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HomeMy WebLinkAboutItem 1b: Public Hearing: Ordinance 2266 - Federal Religious Land Use and Institutionalized Persons Act of 2009STAFF REPORT Development Services Department DATE: December 15, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director - 3 1 - 4 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 C -2 9263.1.27. C -2 9263.1.34. C -2 9263.1.40. CBD w /CUP 9264.2.9.6. Any w /CUP 9275.1.12. Any w /CUP 9275.1.26. 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.) 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.) 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. 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. Group 2 — Uses to be Added or Amended 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.) 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 Tess 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 Tess 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.) 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. Use Purpose CBD w /CUP 9264.2.9.13. Movie Theaters. (a) C -C 9268.1.4. 9275.1.3. Any w /CUP 9275.1.35. SAME. (Uses Permitted) Auditoriums, Theaters, Performing Arts Centers, Churches, Libraries, Art Galleries, Meeting Rooms and other Cultural Facilities. S-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 therefer-e-pr-evieled-in-this-DiviSiORT (d) SAME. (Conditional Uses Permitted in Any Zone) Schools, academic/scholastic, elementary, middle /iunior -high, or high, including kindergarten and prekindergarten or nursery schools/chi /d -care centers, conductod in Except in the C -M, M -1 or M -2 Zones. w /CUP 9275.1.37.1.1. ART STUDIOS. C -1. C -2, C -M. CBD or CPD -1. w /CUP 9275.1.44.1.1. DAY -CARE CENTERS. C -2. w /CUP 9275.1.50.3. MARTIAL ARTS STUDIOS. C -1, C -2, C -M, CBD or CPD -1. w /CUP 9275.1.51. MORTUARIES. S-9 C -2 or C -M am -less (b) (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 Icsc zones. Group 3 — Reasonable Accommodations PLANNING COMMISSION ACTION (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) 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. 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 7 of 7 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. 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 less 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 less restrictive commercial or industrial zone. 9275.1.55.1. TRADE SCHOOLS. C -2, C -M or any less restrictive industrial zone. 9275.1.56. TUTORING CENTERS. CBD, CPD -1, C -1 or any less 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 4 Mayor of the City of Arcadia Potential RLUIPA related uses Any use by an organization, association or corporation which is organized and carried on wholly for the benefit of religious, charitable, educational, recreational or scientific purposes, and from which no individual person other than bona fide employees and assistants necessarily employed receives any gain, remuneration or profit, including veterans' associations and corporations, and including any City, County, State, Federal, Governmental, Political, public or quasi public unit, body, agency and entity, for periods not to exceed five (5) consecutive days, or a total of ten (10) days in any one calendar year. (S -1) Adult Entertainment Establishments (M -1 & M -2) Art Galleries (CBD) Auditoriums, Theaters, Libraries, Art Galleries, Meeting Rooms and other Cultural Facilities (C -C *) Barbecues (S -1) Churches (w /CUP in R -0, R -1, R -2, R -3 & C -O) Community Buildings and Libraries (w /CUP in any zone) Conventions (S -1) Dancing (S -1) Educational /tutoring centers, not located on the ground floor along Huntington Drive and First Avenue (w /CUP in CBD) Funeral Parlors (w /CUP in C -2 or Tess restrictive commercial zone) Health Clubs (w /CUP in CPD -1, CBD & C -1 or less restrictive commercial zone) Indoor Swap Meets (w /CUP in C -2 or less restrictive commercial zone) Karaoke and /or Sing -along (w /CUP in C -2 or Tess restrictive commercial zone) Martial Arts Studios (w /CUP in CBD & in any zone as a school not elsewhere specified) Mortuaries (w /CUP in C -O or less restrictive commercial or industrial zone) Music Conservatories (C -2) Nursery Schools, day nurseries, preschool nurseries, childcare centers and day care centers (w /CUP in any zone) Pageants (w /CUP in any zone) Picnics (S -1) Proposed Amendments No change No change No change * There are no areas currently zoned C - C. cont'd Add churches No change No change Incorporate w /Publicly owned No change No change Delete /Repeal Delete /Repeal No change No change No change No change Change to w /CUP in C -2 or C -M Make same as churches Incorporate w /Schools Delete /Repeal No change 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. (w /CUP in CPD -1 & any zone) Private Clubs, Fraternities, Sororities, Lodges. Excepting those the chief activity of which is a service customarily carried on as a business. (w /CUP in R -3, CPD -1 & C -O or Tess restrictive commercial or industrial zone) Public Buildings (w /CUP in any zone) Public Recreation Centers (w /CUP in any zone) Publicly owned and operated establishments or enterprises specified in the following subsections: Public parks, Public playgrounds, Public administrative buildings, Civic centers, Utilities publicly owned and operated, Accessory buildings and uses incidental to any of the uses specified in this Title (S -2) and Any similar public enterprise not here enumerated when so determined as provided in Part 1 of this Chapter (Purpose, Interpretation, Application, Omission or Ambiguity) (S -2) Schools, elementary or high, including kindergarten schools, conducted in conjunction with an elementary school (w /CUP in any zone) Schools — All schools not elsewhere specified in this Chapter (Zoning Regulations) (w /CUP in any zone) Studios, except motion picture (C -2) Theaters (w /CUP in CBD, C -1 or less restrictive commercial or industrial zone) Trade Schools not objectionable due to noise, odor, dust, smoke, vibrations, or other similar causes (C -2) Tutoring Centers (w /CUP in CBD & in any zone as a school not elsewhere specified) Wedding Chapels (w /CUP in C -2 or less restrictive commercial or industrial zone) Delete /Repeal Make same as churches No change Incorporate into next category Add Public Recreation Centers Community Bldgs & Libraries Make same as churches Delete /Repeal Delete /Repeal Change to "Movie Theaters" & delete industrial zone Change to w /CUP in C -2, C -M & industrial zones Change to w /CUP in C -1 or Tess restrictive commercial zone Delete /Repeal MINUTES ARCADIA PLANNING COMMISSION Tuesday, November 24, 2009, 7:00 P.M. Arcadia City Council Chambers EXCERPT PUBLIC HEARING 1. TEXT AMENDMENT NO. TA 09 -04 — Citywide Consideration of Text Amendment No. TA 09 -04 for a proposed ordinance to amend 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. Community Development Administrator, Jim Kasama, presented the staff report. Mr. Deitsch explained that the impetus for this Text Amendment is a Federal statue called Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) which requires that cities avoid imposing undue burdens on the exercise of religion. Mr. Deitsch further noted that the city already has land use ordinances that limit placement of new religious institutions to residential and commercial office zones only and which also require a Conditional Use Permit. Since the city is already well - developed, it is questionable how easy it would be for a religious institution to find a new location within the city. In addition, the current zoning scheme allows other uses typical of assembly in areas where religious uses are not permitted, thus raising the question of equal protection. The proposed Text Amendment will amend the code to address these issues. Chairman Parrille asked about the reference in Section 9214 to religious exercise of a "person" as opposed to a church or organization. Mr. Deitsch said that there is no significant difference in meaning between these terms. Commissioner • Baderian asked if the regulations in the Text Amendment would supersede existing regulations in regard to eminent domain. Mr. Deitsch explained that the ordinance before the Commission today is related to land use only and does not directly relate to eminent domain. Commissioner Baderian asked if the Text Amendment was initiated in response to the letter of September 4, 2009. Mr. Kasama explained that a church was searching for a location in the City and the letter that Commissioner Baderian referred to pointed out discrepancies in regulations related to assembly uses. Consequently, this Text Amendment was developed to resolve these issues. Mr. Kasama also explained that this Text Amendment is consistent with the regular updating of Zoning Regulations. Commissioner Hsu asked if the proposed regulations are in line with the spirit of the General Plan Update or if there will be a conflict. Mr. Kasama explained that these regulations are consistent with the General Plan Update. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to recommend approval of Text Amendment No. TA 09 -04 to the City Council. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None 1. Name or description of project: Text Amendment No. TA 09 -04 for a proposed ordinance to amend 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. 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7W topographical map identified by quadrangle name): Citywide 3. Entity or person undertaking project: 1. Public Entity: Development Services Department 2. Other (Private): (1) Contact Name (2) Contact Address 4. Staff Determination: The City, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)," has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ❑ The project is categorically exempt. Applicable Exemption Class: f. ❑ The project is statutorily exempt. Applicable Exemption: g. El The project is otherwise exempt on the following basis: There is no possibility that the proposed text amendments will have a significant effect on the environment, and therefore they are exempt from the requirements of the Califomia Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: November 5, 2009 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Preliminary Exemption Assessment \ City of Arcadia \ 2009 Staff: Jim Kasama, Community Development Administrator FORM "A"