Loading...
HomeMy WebLinkAbout2185 ORDINANCE NO. 2185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING THE ARCADIA MUNICIPAL CODE BY DELETING SECTION 9275.1.8 AND BY AMENDING SECTION 9275.1.43 AND ARTICLE IX, CHAPTER 2, PART 2 PERTAINING TO CHURCH USES. WHEREAS, this text amendment TA 2003-003 was initiated by the Development Services Department to delete Section 9275.1.8 of the Arcadia Municipal Code allowing churches in all zones with a conditional use permit and amending Section 9275.1.43 to allow churches in the R-O, R-1, R-2 and C-O zones with an approved conditional use permit and adding a definition of "Church or Place of Worship" to Article IX, Chapter 2, Part 2 "Definitions"; and WHEREAS, on October 28, 2003 a public hearing was held before the Planning Commission on said matter at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission at said meeting voted 4-0 with one member absent to recommend to the City Council approval of T.A. 2003-003; and WHEREAS, on December 2, 2003, the City Council held a public hearing on said text amendment; and WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 1. All staff reports and related attachments and exhibits submitted by the Community Development Division of the Development Services Department to the City Council; 2. The record of the Planning Commission hearing regarding text amendment TA 2003-003; and 3. All letters, information and material presented as part of the public testimony at the City Council public hearing on December 2, 2003, including the staff reports and all documentation presented at the public hearing; and WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. 2185 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The factual data submitted by the Development Services Department in the attached report is true and correct. Section 2. The City Council finds: 1. That the approval of this text amendment will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the approval of this text amendment will not have the potential for causing a significant effect on the environment and is, therefore, categorically exempt from CEQA per Sections 15061 (b )(3) and 15378(b )(2). 3. That approval of this text amendment provides religious uses a reasonable opportunity to locate within the City's borders and does not violate the First Amendment or the Religious Land Use and Institutionalized Persons Act (RLUIPA). Section 3. The Arcadia Municipal Code is amended by deleting Section 9275.1.8. Section 4. Section 9275.1.43 of the Arcadia Municipal Code is amended to read: "9275.1.43. CHURCHES. R-O, R-1, R-2, R-3 and C-O zones." Section 5. Section 9220.16.1 is added to the Arcadia Municipal Code to read: "9220.16.1. 'Church or Place of Worship' is a building for regular assembly for religious worship that is used primarily for such purpose, which mayor may not contain accessory activities that are customarily associated therewith, and which mayor may not contain the place of residence for ministers, priests, nuns, rabbis or others who lead religious worship on the premises. Church or place of worship shall not include such nontraditional accessory uses as retail sales of non-religious and non-church related goods, residential uses (other than as permitted hereinabove), or sports and/or entertainment facilities when not used for church purposes or when rented out for revenue purposes." Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. -2- 2185 Passed, approved and adopted this 16th day of December ,2003. ATIEST: \,:~ ~ de ~~ Ci {Clerk of the Cit ,of Arcadia / APPROVED AS TO FORM: ~~r~ Stephen P. Deitsch, City Attorney -3- 2185 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2185 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 16th day of December, 2003 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chang, Kovacic, Segal and Wuo NOES: None ABSENT: Council Member Marshall ~~ )) {Utf~ ~ Oty'Clerk of the Ci}y elf Arcadia 4 2185