TO: TARA SCHULTZ, CITY MANAGER
FROM: SHELLEY DESAUTELS, CITY CLERK
DATE: FEBRUARY 25, 2020
Reviewed by:
City Manager: TS
Finance Director: AP
SUBJECT:
Title
SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING THE VILLAGE EXPANSION SPECIFIC PLAN (VESP) TO ALLOW VIDEO ARCADES, CREATIVE INSTRUCTIONAL USES, AND ON-SITE ALCOHOL SERVICE FOR MOVIE THEATERS WITHIN THE MIXED-USE (CMX AND MX) ZONES OF THE VILLAGE EXPANSION SPECIFIC PLAN AREA
Body
SUMMARY
In response to requests from two business owners, the City initiated an amendment to the Village Expansion Specific Plan (VESP). If adopted, the amendment would make the following changes to VESP Section 2.3.3, Table 2 (Land Use Table) to:
• Allow “Game and Video Arcades” on the ground floor within the CMX and MX zones with approval of a Conditional Use Permit (CUP).
• Allow “Creative Instructional Uses”, including art or cooking classes, on the ground floor within the CMX and MX zones with approval of a CUP. These uses may also include on-site alcohol service with approval of a CUP.
• Allow on-site alcohol service in conjunction with movie theaters having more than 250 seats within the CMX and MX zones, with approval of a CUP.
The amendment, which is in the form of an ordinance, would also add a definition for “Creative Instructional Uses” to Section 2.3.4 of the VESP.
If approved, these changes would accommodate requests from Laemmle Theaters, Lost Levels Arcade, and past creative instructional uses that could not be accommodated by the code at the time of the request. The Planning Commission reviewed the amendment and recommended adoption by the City Council.
At its regular meeting of February 11, 2020, the City Council introduced the proposed ordinance.
RECOMMENDATION
Recommended Action
Staff recommends that the City Council waive further reading and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, AMENDING TABLE 2 IN SECTION 2.3.3 OF THE VILLAGE EXPANSION SPECIFIC PLAN TO ALLOW, WITH APPROVAL OF A CONDITIONAL USE PERMIT, VIDEO ARCADES ON THE FIRST FLOOR, ALCOHOL SERVICE FOR MOVIE THEATERS, AND CREATIVE INSTRUCTIONAL USES IN THE MX AND CMX ZONES.
Body
ALTERNATIVE TO RECOMMENDATION
In addition to the above recommendation, the following alternative has been identified:
• Continue the item, request additional information, and instruct staff to revise the ordinance before it is considered again by the City Council.
FINANCIAL REVIEW
The cost for staff to prepare and process this amendment, estimated at $5,100, has been covered by fees paid by both Lost Levels Arcade and Laemmle Theaters.
ANALYSIS
Background
Staff initiated this Specific Plan amendment to address applications from Laemmle Theaters and Lost Levels. In addition to these requests, owners of the largest commercial buildings located in the CMX zone, Tolkin Group and Arteco Partners, have expressed their support of the amendment, suggesting that it would enhance the mix of uses and provide for the ongoing commercial viability of the district. The intent of the amendment is to help maintain the high occupancy of VESP commercial spaces to preserve economic strength in the Village. The success of the Village is based on its active retail and entertainment-oriented environment, which serves as a local and regional draw for the City. Concurrently, the CUP requirement for each of the proposed new uses will serve to protect the character and integrity of the City’s downtown core and surrounding neighborhoods.
Description of Project
The proposal affects the CMX and MX zones of the VESP. This is the area occupied by the Packing House, the vacant lot north of the Packing House, the Laemmle Theater center and surrounding commercial development, and all other commercial properties fronting Indian Hill Boulevard between the railroad tracks and Bonita Avenue. Figure 6 is the map of the various zones contained in the VESP.
The proposed text of amendment to the VESP is described in detail below.
Revisions to the VESP Land Use Table
VESP Section 2.3.3, Table 2, Sections 3 and 13 are proposed to be amended to permit, with the issuance of a CUP, “Creative Instructional Uses” and “Movie Theaters” with on-site alcohol service on the ground floor and “Game and Video Arcades” on the ground floor of the CMX and MX zones. Specifically, VESP Section 2.3.3, Table 2, is modified as follows with each proposed change indicated below in red with new language underlined and deleted language striked through.
Table 2
Land Use Table
|
USE |
CMX Ground Floor |
CMX 2nd/3rd Floors |
MX |
RMX |
R |
PF |
|
3) Alcoholic Beverage Sales |
|
|
|
|
|
|
|
Alcoholic sales for off-site consumption with or without on-site tasting |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
On-site sales in connection w/Creative Instructional Uses (as defined in Section 2.3.4) |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
On-site sales in connection w/Live Performance Business (as defined in Glossary) |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
On-site sales in connection w/Movie Theater (Minimum 250 Seats total (all screens)) |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
On-site sales in connection w/restaurant |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
Manufacturing, wholesale and distribution including micro-brewery with no restaurant with limited tasting |
<> |
<> |
<> |
<> |
<> |
<> |
|
Micro-breweries in connection w/restaurant |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
Special Wine Business (as defined in Glossary) |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
USE |
CMX Ground Floor |
CMX 2nd/3rd Floors |
MX |
RMX |
R |
PF |
|
13) Recreation/Entertainment |
|
|
|
|
|
|
|
Cyber café/Billiards and pool halls/game and video arcades |
<> |
CUP |
<> |
<> |
<> |
<> |
|
Golf course and driving ranges |
<> |
<> |
<> |
<> |
<> |
<> |
|
Indoor - amusement/recreation/sports and health clubs/skating/batting cages/roller hockey facilities (not within a public park) - For instructional uses see 4) Educational/ Instructional/Child Care Uses |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
Outdoor - amusement/recreation/sport club/skating/batting cages/roller hockey facilities (not within a public park) |
<> |
<> |
<> |
<> |
<> |
<> |
|
Public Assembly/auditoriums/meeting halls |
<> |
<> |
<> |
<> |
<> |
<> |
|
Theatres (live stage and movie) and concert halls |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
Creative Instructional Uses |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
Game and video arcades |
CUP |
CUP |
CUP |
<> |
<> |
<> |
|
|
|
|
|
|
|
|
P = Permitted < > = Not Permitted CUP = Conditional Use Permit Required
Define Creative Instructional Uses
In addition to the above changes to the use table, Section 2.3.4 of the VESP, which defines certain uses that are permitted to have on-site sale of alcoholic beverages, shall be revised to include the following definition for “Creative Instructional Uses”:
Creative Instructional Uses
Businesses that are focused on providing short-term creative instructional experiences, such as cooking schools or painting classes, may be granted a Conditional Use Permit for the on-site sale of alcoholic beverages for consumption on premises by class attendees during the time instructional services are being offered. Snacks and appetizers shall be made available for on-site consumption at all times alcoholic beverages are being served.
Planning Commission Review
On January 21, 2020, the Planning Commission considered the draft Specific Plan Amendment, made two minor revisions to the text of the ordinance, and adopted a resolution recommending City Council approval as revised by the Commission. The changes made by the Commission included adding a note to clarify that the 250-seat minimum size for movie theaters was for the aggregate number of seats including all screens for a multi-screen theater. The second change was to retain the previous description for arcades as “Game and Video Arcades.” The Commission’s recommendation was by a unanimous vote.
RELATIONSHIP TO CITY PLANNING DOCUMENTS
Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds the following:
Council Priorities - This item relates to the Council Priority to “expand opportunities for our businesses” as it provides for the continued evolution of the zoning of the VESP mixed-use Districts in order to allow businesses to adapt to current trends.
Sustainable City Plan - This item complies with the Sustainable Economy and Sustainable Development sections of the Claremont Sustainable City Plan, as the project will result in minor changes that help retain evening uses in the Village Expansion as viable, which results in a lively downtown that is active in the evenings as well as during the day - leading to more efficient use of the infrastructure and facilities located in this area.
Economic Sustainability Plan - This item relates to the Economic Sustainability Plan, as the amendment is intended to continue the economic success of the VESP by ensuring a vibrant daytime and evening environment and high occupancy rates.
General Plan - This item relates to many General Plan goals, policies, and programs such as:
• Goal 2-3: Accommodate a range of land uses that meet the economic, environmental, educational, and social needs of the City while remaining sensitive to the community’s residential character.
• Goal 3-2: Revitalize aging and underperforming commercial and industrial areas.
2019-20 Budget - This item meets the Community Development Department Work Plan Goals related to provision of land use review services to the communities.
Youth and Family Master Plan - This item does not directly relate to the Youth and Family Master Plan.
CEQA REVIEW
The City Council finds that this VESP amendment is not a project under section 15378(a) of the Guidelines to the California Environmental Quality Act (CEQA), as it will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Even if this amendment were a “project,” it would be covered by the “common sense exemption” set forth in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment.
The amendment makes minor revisions to three uses already permitted in the MX and CMX zones of the VESP. Businesses that are substantially similar to each of the revised uses already exist within the VESP area and would generally have no greater environmental impacts since similar businesses already occupy buildings within the district. In addition, each of the proposed uses will require approval of a conditional use permit (CUP) prior to any business initiating any of the new uses created by the minor revisions. The CUP requirement ensures that any new business, or change in an existing business, will not unduly impact the character of the existing, vibrant, mixed-use VESP area or nearby development.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies are available at the City Hall public counter, the Alexander Hughes Community Center, the Youth Activity Center, and on the City website.
Submitted by:
Shelley Desautels
City Clerk
Attachment:
Draft Ordinance Adopting Specific Plan Amendment