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