Sewer Fund, Proposition A, SB 821 and General
Fund monies and proposes to spend an additional $1,100, 000 over the
next three years to revitalize the downtown Project Area; and
WHEREAS, in order to eliminate blight and to meet the policies
and objectives of the Community Redevelopment Law of the State of
California (the "Redevelopment Law ") within the Project Area, both
the Agency and the City desire 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 to discourage unattractive, incompatible and non -
harmonious uses, materials, colors, lights, signs, landscaping,
architectural designs and treatment; and
WHEREAS, certain inappropriate uses exist or might otherwise
be permitted in the Project Area which cause blight or detract from
the reputation, market acceptance, security, attractiveness and
image of the Project Area, and are not consistent with the policies
and objectives of the Redevelopment Law; and
WHEREAS, certain unattractive and non - harmonious architectural
design styles, materials and colors exist or might otherwise be
permitted in the Project Area which detract from or conflict with
existing, new or rehabilitated buildings, the policies and
objectives of the Redevelopment Law, and standards set forth in the
City's Design Review Ordinance; and
WHEREAS, in accordance and consistent with Sections 301(6),
410 through 413, 416 through 420, 424, 427, and 600 of the
Redevelopment Plan, and in order to eliminate blight, to enable the
Agency to concentrate and develop significant redevelopment
projects and uses which are needed in the Project Area and in the
City, and to facilitate the achievement of adequate revenue for the
City, the Agency now desires to establish and adopt requirements
and guidelines pertinent to uses and development standards within
the Project Area; and
WHEREAS, the Agency has published notice of, and has conducted
a public hearing concerning the adoption of such requirements 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 Arcadia Redevelopment Agency has adopted a
program Environmental Impact Report ( "EIR ") on November 20, 1973 a
the time of the establishment of the 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 Central Redevelopment
Project Area, and an initial study has been prepared on the
proposed adoption of this Resolution and a Negative Declaration
prepared.
NOW THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency finds that the Use and Design
Requirements and Guidelines (the "Guidelines") attached hereto as
Exhibit "A" and incorporated herein by reference, are reasonable
and necessary in order to eliminate blight and to facilitate and
encourage the policies and objectives of the Redevelopment Law. In
particular, the Agency finds that without the Guidelines, there
will likely be developed in the Project Area uses incompatible with
high quality office, restaurant and retail centers and industrial
facilities, and structures which create a haphazard and
inconsistent mix of architectural design, all of which promote
blight and discourage 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 Guidelines as inappropriate for the Project
Area, in other more suitable areas within the City, since (a) the
Project Area constitutes merely a small area within the City, (b)
other areas within 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 from
residents, businesses and community organizations in other areas of
the City for such uses to be located in those areas. The Agency
r,
further finds that the uses described in the Guidelines as
inappropriate for the Project Area do not constitute uses which
would facilitate development of integrated, high quality office
complexes and retail centers, and that many of such uses would be
incompatible with existing structures and desired redevelopment
projects due to the appearance, traffic, noise, glare, smoke, or
similar factors typically associated with such uses.
SECTION 2. The Agency hereby approves and adopts the
Guidelines, and 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 Guidelines. A copy
of the Guidelines shall be forwarded by the Agency Secretary to the
City's Planning Department and Business License office in the
Finance Department for their reference and use in considering
.applications for permits and approvals pertinent to the Project
Area.
SECTION 3. This Resolution shall take effect upon adoption.
Passed, approved and adopted this 19th day of January , 1993.
ATTEST:
/S/ JUNE D. ALFORD
Secretary
Arcadia Redevelopment Agency
G EX) RGE FASCHING
Chairman
Arcadia Redevelopment Agency
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA
I, JUNE D. ALFORD, Secretary, Arcadia Redevelopment Agency of
the City of Arcadia, hereby certify that the foregoing Resolution
No. ARA -172 was passed and adopted by the Arcadia Redevelopment
Agency of the City of Arcadia, signed by the Chairman and attested
to by the Secretary at a regular meeting of said City
Council /Agency meeting held on the 19th day of January, 1993 and
that said Resolution ARA -172 was adopted by the following vote, to
wit:
AYES: Agency Members Ciraulo, Harbicht, Lojeski, Margett
and Fasching
NOES: None
ABSENT: None
/S/ JUNE D. ALFORD
Secretary
Arcadia Redevelopment Agency
USE AND DESIGN REQUIREMENTS AND GUIDELINES
FOR THE
CENTRAL REDEVELOPMENT PROJECT AREA ( "PROJECT AREA ")
Statement of Policy
1. These Use and Design Requirements and Guidelines are intended
to supplement and clarify the City of Arcadia General Plan,
the Arcadia Municipal Code, in particular Article IX - Zoning
Ordinance, the Redevelopment Plan for the Central
Redevelopment Project, as each may be amended from time to
time and the Agency's Design Review regulations (ARA
Resolution 13).
2. The Agency desires and intends to encourage construction of
new and rehabilitation of existing buildings to include
attractive quality high end retail stores and restaurants, as
well as professional offices and industrial buildings. These
buildings and facilities should be constructed of attractive,
quality, durable materials, architecturally designed and
constructed to be compatible and harmonious with the downtown,
with ample landscaping using preferably mature flora and
shielded lighting (as appropriate).
3. The Agency desires and intends to discourage and reject uses
and architectural elements such as incompatible,
inappropriate, or non - harmonious signage, colors, materials,
building size or mass, accessories, architectural styles or
treatments, etc. which are of themselves unattractive or
blighting or tend to induce a blighting influence in the area
as shown by an increase in illegal and /or unattractive .
signage, economically marginal uses, unusual security systems,
criminal activity, increased vehicular traffic resulting in
traffic violations, accidents and illegal parking.
Inappropriate Uses
Inappropriate uses in the project area, which the Agency will
generally not approve, include the following and anything which the
Agency determines to be similar in character:
- 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
- laundromats
- thrift stores
- bail bonds offices
- dance studios /halls
- karaoke bars or halls
- modeling agencies
-• palmistry, fortune telling
- astrology, psychic
- beauty college
- acupressure studios or facilities
- 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
- auto service or gas stations
- tire and battery shops
- muffler shops
- automobile storage garage
- fast food restaurants, except where such are included and
incidental within an office building, and which do not contain
drive - through service
- drive -in theaters
- bars and cocktail lounges, except in conjunction with a bona fide
dinnerhouse restaurant
- coin - operated, self- service dry cleaning machines
- frozen foods locker
- mortuaries
- sanitariums
- bath - turkish and the like
- churches
- coin- operated and automatic car washes
- storage garage
- upholstery shop
- utility trailer and truck rental yard
- pool or billiard halls
- martial arts studios or academies
- billboards advertising products not identifying a use on premises
- any operation (for industrial areas) primarily used as a
distilling, refining, smelting, agricultural or mining operation
- check cashing service
- nail salons
- massage parlors
- 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
Desirable Archit ectural Design Styles
The Agency will generally approve only the following design
elements: the use of red or brown brick or wood with base and
accent colors consistent with the Downtown Revitalization
Ordinance.
Other design elements, architectural treatment and colors may be
permitted by the Agency if the proposed development or building
offers some unique amenities or benefit to the community and the
downtown area.
Inappropriate Architectural Design Styles
Inappropriate design, which the Agency will . not permit, includes
without limitation domes, minarets, windmills, exterior stairways
or hotel room access, intermixed and incompatible or non - harmonious
architectural styles /designs on one building or one site, buildings
predominantly of reflective glass, buildings out of character and
inconsistent with other buildings in the downtown, including
landscaping.
Exception
Notwithstanding the above, the Agency in its reasonable` discretion
may, for a building or project of unusual economic significance or
potential positive architectural impact, approve a variation for,
waive or modify the above Use and Design Guidelines.
Existing non - conforming uses will generally continue to be
permitted subject to the Arcadia Municipal Code and the
Redevelopment Plan. If any existing inappropriate use is abandoned
or discontinued for a period of 90 days, any rights under these
Guidelines shall terminate.
Increased Intensity of Uses
The land in the areas bounded by W. Huntington, Santa Anita and
Santa Clara, and the land bounded by E. Huntington, the AT & SF
railroad tracks, N. Second and Santa Clara is in the heart of the
redevelopment project area. As such, they have high visibility
from surface, freeway and rail traffic and therefore have an
unusual impact on the future development of their immediate area,
the entire downtown project area, and the City's overall image and
reputation. Therefore," the Agency desires and intends this land be
developed for more intense and attractive commercial uses than
permitted under the existing zoning, including but not limited to
greater height, e.g., 3 -6 stories with subterranean parking vs. 3
stories. The Agency generally will not permit less intense uses
than that stated herein, including but not limited to single story
"mini -mall" retail, one or two story office, retail, hotel, or such
mixed uses.
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Inappropriate Uses in the Central Redevelopment Project Area
Acupressure Studios or Facilities
Ambulance Services
Antique Stores, if merchandise is less
than 100 years old
Arcades: Electronic, Video and /or Pinball
Astrology, Fortune Telling, Palmistry
and /or Psychics
Auto Service /Gas Stations
Auto Tire and Battery Shops
Automobile Related Uses except sale of
new or used cars
Automobile Storage Garages
Bail Bonds Offices
Bars and Cocktail Lounges, except in
conjunction with a bona fide dinner
house restaurant
Baths - Turkish and the like
Battery Shops
Beauty Colleges
Billboards that advertise products not
identifying a use on the premises
Billiard or Pool Halls
Bowling Alleys
Car Washes that are coin - operated or
automatic
Check Cashing Services
Churches
Cocktail Lounges, except in conjunction
with a bona fide dinner house
restaurant
Convenience Stores
Dance Studios /Halls
Drive -in Theaters
Dry Cleaning Machines that are coin -
operated or self - service
Eating Establishments (Fast Food
Restaurants) except where such are
included and incidental within an
office building, and which do not
contain drive - through service
Electronic, Video and /or Pinball Arcades
Fast Food (see Eating Establishments)
Flea Markets or Second Hand "swap
meet" or surplus stores
Fortune Telling, Astrology, Palmistry
and /or Psychics
Frozen Foods Lockers
Game _Arcades: Electronic, Video-and/or
Pinball
Gas /Auto Service Stations
Gun Shops
Heavy Machinery Rentals
Hot Tub /Tanning Facilities
Industrial Operations primarily used as a
distilling, refining, smelting,
agricultural or mining operation
Karaoke Bars or Halls
Laundromats
Liquor Sales for off - premise
consumption, except as part of a
comprehensive development plan of
at least 40,000 sq. ft.
Martial Arts Studios or Academies
Massage Parlors
Modeling. Agencies
Mortuaries
Muffler Shops
Nail Salons
Palmistry, Astrology, Fortune Telling
and /or Psychics
Pawn Shops
Pinball, Electronic and /or Video Arcades
Pool or Billiard Halls
Psychics, Astrology, Fortune Telling
and /or Palmistry
Rental Yards: Heavy Machinery, Trucks
and Utility Trailers
Sanitariums
Second Hand or Used Merchandise Stores
Storage Garages
Stores Selling Liquor for off - premise
consumption, except as part of a
comprehensive development plan of
at least 40,000 sq. ft.
Tanning /Hot Tub Facilities
Thrift Stores
Tire Shops
Upholstery Shops
Utility Trailer and Truck Rental Yards
15 June 1993
Adopted by the Arcadia Redevelopment
Agency, Jan. 19, 1993