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HomeMy WebLinkAboutItem 10b - Text Amendment No. 23-01 amending sections of City's Development Code DATE: October 17, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Deputy Development Services Director Prepared By: Edwin Arreola, Associate Planner SUBJECT: ORDINANCE NO. 2397 RELATED TO TEXT AMENDMENT NO. 23-01 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ARTIFICIAL TURF IN RESIDENTIAL ZONES AND ALLOWING TUTORING AND EDUCATIONAL CENTERS IN PLACES OF RELIGIOUS ASSEMBLY THROUGH A CONDITIONAL USE PERMIT CEQA: Exempt Recommendation: Adopt SUMMARY At its regular meeting on October 3, 2023, the City Council introduced Ordinance No. 2397 to approve Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code to increase the allowable area for artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit – refer to Attachment No. 2. The Ordinance was approved by the City Council – refer to Attachment No. 1 for final draft of the text amendment under Ordinance No. 2397. It should be noted that Council Member Wang recused herself from the portion of the discussion regarding tutoring and educational centers, due to her involvement in that industry in Arcadia. Any vote she takes on this item should only apply to the artificial turf portion of the proposed Ordinance. ENVIRONMENTAL ANALYSIS The proposed changes to the Development Code pertaining to artificial turf in residential zones and tutoring and educational centers in places of religious assembly are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3), as it can be seen with certainty that the proposed text amendments would not have a significant effect on the environment, and thus, are not subject to CEQA review. Adoption of Ordinance No. 2397 – TA 23-01 October 17, 2023 Page 2 of 2 RECOMMENDATION It is recommended that the City Council find that the proposed action is exempt from CEQA; and adopt Ordinance No. 2397 related to Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code pertaining to artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit with a Categorical Exemption under the California Environmental Quality Act (“CEQA”). Attachment No. 1: Ordinance No. 2397 with Exhibits Attachment No. 2: City Council Staff Report (with no attachments), dated October 3, 2023 DATE: October 3, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Deputy Development Services Director By: Edwin Arreola, Associate Planner SUBJECT: ORDINANCE NO. 2397 RELATED TO TEXT AMENDMENT NO. 23-01 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ARTIFICIAL TURF IN RESIDENTIAL ZONES AND ALLOWING TUTORING AND EDUCATIONAL CENTERS IN PLACES OF RELIGIOUS ASSEMBLY THROUGH A CONDITIONAL USE PERMIT CEQA: Exempt Recommendation: Introduce and Approve SUMMARY The Development Services Department has initiated a Text Amendment for various sections of the City’s Development Code, including: 1) An amendment to increase the allowable area for artificial turf on residentially zoned properties; and 2) Allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit. It is recommended that the City Council find that this action is exempt from the California Environmental Quality Act (CEQA); introduce Ordinance No. 2397 (Attachment No. 1) and approve Text Amendment No. 23-01. BACKGROUND The subject Ordinance contains two sets of text amendments for consideration by the City Council, with one related to artificial turf and the other pertaining to tutoring and educational centers in places of religious assembly. Despite being two unrelated issues, it is common practice to present all proposed text amendments to the Development Code under the same Ordinance rather than separate processes for each individual issue. 1. Artificial Turf The first set of text amendments proposed are for an increase in artificial turf area allowed within the front and street side (corner) yard areas of residentially zoned properties. The Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 2 of 16 City originally created regulations to allow artificial turf in the front and street side yards of residential properties in 2016. This was as a result of Governor Brown signing AB 1164 into law, which prevented cities from prohibiting the installation of artificial turf, along with 23 other related bills to help with the ongoing drought in 2015. Prior to 2016, artificial turf was not permitted on residential properties in the City. Persistent drought conditions and increased requests and community interest in artificial turf has led the City to reconsider artificial turf limitations as a means of water conservation and/or landscape maintenance. Many residents felt that the permitted artificial turf amount is too restrictive and not conducive to saving water as they seek to install larger applications of artificial turf on their properties. One of the main issues the City experienced with artificial turf are properties that have installed turf areas that exceed the permitted amount. There are currently at least eight properties where artificial turf has been installed within the front yard area that exceed the permitted amount allowed by the City. One of these properties is located within the Very High Fire Hazard Severity Zone (VHFHSZ) area where artificial turf is not permitted. There have been more properties in violation of the artificial turf standards over the years, but they have since been brought into compliance. Most of the property owners who have made these installations are unaware of the artificial turf limitations and did not seek approval from the City. On some occasions, property owners face losing a large investment into their property by having to remove substantial portions of artificial turf to be in compliance with the Development Code. At the March 7, 2023, City Council Meeting, a presentation was made to better illustrate these issues and to receive direction from the City Council regarding changes to the allowed artificial turf area. The City Council was presented with the option to keep the existing policies, allow for an increased use of artificial turf as hardscape, or allow for an unlimited application of artificial turf. A recommendation was made to increase the percentage of the allowed artificial turf area while keeping the other hardscape materials capped at 40 percent (the current limitation). The City Council agreed that an Ordinance should be considered to increase the artificial turf limit and that information should be included on what other cities allow as well as any associated maintenance and environmental issues. 2. Tutoring at Religious Facilities The second change proposed to the Development Code through this Text Amendment is to allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit. In recent years, several places of religious assembly have contacted the Planning Division asking if they can lease their vacant classrooms to tutoring businesses. Arcadia has several religious properties throughout the City containing classrooms and other spaces that are underutilized, especially Monday through Friday. Places of religious assembly are often uniquely suited to accommodate tutoring and educational centers due to the complementary operating schedules, large parking lots, and available classroom space. To make better use of these spaces and generate income to support the organization, leasing these rooms to businesses such as Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 3 of 16 tutoring and educational centers has been requested. Currently, the Development Code does not allow tutoring and educational centers to operate at places of religious assembly. The only accessory uses allowed are day care centers, or schools that are run and operated by the religious organization itself. This text amendment would allow a third party to operate a tutoring and educational center at a place of religious assembly through approval of a Conditional Use Permit. If approved, the text amendment would also allow an existing, unpermitted tutoring center, TECC at the Arcadia Community Church at 121 Alice Street, to apply for a Conditional Use Permit. DISCUSSION Section 9103.09.040 of the Arcadia Development Code sets forth development standards for landscape requirements throughout the City, including artificial turf. This section is proposed to be updated to expand the amount of artificial turf permitted in the front and street side yard setbacks for residential properties. The Development Code is also being updated to allow for tutoring and educational centers at places of religious assembly in all zones, subject to a Conditional Use Permit. 1. Artificial Turf Currently, the allotted amount of artificial turf within the front and street yard areas of residential properties is regulated by two standards within the Development Code. The first requires that hardscape materials should not cover more than 40 percent of the front and street side yard areas. The Development Code categorizes artificial turf as a hardscape material along with other materials such as pavement, concrete, rocks, or similar materials. Collectively, all of these materials should not exceed the 40 percent maximum, and any remaining area within these yard spaces should be naturally landscaped. In addition to this standard, artificial turf is independently restricted to consist of no more than 15 percent of the front and street side yard areas. The application of artificial turf must comply with both standards to be permitted. Under the proposed amendment, the 15 percent limit on artificial turf within the front and street yard areas would be removed and solely regulated by the hardscape percentage. The amount of hardscape would remain at 40 percent if artificial turf is not used but would expand to a maximum of 60 percent if artificial turf is used. Additionally, any hardscape over 40 percent may only be artificial turf - refer to Attachment No. 1, Exhibit A for the entire text amendment. Artificial turf would continue to be prohibited within the public parkway and all remaining areas that are not hardscaped must be naturally landscaped. After initially considering a sliding scale that would allow a tiered artificial turf percentage for the different lot sizes in the City, specifically allowing more artificial turf for smaller lots, it was determined that a set percentage for all properties would be easier for property owners to understand and for the City to regulate. To better describe the proposal, a property maximizing the proposed changes would have at least 40 percent of the front and/or street yard areas naturally landscaped. At most, 40 percent of the front and corner yards would be hardscaped with materials that comprise the driveways and walkways. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 4 of 16 The remaining 20 percent would consist of artificial turf, with the amount potentially fluctuating between the amount of other hardscape materials. A reasonably sized area of natural landscaping could be provided, which can be blended with artificial turf and still provide adequate and functional driveways and walkways. The increase to the hardscape percentage when artificial turf is proposed was determined through review and analysis of some common issues with artificial turf in the City. Particularly, the ability of smaller lots to include a portion of artificial turf, ensuring that enough landscaped area is being provided to execute a cohesive landscape design within the street facing yards, and evaluation of existing projects with code cases. Furthermore, as requested by the City Council, the increase was compared to other cities in the area. Each of these issues is further discussed below. Currently, the 15 percent maximum of artificial turf allowed is counted towards the 40 percent maximum hardscape within the front and street yard areas. While allowing some artificial turf on lots with a width of 75 feet or greater, these limits typically prevent most smaller lots from including any artificial turf in the front yard, as the driveways and walkways account for the entire 40 percent maximum hardscape. This is demonstrated with the yard depicted in Figure 1 below. Allowing artificial turf to comprise of any of the hardscape area over 40 percent and up to 60 percent would allow these smaller lots to install at least a portion of artificial turf. Figure 1 – Narrow Lot that Cannot Apply Any Artificial Turf Under Current Standards Properties that were in violation of the artificial turf regulations were studied. The two properties shown below show examples of what properties look like with larger amounts of artificial turf and what the property owners did to bring those sites into compliance with the current regulations. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 5 of 16 Figure 2, Before – With Artificial Turf that Exceeds the Maximum Limit Figure 2, After – Artificial Turf Was Replaced with Natural Landscaping The property above in Figure 2, while providing a balance of natural landscaping and artificial turf type that meets the specifications of the code, was in violation for having over 15 percent of the front yard covered in artificial turf and was required to remove a significant portion of artificial turf to bring it into compliance. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 6 of 16 Figure 3, Before – With Artificial Turf that Exceeds Maximum Limit Figure 3, After – Artificial Turf Replaced with Natural Landscaping The property above in Figure 3 had a majority of the front yard covered in hardscape consisting of the driveway, walkway, and artificial turf with very small pockets of natural landscaping. Since the driveway and walkway areas took up 40 percent of the front yard on this narrower lot, the artificial turf was removed and replaced with natural turf to comply with the current regulations. Figure 4 below shows a comparison of the current and proposed regulations on a 25-foot front yard setback on a 75-foot wide lot, a typical lot size in the City, with a 16 foot wide Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 7 of 16 driveway (gray), a typical driveway width that leads into a two car garage. The dark green represents artificial turf, light green represents natural landscaping, the gray represents driveway, and hatched lines represent the City’s parkway (in some cases it contains a paved sidewalk). A total of 281 square feet of artificial turf (or 15 percent of the front yard) is permitted for a front yard of this size under the current regulations. A total of 725 square feet of artificial turf (or about 38.5 percent of the front yard since the driveway would take up 21.5 percent of the hardscape area) would be permitted under the proposed regulations. Any landscaping within the City’s parkway would give the adjacent front yard a sense of a larger naturally landscaped area. The diagram shows potential for artificial turf to be used with sizeable areas of natural landscaping that would allow for a comprehensive yard design and not just a large mass of artificial turf. Figure 4 - Artificial Turf Under the Current Regulations Figure 4 - Artificial Turf Under the Proposed Regulations In consideration of the smaller lots that were hindered by the current regulations, cohesive applications of artificial turf seen in some of the code cases, and the proposed hardscape limits that still provide significant portions of natural landscaping, the increase in Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 8 of 16 hardscape to 60 percent when artificial turf is proposed, was determined to be the best approach as there is no increase to other hardscape materials. This would allow more leniency in the amount of turf for sites in violation of the code, still require a generous portion of natural landscaping, and allow the front and street-side yards to remain green throughout the year. The proposed increase to the artificial turf area is in line with other cities in the San Gabriel Valley, some of which have recently updated their regulations to be even more permissive for artificial turf. Table 1 below shows what other cities allow. Table 1– Surrounding Cities Artificial Turf Regulations CITY ARTIFICIAL TURF PERCENTAGE Alhambra (updated in 2016) & Monterey Park No limit; artificial turf counted as landscaping Temple City (updated in 2023) 43% max artificial turf; minimum 22% live vegetation required Duarte (updated in 2016) and El Monte (updated in 2023) 40% max artificial turf; minimum 20% landscape required La Canada Flintridge, Sierra Madre, and Rosemead 50% max. hardscape (includes artificial turf) San Marino 45% max. hardscape (includes artificial turf) South Pasadena 30% max. hardscape (includes artificial turf) San Gabriel 25% max. artificial turf Pasadena & Monrovia Requires submittal of landscape plan – These cities do not have a maximum limit. Arcadia (current) 15% max. artificial turf; artificial turf counted as part of 40% max. hardscape Arcadia (proposed) 60% max. hardscape when using artificial turf; 40% max. hardscape for all other materials There was a wide range of artificial turf percentages throughout the various cities in the vicinity. Additionally, each city classifies artificial turf differently with some deeming artificial turf as landscaping while others deem it a hardscape material. Currently, Arcadia is one of the more restrictive cities in terms of allowed artificial turf area compared to neighboring cities. Temple City, El Monte, Duarte, and Alhambra have changed their artificial turf regulations to be more permissive since 2016. While Alhambra does not have a limit, the other cities have set a higher maximum amount of artificial turf and a minimum amount of natural landscaping in the range of 20 to 22 percent in the front and street side yard areas, which in turn allows for a larger hardscape area. In comparison, while properties in those cities could reach a hardscape area of up to 80 percent including artificial turf, Arcadia would have a maximum limit of 60 percent hardscape including artificial turf. Also, the hardscape area for all other hardscape materials would go unchanged from the current 40 percent maximum. While Arcadia would surpass the allowed percentages of some of the other cities on the list, most of those have not updated Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 9 of 16 their artificial turf regulations since the State has updated regulations in response to severe drought conditions. With the proposed changes, Arcadia would fall towards the middle among surrounding cities regarding artificial turf allotment. Similar to Arcadia, many other cities require design review to ensure the landscape plan is a well thought out. The plan must be prepared by a licensed landscape architect since it is subject to the Water Efficiency Landscape Ordinance (WELO) and must be approved by the Planning Division prior to installation or, if the property is located within one of the five designated Homeowners Association (HOA) areas, it is subject to the Architectural Review Board (ARB) Chair’s review. This would ensure that front and street side yards present a cohesive design and meet the intent of the Design Guidelines for landscaping. Additionally, through this process, Staff may ensure that there are sufficient artificial turf buffers around protected trees, which may differ on a case-by-case basis. In addition to the amendments to the hardscape percentage to allow more artificial turf, another proposed change is where the artificial turf may be placed on the property. Currently, artificial turf is not allowed to be installed within 10 feet of a sidewalk, or within 20 feet from the curb if there is no sidewalk. This means that properties that have a landscaped parkway must set any artificial turf eight feet inside the front and/or street- side property lines (because parkways are typically 12’ in width). The text amendment would change the City’s regulations to allow artificial turf beginning at one foot inside the property line. The one-foot setback would ensure the City’s Engineering Division and Public Works Department have sufficient space to complete any sidewalk or parkway improvements without damaging the artificial turf. Artificial turf would still not be allowed within the City’s public right-of-way (or public parkway/sidewalk) to ensure the City has access to utilities, street trees, and other public infrastructure and would essentially provide additional naturally landscaped areas in front of the yard areas. To ensure that the artificial turf is of high quality and durable material, the City’s regulations on artificial turf material, length, color, durability, installation, and maintenance would not change under this text amendment. This includes requiring that the turf has: • A minimum eight-year no-fade warranty • Material made from specific lead-free products • A minimum blade height of 1.5 inches • Is green in color with a tan fiber base layer and soil colored fill • Is maintained over time These requirements are verified by the Planning Division along with the submittal of a landscape plan upon the installation of the artificial turf. Code Services ensures that all yard areas are in compliance with the Development Code standards, including making sure all naturally landscaped yards and artificial turf applications are being maintained over time. Any violation of these regulations would require maintenance or replacement of the material. Figure 5 below shows the general composition of layers for an artificial turf application. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 10 of 16 Figure 5 – Artificial Turf Layer Composition Very High Fire Hazard Severity Zones (VHFHSZ) A recent change in the law with regard to fire safety also impacts the placement of artificial turf. State law prohibits installation of any non-State Fire Marshal listed petroleum-based products, such as artificial turf, within 100 feet of any structures if the property is located within a VHFHSZ – refer to Attachment No. 2 of the VHFHSZ area and Figure 6 below. Public Resources Code Section 4291 created the concept of “defensible space” in 1965 as a response to unmitigated wildfires throughout the state. The original defensible space required only 30 feet of reduction of combustible and flammable materials around the structure. In 2006, this distance was increased to 100 feet. In 2023, the State added petroleum materials to the list such as polyethylene, PVC, polypropylene, polystyrene, polyester, nylon, and acrylic. This is what artificial turf is made from since it is made of artificial fibers. These products are highly flammable, may release toxic gasses when ignited, and would hinder firefighting efforts in the event of a wildfire. Currently, there are no artificial turf manufacturers that produce California State Fire Marshal listed products for the VHFHSZ. As a result, a regulation is being added to the Development Code to make it clear to residents that artificial turf is not permitted within a defensible space area in the VHFHSZ. Restricting petroleum based artificial turf within the defensible spaces would ensure there are no fire fuels located within the vicinity of a structure in areas subject to wildfires; however, it would also effectively outlaw artificial turf in the front, rear, or side yards of many (if not most) homes in the subject area. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 11 of 16 Figure 6 – Very High Fire Hazard Severity Zone Map Non-Compliant Properties With the proposed changes and codifying of the VHFHSZ, two of the eight current non- compliant properties would become, or be nearly compliant subject to the exact percentage of hardscape area within the front yard. One of the properties currently located in the VHFHSZ would have to remove their artificial turf in its entirety. The remaining properties which contain close to 100 percent hardscape in the front yard, including artificial turf, would need to remove approximately 40 percent of the hardscape and remove any artificial turf within the public parkway to meet the new regulations. Conversely, under the current regulations, these properties would need to remove almost all of their artificial turf, as their existing pavement takes up a majority of the 40 percent maximum hardscape. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 12 of 16 Advantages of Artificial Turf Some of the advantages of using artificial turf are that it requires little maintenance, conserves water, and reduces greenhouse gas emissions and pollutants since it does not need to be mowed or fertilized. The basic maintenance for artificial turf entails raking to remove leaves and fluff up the turf blades. It is also ideal for certain areas on properties that get very little sunlight, always appears green and healthy, looks well-manicured, is manufactured to be non-toxic and non-allergenic, is typically warrantied to last between 8 to 15 years, is uninhabitable by mosquitos, fleas, and ticks, and allows water/rainwater to percolate through the turf and into the ground. An artificial turf area that is approximately 750 square feet can conserve 22,000 gallons of water per year. Additionally, since the City first established artificial turf regulations in 2016, the quality of artificial turf has vastly improved to appear realistic and allow more permeability. While it at times can be costly to install, the expense and various components that go into installing artificial turf have gotten to a point that it is just as expensive as installing normal landscaping. Disadvantages of Artificial Turf While artificial turf can be considered environmentally friendly in some regards, there are also disadvantages in using this material. One of the disadvantages of artificial turf is that it is made of rubber and plastic and can reach much higher temperatures (20 to 50 degrees higher) than the outdoor temperature causing a “heat island” effect. A 90-degree day can typically create a surface temperature of 140 degrees on artificial turf exposed to the sun. Heat islands contribute to higher daytime temperatures, reduce nighttime cooling, and can contribute to higher air-pollution levels. Most artificial turf products are also flammable. Artificial turf is not biodegradable and typically disposed of in landfills after replacement. Also, it can trap bacteria from animal droppings. Although artificial turf does not require the same level of maintenance as natural turf, it does require detailed spot cleaning including washing and scrubbing if stained with any fluids or debris. Despite these disadvantages, artificial turf installation has been improved to now provide products which may reduce the overall heat island effect through the implementation of natural fills that do not heat as quickly and prevent odor and bacteria from animals. Additionally, the installation and maintenance regulations in the Development Code are in place to ensure no additional issues arise with the quality of the artificial turf being used. While there are pros and cons to installing artificial turf, many residents in the City would like to install more artificial turf to meet their preferences and needs. Given that the State has experienced years of drought and that many residents are trying to do the right thing by conserving water, relaxing the standards to allow more artificial turf would give property owners the option to be more flexible and creative with their landscape design while still ensuring that a natural landscape is the prominent streetscape in the community. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 13 of 16 2. Allowing Tutoring and Educational Centers as an Accessory Use to Places of Religious Assembly Currently, the Development Code does not allow any accessory uses at places of religious assembly other than day care centers or part-time or full-time schools, which are incidental to the place of worship. Places of religious assembly are often used only one or two days per week, on weekends, and contain large spaces suitable for gatherings and classroom style teaching. Tutoring and educational centers typically operate throughout the week, after school hours. This means the two uses would be compatible with one another as they would occupy the same space at different times throughout the week. Being able to rent the otherwise underutilized space provides opportunities for places of religious assembly to generate income, allowing for ongoing financial stability. Many places of religious assembly continue to suffer from reduced attendance after COVID-19 and need ongoing income to maintain their services and buildings. Places of worship also tend to have large parking lots and queueing areas for cars, which addresses the main concern of tutoring facilities that can create traffic impacts during drop-off and pick-up times. The proposed text amendment would allow tutoring and educational centers as an accessory use at places of religious assembly in all zones, subject to the approval of a Conditional Use Permit. Tutoring and educational uses require the approval of a Conditional Use Permit to operate within other zones throughout the City. A Conditional Use Permit would ensure that such a business would be suitable for the space it is occupying, that the hours of operation would not create any issues with the primary use or neighboring properties, that there would be sufficient parking and drop-off areas on site, and that the tutoring or educational center would not create any potential impacts. Conditional Use Permits are subject to public hearings at the Planning Commission under all circumstances. PLANNING COMMISSION HEARING The Planning Commission held a public hearing on July 25, 2023, on the proposed text amendments. There was one public comment in favor of the proposed changes from one of the affected property owners with non-permitted artificial turf. After much discussion, the Planning Commission was in favor of increasing the artificial turf area to the proposed amount within the front and street side yard areas, and believed the site plan and design review process would ensure a cohesive and detailed landscape design inclusive of artificial turf. The Planning Commission had no issues with allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit and were unanimously in favor of the amendment (refer to Attachment No. 3 for the Excerpt of Planning Commission Minutes). Following the discussion, the Planning Commission voted unanimously to adopt Resolution No. 2129 recommending that the City Council approve the proposed text amendments. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 14 of 16 FINDINGS Pursuant to Section 9108.03.060, an amendment to the Development Code may be approved only if all of the following findings are made: 1. The proposed Development Code amendment is consistent with the goals, policies, and objectives of the General Plan and any applicable specific plan(s). Facts to Support the Finding: The proposed amendments are consistent with the policies of the General Plan, which serves as a guide to address the long-term physical development and growth of the City. The proposed amendment to allow more artificial turf on residentially zoned properties will ensure that the urban design practices will further reduce water consumption, pollution, and greenhouse gas emissions and support the needs of the City residents with the following General Plan goal and policies: Resource Sustainability Element • Goal RS-4: Wise and sustainable water use practices that respond to and support the needs of City residents and businesses. • Policy RS-4.3: Require that applications for major new development projects address the adequacy and reliability of water supplies as described in SB 610. • Policy RS-4.6: Implement aggressive public and private programs to reduce water use and water waste associated with landscape irrigation, including the planting of native and drought-tolerant plants, use of efficient irrigation systems, and collection and recycling of runoff. The proposed amendment to allow tutoring and educational centers to serve as accessory uses at places of religious assembly through a Conditional Use Permit process is consistent with the General Plan because it encourages the City to tailor its regulations to respond to the market as it changes, maximize revenue, and maintain appropriate business mix and to provide economic opportunities for the various uses in the City. Allowing tutoring and educational centers would be an appropriate mix of uses within a place of religious assembly since many of these religious facilities already offer this type of service or programs through their ministry and have the facility to accommodate such use. This proposed amendment is consistent with the following General Plan goal and policies: Economic Development Element • Policy ED-1.9: Tailor regulations to respond to market changes, maximize revenue, and maintain the appropriate business mix. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 15 of 16 Land Use Element • Goal LU-1: A balance of land uses that preserves Arcadia’s status as a Community of Homes and a community of opportunity. • Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. The proposed amendment to the artificial turf regulations is consistent with the City’s General Plan because it puts measures in place that will promote water conservation through landscaping. The proposed amendment to allow tutoring and educational centers in places of religious assembly will help the existing religious organizations provide other opportunities that are currently compatible with their existing operation. Therefore, the proposed Text Amendment and ordinance are consistent with the City’s adopted General Plan and any applicable specific plan(s). 2. The proposed amendment is internally consistent with other applicable provisions of this Development Code. Facts to Support the Finding: The proposed amendments are internally consistent with other applicable provisions of this Development Code in that artificial turf is currently allowed on residentially zoned property. The amendment would only increase the percentage to allow more, while also amending the applicable provisions concerning the installation, specification of the products, and provisions to ensure that it is a well thought out design. Other provisions regarding landscaping and hardscape materials will remain the same. As for the amendment to allow tutoring and educational centers within places of religious assembly, it will also be internally consistent with provisions of the Development Code because any approval would be subject to a discretionary review through a Conditional Use Permit to ensure that all potential impacts are addressed and that the proposed use is compatible with the existing on-site use, and with the surrounding business and/or community. Therefore, the Text Amendment is internally consistent with other applicable provisions of this Development Code. ENVIRONMENTAL ANALYSIS The proposed changes to the Development Code pertaining to artificial turf in residential zones and tutoring and educational centers in places of religious assembly are exempt from the requirements of CEQA pursuant to Section 15061(b)(3), as it can be seen with certainty that the proposed text amendments would not have a significant effect on the environment and, thus, are not subject to CEQA review. See Attachment No. 4 for the Preliminary Environmental Assessment. Text Amendment No. 23-01- Ordinance No. 2397 October 3, 2023 Page 16 of 16 PUBLIC COMMENTS/NOTICE The public hearing notice for this City Council meeting was published in the Arcadia Weekly on September 14, 2023. As of September 29, 2023, staff did not receive any additional concerns or comments from the public. There was one public comment on the proposed Text Amendments from the Planning Commission Hearing on July 25, 2023, in favor of the proposed changes from one of the affected property owners with non-permitted artificial turf. On June 28, 2023, a letter was sent to all the affected property owners that have non- permitted artificial turf and to the five City designated Homeowners Association Presidents and Architectural Review Board Chairs. This letter was sent to inform recipients of the proposed change, and to date, no comments in opposition to the proposed amendments have been received. FISCAL IMPACT The proposed text amendments would have no significant fiscal impact on the City’s budget. RECOMMENDATION It is recommended that the City Council find that the proposed action is exempt from CEQA; and Introduce Ordinance No. 2397 to approve Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code to increase the allowable area for artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit. Attachment No. 1: Ordinance No. 2397 Exhibit A – Development Code, Division 2 – Land Use Regulations and Allowable Uses Exhibit B – Development Code, Division 3 - Landscaping Exhibit C – Development Code, Division 9 - Definitions Attachment No. 2: Map of the Very High Fire Hazard Severity Zones Attachment No. 3: Excerpt of the Planning Commission Minutes, dated July 25, 2023 Attachment No. 4: Planning Commission Resolution No. 2129 and Staff Report, dated July 25, 2023, including all the attachments Attachment No. 5: Preliminary Exemption Assessment