§ 21.52.219.8. Community assembly uses.  


Latest version.
  • Community assembly uses shall be located, developed, and operated in compliance with the following standards:

    A.

    In a residential zone:

    1.

    The proposed use may consist only of an expansion of an existing facility on the site or on the abutting site; and

    2.

    The site shall be limited to forty thousand (40,000) square feet in size;

    3.

    A long-range development plan consistent with the requirements of Section 21.34.020 shall be submitted for Planning Commission review and approval for any new or expanded use on any site larger than forty thousand (40,000) square feet. New construction and additions with five thousand (5,000) square feet of floor area or more must be consistent with the long-range plan.

    B.

    Any proposed addition or new construction shall conform to the development standards required for principal uses within the district.

    C.

    Any new construction or additions with five thousand (5,000) square feet of floor area or more shall be subject to site plan review pursuant to Chapter 21.25, Division V.

    D.

    A buffer at least twenty (20) feet in width shall be provided adjacent to the boundary of any residential zone or property line of any residential use. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities. The minimum buffer requirement may be reduced subject to the review and approval of a Conditional Use Permit pursuant to Chapter 21.25, Division II, as long as the reduced buffer maintains the minimum setback requirement of the district in which the facility is located. Parking areas shall be screened consistent with the requirements of Chapter 21.42.

    E.

    Outdoor areas used for recreation, meetings, services or other activities involving groups of persons shall be at least fifty (50) feet from the boundary of any residential zone or property line of any residential use.

    F.

    Parking shall be provided in accordance with Chapter 21.41.

    G.

    To ensure compliance with the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), the Planning Commission or the Zoning Administrator shall have the authority to grant exceptions and waivers to the requirements of this Code when necessary to accommodate religious assembly uses.

    1.

    A request for an exception or waiver shall be submitted and processed in the same manner as an application for an Administrative Use Permit consistent with the requirements of Chapter 21.25, Division IV, Administrative Use Permits.

    2.

    If necessary to reach a determination on the request for exception or waiver, the Zoning Administrator may request further information from the applicant, specifying in detail what information is required.

    3.

    Findings required. The following findings must be analyzed, made and adopted before any action is taken to approve or deny a request for a modification or waiver and must be incorporated into the record of the proceeding relating to such approval or denial:

    a.

    The requested exception or waiver will not impose an undue financial or administrative burden on the City.

    b.

    The requested exception or waiver will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.

    c.

    There are no alternatives to the requested waiver or modification that could provide an equivalent level of function related to religious worship with less potential detriment to surrounding owners and occupants or to the general public.

    d.

    That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest.

    e.

    That denial of the requested exception or waiver would impose a substantial burden on religious worship or would conflict with any State or federal statute.

    f.

    For religious assembly uses located in the coastal zone, a request for reasonable accommodation under this Section shall be approved by the City if it is consistent with all of the applicable provisions of this Division, and the certified Local Coastal Program. Where a request for a modification or waiver is not consistent with the certified Local Coastal Program, the City may waive compliance with an otherwise applicable provision of the Local Coastal Program and approve the request for reasonable accommodation if the City finds that the request is consistent, to the maximum extent feasible, with the certified Local Coastal Program.

    4.

    Conditions of approval. In approving an exception or waiver to accommodate religious assembly use, the decision-maker may impose any conditions deemed necessary to:

    a.

    Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

    b.

    Achieve the general purposes of this Section or the specific purposes of the zoning district in which the project is located;

    c.

    Achieve the findings for an exception or waiver granted; or

    d.

    Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.

    5.

    Exceptions or waivers approved pursuant to this section may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance. To ensure this, the property owner shall record a covenant demonstrating that the improvement with which the exception or waiver is associated shall be removed or modified to comply with City regulations at the expense of the property owner when said circumstance or occupancy changes.

    6.

    Appeals. The applicant or any aggrieved party may appeal decisions pursuant to this section or any conditions or limitations imposed by the Zoning Administrator.

    a.

    All appeals shall contain a statement of the grounds for the appeal.

    b.

    Appeals shall be to the Planning Commission, in accordance with Division V of Chapter 21.21 - Administrative Procedures.

( ORD-18-0030 § 14, 2018)