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
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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.
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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
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
.