HomeMy WebLinkAbout2266ORDINANCE 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repealed: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.
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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 governmental 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:
Passed, approved and adopted this 5th day of January 2010.
(-
ity Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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M yor of the City of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2266 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 5th day of January, 2010 and that said Ordinance
was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Kovacic and Wuo
NOES: None
ABSENT: None
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City Clerk of the City of Arcadia
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