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HomeMy WebLinkAboutItem 3a: Waiver of ARA Resolution 231 for Wine Bar with Retail Sales at 16 North First Avenue 111 11 I Pi' STAFFREPORT Arcadia Redevelopment Agency DATE: April 5, 2011 TO: Chairman and Members of the Redevelopment Agency Board FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director Jerry Schwartz, Economic Development Manager IA$ Prepared By: Aaron Lobliner, Redevelopment Intern XI • SUBJECT: CONSIDERATION OF A WAIVER OF ARCADIA REDEVELOPMENT AGENCY RESOLUTION NO. 231 FOR A WINE BAR WITH RETAIL SALES AT 16 NORTH FIRST AVENUE Recommendation: Approve BACKGROUND The City has received an application from Charles Yi to operate a wine bar with retail sales at 16 North First Avenue. This application requires a waiver from Arcadia Redevelopment Agency Resolution No. 231. ARA Resolution No. 231 was adopted on April 6, 2010. ARA Resolution No. 231 was approved as an update to ARA Resolution 172, which was originally adopted in 1993. The purpose of the Resolution is 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. 231 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 2010 to be uses that may not be appropriate for the area. The Central Redevelopment Project Area, which is covered by ARA Resolution No. 231, 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 applicant Mr. Charles Yi would lease 1,750 sq. ft. on the first floor of a two story building at 16 North First Avenue for the wine bar with retail sales. The property is located on the east side of First Avenue between Huntington Drive and Wheeler Avenue, in the Central Redevelopment Project Area (see site map and aerial photo, attached). Arcadia Redevelopment Agency Resolution No. 231 lists "Stores selling liquor for off premise consumption" as an "inappropriate use ". As such, the proposed use is not permitted in the project area without a waiver being granted by the Agency. The applicant has requested a waiver of ARA No. 231 to allow their wine bar at this location. A copy of the written request for the waiver is attached as well as a potential layout of the proposed wine bar. In the request, Mr. Yi indicates that the wine bar will primarily be used for wine tasting with retail sales included, and that the location will not be a restaurant as no kitchen is included in the layout. Mr. Yi also indicates that he has experience operating a similar establishment, the Wine Cave located in the Montrose area of Glendale. The Glendale location has been in operation since August of 2009, and is considered by Glendale City Staff to be a significant improvement to the area. The manager from the Montrose location will operate the wine bar in Arcadia, which if approved would be named Wine Cave II. The wine bar is allowed in the CBD zone with a Conditional Use Permit, and the application would 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. The Planning Commission will consider the full range of conditions to regulate this proposed business. Since a list of uses approved at a moment in time may not be applicable as the Central Redevelopment Project Area changes and evolves, ARA No. 231 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 18 years, the Agency Board has, from time to time, approved waivers to promote such uses. A wine bar would not detract from North First Avenue and could add some vitality to the area. The primary use of the business would be for wine tasting; sales of wine for off -site consumption would be an incidental use of the business. It is a use that is compatible within the land use element of the new General Plan and consistent with 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. 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. RECOMMENDATION That the Redevelopment Agency Board approve a waiver to Arcadia Redevelopment Agency Resolution No. 231 to permit a wine bar at 16 North First Avenue. Approved By: 0,..A-4Q 'P•) Donald Penman City Manager /Executive Director Attachments: Letter from applicants requesting waiver Maps, photos and floor plan of subject property ARA Resolution No. 231 Received Development Services Redstone Eat Economic Development Div►sinr cOMPAceM. February 17, 2011 301 N. Lake Ave., Suite 810 Pasadena, CA 91101 (626) 795 -2255 Mr. Jerry Schwartz Economic Development Manager Development ServicesCity of Arcadia 240 West Huntington Dr. Arcadia, CA 91066 RE: 16 NO. 1 AVENUE Dear Jerry: Charles Yi, a perspective tenant for 16 North First Ave., is requesting a waiver from the ordinance known as ARA 172. Their concept is to have a wine bar with tables and seating along with the sale of gourmet wines. He currently owns the Wine Cave on Honolulu in Montrose along with other partners. We are attaching a draft of a plan for the space and he plans to hire a space planner who has worked in the area and knows the codes to complete the working drawings. Charles knows he has to go through a CUP Process with the city of Arcadia and the ABC. He is looking forward to building his business in Arcadia and will be an asset to the 1 Ave. business district. Let me know if you need any further information. Look forward to hearing from you. Sincerely, Carole Walker :Y"` x' f'.., r c s . !..+; In o .''' .4 .. R a ' Z h1 Fiat • 1 « i iii i+iYiwr. s >s 7�^fl'w.r a,. "" ; .r R e�r p .aw: N n.+±∎gs„,"•r " ; a ' a: •; as � : *A.E' 't Y F 4, a x.roX�.�. i , .e .. - �'• t, .ex 16 N. First Avenue -Front View .0 11. . . 9 Nfl'.'�yv ./ F It L>•. ..,s.. r 11.0111 4 r r. I: f -' '-"C .'i! 4 t-', '7 :: rill. 1 -II , :4,4, „, ... . yy�r. Ak li .. 4 , , ,• — „1, 4 4/Ah 4/2 , pi a , ,, - ' ° Subject ' Property f ,- r► : �.' 0 1 ' ,i.`" t 1,. 16 N. First ma J , 1NM i - Ave. rt Y..xY "{ £ }�4"ry..Se 9n M fTiid r ± n T {' it -r V ,, i + * Air T. l ^*" * .4 � . yy ♦ - 2 .i; : a r ty 1 +r .� �' j •s L '. � ..f .... -�-.. ,. N an 7_ .A.M �, _ � I r. 1 1 r , 1 I wan , 104 A Location: 16 North First Avenue Zoning: Central Business District (CBD) Subject property size: 1,750 square feet f Vicinity Map for 16 N. F Avenue Ora Mry l1. l..1 la C 0� � 4 AI[y .r 1 1.9-,E1 ,8 I „9 €Ej ,9 I = -_ I T , y 1 I. W i d fit/ x is • 111E1i 1 , .. • H a 1. o C O T LO I a� O r 0 r` , O 0 .. i J 1 t8 0 . , ..4.3.-- /1 a C] 0 (4) ..,,._..H. ,.., .„_.....: Lra 1.0 CU M1eg111i11i k L 1 rn (71 1 4 I CD U : 1 C:. 4 EO � O 1 ti ti I i 1 J. 1 j 1 1 t 9 N iL _N -, TT 1 I I - --- — — ,5Z —. • 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. Passed, approved and adopted this 6th day of April 2010. ISI JOHN WUO Chairman Arcadia Redevelopment Agency ATTEST: IS/ %I a H. BA IrMtiro Secretary Arcadia Redevelopment Agency APROVED AS TO FORM: c citq, P. i-eAdsre, Stephen P. Deitsch Agency Counsel 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, JAMES H. BARROWS, Secretary of the Arcadia Redevelopment Agency of the City of Arcadia, hereby certifies that the foregoing Resolution No. ARA -231 was passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Agency held on the 6th day of April, 2010 and that said Agency Resolution was adopted by the following vote, to wit: AYES: Agency Members Amundson, Chandler, Harbicht, Kovacic and Wuo NOES: None ABSENT: None /S/ JAMES H. BARROWS Secretary of the Arcadia Redevelopment Agency 5 --, r r ,.. 1. 1L' uor.o IJ W nriViaLL) CURRENT INAPPROPRIATE USES CHANGES /ADDITIONS UNDER ARA 172 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 Tess Remove from list than 100 years old 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 Add: This includes, but is new, or used cars in connection with the not limited to: Auto Service sale of new cars 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 Allow fast food or take out are included and incidental within an restaurants that do not have a office building, and which do not contain drive -thru; Continue to drive - through service disallow any restaurant with a drive -thru Drive -In Theaters Bars and Cocktail Lounges, except in Add: or "sit down" after conjunction with a bona fide dinnerhouse " dinnerhouse" restaurant EXHIBIT "A" CURRENT INAPPROPRIATE USES CHANGES /ADDITIONS UNDER ARA 172 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 Change to all billboards 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 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 EXHIBIT "A" - 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 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.