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HomeMy WebLinkAboutItem 1e: Ordinance 2266 Federal Religious Land Use and Institutionalized Persons ActORDINANCE NO. 2266 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO ADDRESS ASSEMBLY USES, SCHOOLS, TUTORING CENTERS AND THE REQUIREMENTS FOR CONDITIONAL USE PERMITS FOR SUCH USES, AND TO ADD A PROVISION FOR REASONABLE ACCOMMODATIONS OF ISSUES RELATED TO THE FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The following Sections of the Arcadia Municipal Code are hereby repealed: 9260.1.12(11) Private Clubs, Fraternities, Sororities, Lodges and Community Service Organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. 9263.1.27. SAME. Music Conservatories. 9263.1.34. SAME. Studios, except motion picture. 9263.1.40. SAME. Trade schools, not objectionable due to noise, odor, dust, smoke, vibrations or other similar causes. 9264.2.9.6. Educational /tutoring centers, not located on the ground floor along Huntington Drive and First Avenue; 9275.1.12. SAME. Community Buildings and Libraries. 9275.1.26. SAME. Nursery schools, day nurseries, preschool nurseries, child care centers and day care centers. 9275.1.28. SAME. Pageants. 9275.1.29.1. SAME. Private clubs, fraternities, sororities, lodges and community service organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. 9275.1.32. SAME. Public Recreation Centers. 9275.1.35.1. SCHOOLS. All schools not elsewhere specified in this Chapter. 9275.1.47. FUNERAL PARLORS. C -2 or any less restrictive commercial or industrial zone. 9275.1.60. WEDDING CHAPELS. C -2 or any Tess restrictive commercial or industrial zone. SECTION 2. The following Sections of the Arcadia Municipal Code are hereby added and /or amended to read as follows: 9264.2.9.13. Movie Theaters. 9268.1.4. SAME. Auditoriums, Theaters, Performing Arts Centers, Churches, Libraries, Art Galleries, Meeting Rooms and other Cultural Facilities. 9274.1.5.1. SAME. Public recreation centers, public community buildings and public libraries. 9275.1.3. CONDITIONAL USES PERMITTED IN ANY ZONE. The uses specified in the following subsections may be permitted in any zone. 9275.1.35. SAME. Schools, academic /scholastic, elementary, middle/junior -high, or high, including kindergarten and prekindergarten or nursery schools /child -care centers. Except in the C -M, M -1 or M -2 Zones. 9275.1.37.1.1. ART STUDIOS. C -1, C -2, C -M, CBD or CPD -1. 9275.1.44.1.1. DAY -CARE CENTERS. C -2. 9275.1.50.3. MARTIAL ARTS STUDIOS. C -1, C -2, C -M, CBD or CPD -1. 9275.1.51. MORTUARIES. C -2 or C -M. 9275.1.53.3. PRIVATE CLUBS AND LODGES. Excepting those the chief activity of which is a service customarily carried on as a business. R -0, R -1, R -2, R -3 and C -O zones. 9275.1.55. MOVIE THEATERS. CBD, C -1 or any Tess restrictive commercial or industrial zone. 9275.1.55.1. TRADE SCHOOLS. C -2, C -M or any Tess restrictive industrial zone. 9275.1.56. TUTORING CENTERS. CBD, CPD -1, C -1 or any Tess restrictive commercial zone. 2 SECTION 3. Division 4 is hereby added to Article IX, Chapter 2, Part 1 of the Arcadia Municipal Code to read as follows: 9214. REASONABLE ACCOMMODATIONS — FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000. Deviations from the requirements and regulations specified in this Chapter may be approved if it is found by the Planning Commission or City Council that consistent with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), enforcement of a regulation results in a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless it is determined that imposition of the burden on that person, assembly, or institution accomplishes the following: Furtherance of a compelling govemmental interest where the burden is found to be the least restrictive means of furthering that compelling governmental interest. SECTION 4. 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. This Ordinance shall take effect thirty -one (31) days after its adoption. [SIGNATURES ON NEXT PAGE] 3 ATTEST: City Clerk Passed, approved and adopted this day of 2010. APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 1). 1)-eiZa 4 Mayor of the City of Arcadia STAFF REPORT Development Services Department DATE: December 15, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director T5- By: Jim Kasama, Community Development Administrator SUBJECT: CONSIDERATION OF TEXT AMENDMENT NO. TA 09 -04 FOR ORDINANCE NO. 2266 AMENDING ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO ADDRESS ASSEMBLY USES, SCHOOLS, TUTORING CENTERS AND THE REQUIREMENTS FOR CONDITIONAL USE PERMITS FOR SUCH USES AND TO ADD A PROVISION FOR REASONABLE ACCOMMODATIONS OF ISSUES RELATED TO THE FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000. Recommendation: Introduce Ordinance No. 2266 SUMMARY The Development Services Department is proposing to amend the City's lists of Permitted Uses, and Uses Subject to Conditional Use Permits for assembly uses, schools and tutoring centers to eliminate potential inconsistencies with the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and to add a provision for consideration of reasonable accommodations of issues related to RLUIPA. The Development Services Department is recommending approval of the proposed text amendments as set forth in this report and the attached ordinance. BACKGROUND The First Amendment to the U.S. Constitution protects the free exercise of religion. The Religious Land Use and Institutionalized Persons Act (RLUIPA) was passed by the U.S. Congress in 2000 to ensure the free exercise of religion with regard to local land use regulation by precluding governmental agencies from making discretionary decisions that place a burden on the free exercise of religion without a compelling governmental reason. On the other hand, if the regulation of land uses is neutral with regard to the exercise of religion and of general applicability, then there need only be a rational or reasonable basis for the regulation and not a compelling governmental reason. In 2003, the City Council adopted Ordinance No. 2185, which revised the zones in which churches are allowed subject to a Conditional Use Permit, and added the following definition of "Church" to the Zoning Regulations: 9220.16.1. CHURCH USES. Church or Place of Worship is a building for regular assembly for religious worship that is used primarily for such purpose, which may or may not contain accessory activities that are customarily associated therewith, and which may or 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. (Added by Ord. 2185 adopted 12- 16 -03) Prior to Ordinance No. 2185, churches were allowed in any zone with a Conditional Use Permit (CUP). Ordinance No. 2185 kept the requirement for a CUP and limits churches to the R -0, R -1, R -2 and R -3 residential zones and the C -O Professional Office Zone. A reason for not allowing churches in other commercial and industrial zones is to maintain the viability of the City's limited commercial and industrial areas. Store front churches in commercial areas alter the character of the area and disrupt the flow of vehicular and pedestrian traffic necessary for commercial areas to thrive. Additionally, churches should not be in industrial areas because assembly uses should not be situated near places where hazardous materials are likely to be used and stored. Churches, however, are only one type of assembly use and should not be treated differently from similar nonreligious assembly uses. To do so would be a violation of The Religious Land Use and Institutionalized Persons Act (RLUIPA). On September 4, 2009, the City received a letter from an attorney assisting a church with the City's CUP process. The letter pointed out that nonreligious assembly uses are eligible for CUPs in all zones, but churches are limited to specific zones, and that this situation is inconsistent with RLUIPA. DISCUSSION Staff reviewed all of the uses allowed by right as well as by CUP in all of the zones in the City's Zoning Regulations and compiled the attached list of potential RLUIPA related uses. This list was reviewed by the City Attorney and based on the City Attorney's advice; staff is recommending the following three groups of amendments to the Arcadia Municipal Code: Group 1 — Uses to be Repealed The following Sections of the Arcadia Municipal Code are recommended to be repealed either because the assembly or assembly- related use is allowed in zones in which churches are not allowed, or because the use is no longer appropriate for the respective zoning. Explanatory notations are shown in parentheses in (10 point, italics). TA 09 -04 / Ord. No. 2266 (RLUIPA) December 15, 2009 Page 2 of 7 Zoning Section No. Use CPD -1 9260.1.12(11) Private Clubs, Fraternities, Sororities, Lodges and Community Service Organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. (This use should not to be allowed in the CPD -1 zone.) C -2 9263.1.27. C -2 9263.1.34. CBD w /CUP 9264.2.9.6. Any w /CUP 9275.1.12. Any w /CUP 9275.1.26. SAME. (Uses Permitted) Music Conservatories. (This is an antiquated use, and music stores, and music and vocal instruction are allowed by right in the C -2 zones.) SAME. (Uses Permitted) Studios, except motion picture. (This is an unnecessary and vague use description. Common types of studios are art studios, martial arts studios, and photography studios. The next group of amendments will allow art studios and martial arts studios with a CUP in specific commercial zones, and photographers are allowed by right in the C -1 and C -2 zones.) C -2 9263.1.40. SAME. (Uses Permitted) Trade schools, not objectionable due to noise, odor, dust, smoke, vibrations or other similar causes. (This use should not be allowed by right. The next group of amendments will allow this use with a CUP in the C -2, C -M and less restrictive industrial zones.) Educational /tutoring centers, not located on the ground floor along Huntington Drive and First Avenue. (This use does not need to be specifically listed under the CBD Section, and no longer needs to be prohibited from ground floors in the CBD zone. The next group of amendments will list tutoring centers separately from schools and allow tutoring centers with a CUP in the CBD, CPD -1, C -1 or any less restrictive commercial zones.) SAME. (Conditional Uses Permitted in Any Zone) Community Buildings and Libraries. (These assembly- related uses are usually public uses and should not be allowed in any zone. The next group of amendments adds them to the S -2, Public Purpose Zone.) SAME. (Conditional Uses Permitted in Any Zone) Nursery schools, day nurseries, preschool nurseries, child care centers and day care centers. (These uses should not be allowed in any zone and the next group of amendments adds them to the schools use and refines the zones in which schools are to be allowed. Also, day -care centers will be separated from schools.) TA 09 -04 / Ord. No. 2266 (RLUIPA) December 15, 2009 Page 3 of 7 Any w /CUP 9275.1.28. SAME. (Conditional Uses Permitted in Any Zone) Pageants. (This is an antiquated use and does not need to be specifically listed. This use or activity would be allowed at assembly and assembly- related uses.) Any w /CUP 9275.1.29.1. SAME. (Conditional Uses Permitted in Any Zone) Private clubs, fraternities, sororities, lodges and community service organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. (This assembly use should not be allowed in any zone and the next group of amendments updates it to be allowed with a CUP in the same zones as churches.) Any w /CUP 9275.1.32. SAME. (Conditional Uses Permitted in Any Zone) Public Recreation Centers. (This use should not be listed as allowed in any zone, and the next group of amendments adds it to the S -2, Public Purpose Zone.) Any w /CUP 9275.1.35.1. SCHOOLS. All schools not elsewhere specified in this Chapter. (Too many types of activities can be considered eligible under this use and schools should not be allowed in any zone, especially industrial zones. The next group of amendments refines the schools use, and adds specific provisions for school - related uses, such as art studios and martial arts studios.) w /CUP 9275.1.47. FUNERAL PARLORS. C -2 or any less restrictive commercial or industrial zone. (This use should not be allowed in so many zones and the designation is not necessary. Funerals are allowed at churches and assembly uses. Mortuaries, where the emphasis is on the preparation for funerals is already allowed with a CUP and the next group of amendments refines the zones in which they are to be allowed.) w /CUP 9275.1.60. WEDDING CHAPELS. C -2 or any less restrictive commercial or industrial zone. (This is an antiquated use and does not need to be specifically listed. This activity is allowed at churches and assembly uses.) Group 2 — Uses to be Added or Amended Staff is recommending that the following Sections of the Arcadia Municipal Code be amended as indicated with strikethroughs denoting language to be deleted and new wording shown as underlined italics for at least one of the following purposes; (a) To TA 09 -04 / Ord. No. 2266 (RLUIPA) December 15, 2009 Page 4 of 7 differentiate the use so that it is not similar to church - assembly activities; (b) Make similar to or include churches to avoid inconsistency with RLUIPA; (c) Update a provision; or (d) Eliminate redundant language. Explanatory notations are shown in parentheses in (10 point, italics). Zoning Section No. CBD w /CUP 9264.2.9.13. C -C 9268.1.4. 9275.1.3. Any w /CUP 9275.1.35. w /CUP w /CUP w /CUP 9275.1.50.3. w /CUP 9275.1.51. Use Movie Theaters. SAME. (Uses Permitted) Auditoriums, Theaters, Performing Arts Centers, Churches, Libraries, Art Galleries, Meeting Rooms and other Cultural Facilities. SS = 2 9274.1.5.1. SAME. (Uses Permitted) Public recreation centers, public community buildings and public libraries. CONDITIONAL USES PERMITTED IN ANY ZONE. The uses specified in the following subsections may be permitted in any zone_ oxcopt tho CPD 1, Commorcial Plannod SAME. (Conditional Uses Permitted in Any Zone) Schools, academic/scholastic, elementary, middle /iunior - -high, or high, including kindergarten and prekindergarten or nursery schools/child -care centers, conductod in Except in the C -M, M -1 or M -2 Zones. 9275.1.37.1.1. ART STUDIOS. C -1, C -2, C -M, CBD or CPD -1. 9275.1.44.1.1. DAY -CARE CENTERS. C -2. MORTUARIES. G-Q C -2 or C -M any--less Purpose (a) (b) (c) (d) (c) (c) (c) MARTIAL ARTS STUDIOS. C -1, C -2, C -M, CBD or CPD -1. (c) (c) TA 09 -04 / Ord. No. 2266 (RLUIPA) December 15, 2009 Page 5 of 7 w /CUP 9275.1.53.3. PRIVATE CLUBS, FRATERNITIES, SORORITIES AND LODGES. Excepting those the chief activity of which is a service customarily carried on as a business. R -0 R -1. R -2. R -3, CPD 1 and C -O or any loso zones. (b) w /CUP 9275.1.55. MOVIE THEATERS. CBD. C -1 or any less restrictive commercial or industrial zone. (a) & (c) w /CUP 9275.1.55.1 TRADE SCHOOLS. C -2, C -M or any less restrictive industrial zone. (c) w /CUP 9275.1.56. TUTORING CENTERS. CBD, CPD -1, C -1 or any less restrictive commercial zone. (c) Group 3 — Reasonable Accommodations Since all potential RLUIPA conflicts cannot be foreseen, the City Attorney recommends a provision to facilitate expeditious consideration of accommodations for religious or institutional uses that should not be prohibited or restricted. Staff is recommending that the City Attorney's proposed provision be placed in a new Division 4 titled, "REASONABLE ACCOMMODATIONS — FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000" in Part 1 (Purpose, Interpretation and Application) of Chapter 2 (Zoning Regulations) of Article IX (Division and Use of Land) of the Arcadia Municipal Code to read as follows: 9214. REASONABLE ACCOMMODATIONS — FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000. Deviations from the requirements and regulations specified in this Chapter may be approved if it is found by the Planning Commission or City Council that consistent with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), enforcement of a regulation results in a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless it is determined that imposition of the burden on that person, assembly, or institution accomplishes the following: Furtherance of a compelling governmental interest where the burden is found to be the least restrictive means of furthering that compelling governmental interest. PLANNING COMMISSION ACTION At its regular meeting of November 24, 2009, the Planning Commission considered Text Amendment No. TA 09 -04 and unanimously voted to recommend approval of the proposed ordinance. An excerpt of the Planning Commission Meeting Minutes is attached. TA 09 -04 / Ord. No. 2266 (RLUIPA) December 15, 2009 Page 6 of 7 ENVIRONMENTAL ANALYSIS The proposed text amendments and ordinance are exempt from the requirements of the California Environmental Quality Act (CEQA) because there is no possibility that the amendments to be effectuated by the proposed ordinance will have a significant effect on the environment. The basis for this determination is that the amendments to the Arcadia Municipal Code will either impose greater limitations on development that will thereby serve to reduce potentially significant adverse environmental impacts, or subject the applicable land uses to an individual discretionary review, which will then be subject to CEQA. The text amendments and ordinance are therefore exempt from further environmental review pursuant to Section 15061(b)(3) of the CEQA guidelines. A Preliminary Exemption Assessment is attached. FISCAL IMPACT The proposed text amendments and ordinance will have no direct fiscal impact. RECOMMENDATION The Development Services Department recommends acceptance of the CEQA exemption determination and approval of Text Amendment No. TA 09 -04 by introduction of Ordinance No. 2266: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO ADDRESS ASSEMBLY USES, SCHOOLS, TUTORING CENTERS AND THE REQUIREMENTS FOR CONDITIONAL USE PERMITS FOR SUCH USES, AND TO ADD A PROVISION FOR REASONABLE ACCOMMODATIONS OF ISSUES RELATED TO THE FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT. Approved by: Donald Penman, City Manager Attachments: Ordinance No. 2266 List of Potential RLUIPA Related Uses Planning Commission Meeting Minutes Excerpt Preliminary Exemption Assessment TA 09 -04 / Ord. No. 2266 (RLUIPA) December 15, 2009 Page 7of7