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repealed: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.
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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.
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ATTEST:
City Clerk
Passed, approved and adopted this day of 2010.
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
1). 1)-eiZa
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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
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