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HomeMy WebLinkAbout2397ORDINANCE NO. 2397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RELATED TO TEXT AMENDMENT NO. 23-01 AMENDING DIVISION 2 OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE TO ALLOW TUTORING AND EDUCATIONAL CENTERS IN PLACES OF RELIGIOUS ASSEMBLY THROUGH A CONDITIONAL USE PERMIT WHEREAS, the Development Services Department initiated a text amendment to amend and update various sections of the City's Development Code under Text Amendment No. 23-01 (referred to as "Text Amendment"); and WHEREAS, the Text Amendment proposed changes to Article IX, Chapter 1, of the Municipal Code pertaining to: (i) allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit as shown under Exhibit "A" of this Ordinance; and (ii) allowing more artificial turf in the front and street side yards on residentially zoned properties; and WHEREAS, on June 5, 2023, Planning Services completed an environmental review of the proposed Text Amendment and determined that it is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) of the CEQA Guidelines, where it can be seen with certainty that the Text Amendment would not have a significant effect on the environment and, thus, the proposed Text Amendment is not subject to CEQA review; and WHEREAS, on July 25, 2023, the Planning Commission held a duly -noticed public hearing and considered the Text Amendment; there was one public comment in favor of the proposed changes from one of the affected property owners with non -permitted artificial turf; and i WHEREAS, after the public hearing, the Planning Commission adopted Resolution No. 2129 with a 4-0 vote, recommending that the City Council approve the Text Amendment; and WHEREAS, on September 14, 2023, the City published notice of the City Council public hearing concerning the Text Amendment in a newspaper of general circulation (Arcadia Weekly); and WHEREAS, on October 3, 2023, the City Council held a duly noticed public hearing on the Text Amendment, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, after the public hearing, the City Council took two separate actions on the Text Amendment. The first motion was a 4-0 vote (with Councilmember Wang recused) to approve the text amendment and introduce Ordinance No. 2397 to allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit. The second motion was a 5-0 vote to approve the second text amendment and introduce Ordinance No. 2397 to allow more artificial turf in the front and street side yards on residentially zoned properties; and WHEREAS, on October 17, 2023, the City Council voted 4-0 (with Councilmember Wang recused) to approve the text amendment and re -introduce Ordinance No. 2397 to allow tutoring and education centers in places of religious assembly through a Conditional Use Permit without substantive modification but severed from the proposed text amendments to regulations on artificial turf, which the City Council voted unanimously to table for further discussion. 2 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 October 3, 2023, staff report is true and correct. SECTION 2. This City Council finds, based upon the entire record, including without limitation to the staff report and related documents presented before the City Council: 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: 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 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 3 • Policy ED-1.9: Tailor regulations to respond to market changes, maximize revenue, and maintain the appropriate business mix. 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 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 Text Amendment is internally consistent with other applicable provisions of this Development Code. FACTS: The proposed amendment is internally consistent with other applicable provisions of this Development Code in that tutoring and educational centers within places of religious assembly would be subject to a discretionary review through a Conditional Use Permit to ensure that all potential impacts will be addressed and that the proposed use would be compatible with the existing use on -site and with the surrounding business and/or community. Therefore, the Text Amendment is internally consistent with other applicable provisions of this Development Code. 4 SECTION 3. The City Council hereby determines that the Text Amendment is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) which exempts from review where it can be seen with certainty that there is no possibility that the Text Amendment may have a significant effect on the environment and thus, is not subject to CEQA review. SECTION 4. The City Council hereby adopts Ordinance No. 2397 to allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be posted per Resolution No. 7483. This Ordinance shall take effect on the thirty-first (31 st) day after its adoption. 5 Passed, and adopted this 7th day of November, 2023. Ma or of the City of Arcadia ATTEST. City Clerk APPROVED AS TO FORM: ZI/Z / / Michael J. Mauer City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2397 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 7th day of November, 2023 and that said Ordinance was adopted by the following vote, to wit: AYES: Cheng, Kwan, Cao, and Verlato NOES: None ABSENT: None ABSTAIN: Wang 7 City Clerk of the City of Arcadia [Page Left Intentionally Blank] Development Code - Division 2 — Land Use Regulations and Allowable Uses The new language is shown in " ." StAkethFOUgh for any language to deleted 9102.01.020 Land Use Regulations and Allowable Uses Amended by Ord. No. 2347 Amended by Ord. No. 2348 Amended by Ord. No. 2363 Amended by Ord. No. 2369 & 2370 A. Allowed Uses. Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) indicates the uses allowed within each residential zone and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: "P" represents permitted (allowed) uses. "A" represents accessory uses. "M" designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code. "C designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code. "- " designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. P Permitted Table 2-1 A Permitted as an Accessory Use Allowed Uses and Permit M Minor Use Permit Required Requirements for Residential Zones C Conditional Use Permit Required -- Not Allowed Land Use R-M R-0 R-1 R-2 R-3 ___ _ Other Uses Antennas and Wireless Communication _ -_ P Facilities - Co -location or Panel R-3-111 Specific Use Exception: All facilities are permitted on City- P owned properties and public rights -of -way. New standalone facilities are not permitted in N Architectural Design (D) overlay zones. Antennas and Wireless Communication -- -- -- See also Subsection Facilities - Standalone Facility -- -- -- 9104.02.050 (Antennas -- and Wireless Places of Religious Assembly -- C C C C Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Must comply with Sports Courts (Private) P P P P P P Subsection 9104.02.330 (Sports Courts in Residential Zones) Sports Courts (Private) with Lighting M M M M M M Recharging Stations A A A A A A Utility Structures and Service Facilities C C C C C C 9102.03.020 Land Use Regulations and Allowable Uses Amended by Ord. No. 2375 A. Allowed Uses. Table 2-8 (Allowed Uses and Permit Requirements for Commercial and Industrial Zones) indicates the land use regulations for Commercial and Industrial zones and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: "P" represents permitted (allowed) uses. "A" represents accessory uses. "M" designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. "C" designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. "- " designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-8 includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. Table 2.8 P Permitted by Right (1) Allowed Uses and Permit A Permitted as an Accessory Use Requirements for Commercial M Minor Use Permit and Industrial Zones C Conditional Use Permit -- Not Allowed Land Use C-0 I C-G I C-R I M-1 I Specific Use Regulations Other Uses 10 Assembly/Meeting Facilities, Public M M - M or Private See Subsection Donation Box — Outdoor M M -- M 9104.02.120 (Donation Box — Outdoor) See Subsection Drive -Through or Drive -Up Facilities - C -- C 9104.02.130 (Drive -through and Drive -up Facilities) See Subsection Extended Hours Uses C C M C 9104.02.150 (Extended Hours Uses) Places of Religious Assembly M M -- M Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Permit. Stable, Public and Private -- P -- P - P C P Allowed indoors only Reverse Vending Machines — Consumer Goods P P P P Allowed indoors only Vending Machines 9102.05.020 Land Use Regulations and Allowable Uses in Downtown Zones Amended by Ord. No. 2348 & 2356 Amended by Ord. No. 2369 & 2370 Amended by Ord. No. 2375 A. Allowed Uses. Table 2-10 (Allowed Uses and Permit Requirements for Downtown Zones) indicates the land use regulations for the Downtown zones and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: "P" represents permitted (allowed) uses. "A" represents accessory uses. "M" designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. "C" designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 09 (Conditional Use Permits and Minor Use Permits) of this Development Code. "UF" designates uses that are permitted on upper floors only, and are not allowed on the ground floor of a structure. "- ° designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-10 (Allowed Uses and Permit Requirements for Downtown Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. 11 P I Parmi#ad by Rinh4 Table 2.10 A Permitted as an Accessory Use Allowed Uses and Permit C Conditional Use Permit Requirements for Downtown Zones M Minor Use Permit.. Not Allowed (UF) Upper Floor Permitted, Not Allowed on Ground Floor Land Use CBD MU DMU CM Specific Use Regulations Subject to Site Plan and Design Utility Structures and Service Facilities P P P P Review pursuant to Section 9107.19 (Site Plan and Design Review). Other Uses Assembly/Meeting Facilities, Public or Private -- -- -- M Donation Box — Outdoor -- -- -- M Extended Hours Use M C M C See Subsection 9104.02.150(Extended Hours Uses) Places of Religious Assembly -- - -- M Tutoring and Educational Centers may e permitted as an Accessory Use under Conditional Use Permi+ Drive -Through or Drive -Up Facilities -- "- "" C See Subsection 9104.02.130 (Drive - through and Drive -up Facilities) P P P P i Allowed indoors only Reverse Vending Machines — Consumer Goods Vending Machines P P P P Allowed indoors only Urban Agriculture A A A A 11 Accessory dwellina units are subject to the development standards in Subsection 9102.01.080. 12