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HomeMy WebLinkAboutItem 4a: Waiver of RDA Resolution 172 to Permit Dance Studio at 210 First AveSTAFF REPORT Arcadia Redevelopment Agency DATE: September 15, 2009 TO: Redevelopment Agency Board FROM: Jason Kruckeberg, Development Services Director 3 By: Jerry Schwartz, Economic Development Manager l SUBJECT: CONSIDERATION OF A WAIVER OF ARCADIA REDEVELOPMENT AGENCY RESOLUTION NO. 172 TO PERMIT A DANCE STUDIO AT 210 NORTH FIRST AVENUE Recommendation: Approve BACKGROUND The City has received an application from Laura Powell and Brandon Kwae to operate a ballroom dance studio at 210 North First Avenue. This application requires a waiver from Arcadia Redevelopment Agency Resolution No. 172. ARA Resolution No. 172 was adopted in 1993. The purpose was to promote high quality development and design in the redevelopment project area and to discourage incompatible and non - harmonious land uses and projects. ARA Resolution No. 172 includes "Use and Design Requirements and Guidelines" that Planning and Economic Development staff use frequently to determine compatibility. The guidelines include "Inappropriate Uses ", which were determined in 1993 to be uses that may not be appropriate for the area. The Central Redevelopment Project Area, which is covered by the ARA Resolution No. 172, represents a wide range of land uses, including office, commercial, auto service, manufacturing, and the central business district. To accommodate this range of uses, the resolution allows the Agency Board to consider a waiver to provide for a business that would otherwise not be permitted. DISCUSSION The applicants, Ms. Powell and Mr. Kwae, would lease 3,200 sq. ft. in this two story building for the dance studio. The property is located at the northeast corner of First Avenue and Santa Clara Street, in the Central Redevelopment Project Area (see site map and aerial photo, attached). Arcadia Redevelopment Agency Resolution No. 172 lists "dance studios /halls" as "inappropriate uses ". As such, the proposed use is not permitted in the project area without a waiver being granted by the Agency. The applicants have requested a waiver of ARA No. 172 to allow their dance studio at this location. A copy of the written request for the waiver is attached. In it, Ms. Powell and Mr. Kwae indicate that they have taught dance in the San Gabriel Valley for more than 20 years, and that they expect to attract students from neighboring communities who will hopefully shop and dine in Arcadia. The request also emphasizes the healthiness and creativity of social dance. The dance studio is allowed in the M -1 zone with a Conditional Use Permit (CUP 09 -15), and the application will also require a parking modification. These actions would be considered by the Planning Commission at an upcoming meeting depending on tonight's action by the Agency. Since a list of uses approved at a moment in time may not be applicable as the Central Redevelopment Project Area has changed and evolved, ARA No. 172 included an exception, which reads as follows: "...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." In the last 16 years, the Agency Board has, from time to time, approved waivers to promote such uses. A dance studio would not detract from North First Avenue and could add some vitality to the area. It is a use that is compatible with the proposed land use plan for the new General Plan and the goal of introducing more active uses into all portions of the downtown area. There is no conflict between this proposed use and the adjacent or surrounding uses. With the popularity of ballroom dancing programs on television, there has been a growth in interest in ballroom dancing. The applicants are experienced ballroom dance instructors, improving their chances for success at this location. ARA Resolution No. 172 has not been significantly updated since it was approved in 1993. The only adjustments have involved waivers granted by the Agency Board on an occasional basis. As land use patterns change and uses have changed, it is important for staff to revisit the list of uses in ARA Resolution No 172 to determine its relevance for the future. Staff does anticipate a comprehensive review of ARA Resolution No. 172 at the same time that code updates are considered, after the General Plan is completed. FISCAL IMPACT There is no fiscal impact from the waiver. If this action is approved and the subsequent C.U.P. and parking modification are approved, the applicant would complete tenant improvements to the property and apply for a business license. Staff Report September 15, 2009 Page 2 RECOMMENDATION That the Redevelopment Agency Board approve a waiver to Arcadia Redevelopment Agency Resolution No. 172 to permit a dance studio at 210 North First Avenue. Approved By: Donald Penman City Manager /Executive Director Attachments: Letter from applicants requesting waiver Maps, photos and floor plan of subject property ARA Resolution No. 172 Staff Report September 15, 2009 Page 3 August 12, 2009 Arcadia Redevelopment Agency Development Services Department City of Arcadia 240 West Huntington Dr Arcadia, CA 91066 -6021 Sir /Madam: Re: Conditional Use Permit Application No. CUP 09 -15 We propose to operate a ballroom dance studio at 210 N First Ave, Arcadia, in a portion of a building located within the Downtown Arcadia Central Redevelopment Project Area. Currently, this use is disallowed by resolution ARA 172, "A Resolution Of The Arcadia Redevelopment Agency Establishing Use And Design Requirements And Guidelines." By this letter, we are requesting an exception to this resolution. Our dance studio provides an elegant and wholesome venue where our students engage in healthy artistic activity while learning social dance skills. Our students represent a broad cross - section of Arcadia residents. Also, we will draw students from neighboring communities, increasing foot traffic that will benefit other businesses in the area, particularly restaurants and similar enterprises, before and after dance classes. As professionally trained dance educators, we are dedicated to providing a positive experience for students of all ages and abilities. We have been teaching dance in the San Gabriel Valley for over 20 years, and can provide character references upon request. Our mission: "To help everyone experience the joy of dancing and the benefits of getting fit the fun, easy way. We believe this business and our activities are appropriate for promoting a healthy and creative life style in this community of homes. Therefore, we respectfully request an exception to resolution ARA 172 to allow our proposed use of this property. Sincerely, Ms Laura Powell LP:mgr Laura Powell and Brandon Kwae 8854 Hermosa Dr Temple City, CA 91780 P -tzot Date Mr Brandon Kwae Date 100 0 100 Feet Development Services Department Engineering Division Prepared by. R.S.Gonzalez, September 2009 SANTA CLARA ST (12 (101) (302) ST JOSEPH ST (112) (110) (104) ( CBD (113) (113) (119) (117) (113) SANTA CLARA ST (115) (125) (127) (120) (130) M - 1 210 N First Avenue (114) (118) (122) (126) (230) (228) M -1 100 0 100 Feet Development Services Department Engineering Division Prepared by. R.S.Gonzalez, September 2009 SANTA CLARA ST (12 (101) (302) ST JOSEPH ST (112) (110) (104) ( CBD (113) (113) (119) (117) (113) SANTA CLARA ST (115) (125) (127) (120) (130) M - 1 210 N First Avenue 210 N First Ave Arcadia Zone l I v Mid 6 6 a v § I OS C - o _ r) r O 0 0 0 t 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 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 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. ALFQRD Secretary Arcadia Redevelopment Agency /S/ GEORGE FASCHING Chairman Arcadia Redevelopment Agency /S/ JUNE D. ALFORD Secretary 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 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 Architectural 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 colorss 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. T11:- - � NLI I! AvvONA 111 v avDvy Q � / / ,••• o %A .iS • • VLINV or °INO1 NY •fIMMINNIMNIMIL1iWINUOC 3 0 7 pp t _ NY% \ 1 15NU J L = -- --- -- L . • ur'AU f1 C • • �O 1 = • • ▪ ••Ar • 4 • J 7 C.• • • • C 1 C •Ar • 0 • • i MMID 7 O to • • • ORM 1 ; • i ■v • • OM OM MI IN MI MI III•11 v • • i •A• p••a•f s a • 4,414 12' S1.L]' S.! LAS • 1• 1 t7 •• •A _.g a • • • s • r momomMINM frwi • z W tl J • 1 o � 4i r . 3 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 inclsded 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 Gagne 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 .