HomeMy WebLinkAboutOrdinance 1805 (Prohibit Granting Approvals Extention)ORDINANCE NO. 1805
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
EXTENDING INTERIM URGENCY ORDINANCE NUMBER 1803
PROHIBITING GRANTING APPROVALS TO, OR ISSUANCE OF
PERMITS FOR, CREMATORIUM USES PURSUANT TO CALIFORNIA
GOVERNMENT CODE §65858.
WHEREAS, pursuant to Government Code §65858, the City may, in order to protect the
public health, safety or welfare, extend an Interim Urgency Ordinance to continue to prohibit
uses that may be in conflict with a contemplated General Plan or zoning proposal that the
legislative body, Planning Commission, or the Planning Division of the Community
Development Department, is studying or intends to study within a reasonable time; and
WHEREAS, the City Council, at its meeting of June 2, 2003, enacted Interim Urgency
Ordinance No. 1803 establishing a moratorium to temporarily prohibit the grant of approvals to,
or the issuance of permits for, crematorium uses within the City of San Rafael in order that the
City Council, the Planning Commission and the Community Development Department might
review and study the current General Plan and zoning designations for crematorium uses within
the City with the intent to propose recommendations to the legislative body for its consideration
and possible amendments to the City's General Plan and Zoning Ordinance concerning the
appropriate location for these types of uses within the City; and
WHEREAS, pursuant to Government Code §65858, Ordinance No. 1803 will expire
forty-five (45) days from and after its enactment, or on July 17, 2003, unless the City Council
prior thereto enacts an ordinance extending said moratorium as expressly authorized by and
under the provisions of Government Code §65858; and
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WHEREAS, additional time is required for the Planning Division of the Community
Development Department and the Planning Commission to study and complete its review of the
current General Plan and zoning designations for crematorium uses in order to formulate
appropriate recommendations to the legislative body for its consideration of possible
amendments to the City's General Plan and Zoning Ordinance concerning the location and
operation of these types of uses within the City; and
WHEREAS, this Ordinance is hereby found to be categorically exempt from
environmental review, pursuant to the provisions of §15061(b)(3) of the California
Environmental Quality Act of 1970 Guidelines as amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Pursuant to pertinent provisions of California Government Code §65858(a), the City
Council of the City of San Rafael does hereby extend Interim Urgency Ordinance No. 1803,
adopted June 2, 2003, to prohibit any uses that may be in conflict with contemplated amendments
of the City's General Plan and/or Zoning Ordinance relating to the location and operation of
crematorium uses within the City.
SECTION 2.
For purposes of this Urgency Ordinance, "Crematorium/crematory" shall mean any
structure, business or use within which exists a facility, machine or device for the incineration of
human remains.
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SECTION 3.
The City has received numerous complaints from citizens who reside and/or own property
and/or who are employed near a crematorium use proposed to be located at 1022 "E" Street, San
Rafael (APN #11-204-01). The City has received oral testimony as well as written
communications from individual City residents and representatives of neighborhood groups and
associations presenting significant issues regarding the sufficiency of the City's current zoning
regulations to address public health, safety, and welfare concerns regarding the appropriate
location and permitting restrictions on crematorium uses proposed to be located within the City,
and particularly with reference to the previously described proposed use. In particular, the public
comments strongly suggested a need to examine whether the current General Plan and/ or Zoning
Ordinance provisions should appropriately permit location of such uses in or near residential and
commercial districts of the City and particularly near the downtown business core with its many
retail establishments, cultural venues and activities, community gathering centers, public
buildings and places of worship. These expressions of concern and opposition occurred at the
regular City Council meetings on April 7th and 21St, 2003, May 5th and 19th, 2003, as well as June
2, 2003, the date on which this moratorium was originally adopted.
The City is currently in the process of a comprehensive revision of its General Plan
during which it will examine and revise many of the current land use designations and permitted
uses for all of the lands located within its planning purview. As part of this process, the City will
study appropriate zoning district regulations for crematorium uses within the City, in order that
the public health, safety or welfare of the City's residents may be adequately protected.
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The City's current Zoning Ordinance conditionally permits crematorium uses within
several zoning districts bordering the City's downtown and surrounding densely populated
residential areas. Partially as a result of the outpouring of public opposition to the
aforementioned proposed crematorium use and staff review of the current Zoning Ordinance
provisions concerning same, and in light of the ongoing General Plan revision process, and to
afford an opportunity to examine the appropriateness of locating such uses where now allowed in
the City, and so as to preclude issuance of permits, including building permits for such uses
while the City examines and studies these issues, the City has determined it necessary to adopt
and now extend this Ordinance on such uses so as to allow time to consider a revision of the
Zoning Ordinance should it determine that such use in such districts is indeed inappropriate and
not in furtherance of the public health, safety or welfare.
Based upon the foregoing, the City Council hereby finds that there continues to exist a
current and immediate threat to the public health, safety or welfare in that approval of additional
land use entitlements, and/or issuance of building or other permits for such uses will result in
authorizing construction and operation of uses prejudicial to and potentially inconsistent with the
contemplated review and revision to the Zoning Ordinance relating to appropriate location for
such uses in the City.
SECTION 4.
Notwithstanding any other provisions of the San Rafael Municipal Code or any other
ordinances, regulations, or policies of the City of San Rafael to the contrary, no zoning or
rezoning changes, land use permits, building permits, grading permits, environmental design
review permits, other entitlements for use or environmental documents shall be approved or
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granted related to crematorium uses within the City of San Rafael while this Ordinance, or any
lawfully enacted extension thereof, remains in effect.
With regard to any zoning or rezoning changes, land use permits, building permits,
grading permits, environmental design review permits, other entitlements, or environmental
documents related to crematorium uses, which were under review by the City on the date of
adoption of Ordinance Number 1803, no building permit shall be issued in connection with any
such crematorium use within the City. City staff shall not approve and/or issue any use permits,
building permits, environmental design review permits, grading permits, zoning or rezoning
changes or any other land use entitlements relating to the construction, use or operation of a
crematorium after the date of adoption of this extension Ordinance and for so long as this
Ordinance, or any lawfully enacted extension thereof, shall remain in full force and effect.
SECTION 5.
In accordance with subsection (d) of Government Code §65858, the City Council of the
City of San Rafael, at its meeting of July 7, 2003, ten (10) days prior to the expiration of
Ordinance 1803, has issued a written report describing the measures taken to alleviate the
condition which led to the adoption of the moratorium ordinance.
SECTION 6.
The City Council may, by ordinance adopted after a duly noticed public hearing, at a
regularly scheduled Council meeting, upon the affirmative vote of four Council members,
modify, amend, delete, extend or add to this ordinance upon a finding that such action will
implement and enforce the goals, policies and purposes of this ordinance.
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SECTION 7.
Pursuant to the pertinent provisions of California Government Code §65858, this first
extension of this Interim Urgency Ordinance shall expire and shall be of no further force and
effect ten (10) months and fifteen (15) days from and after the date of its adoption or on May 22,
2004; provided, however, that after notice and public hearing, the City Council may, upon a four-
fifths (4/5) affirmative vote, extend this Interim Urgency Ordinance for one additional period of
time, not to exceed one (1) year.
SECTION 8.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
declared to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted the ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 9.
This Ordinance is hereby declared to be an urgency measure and shall become effective
immediately upon adoption by four-fifths (4/5) vote of the City Council and shall remain in full
force and effect until adoption of a superseding ordinance as more particularly prescribed in
§65858 of the California Government Code. The City Clerk is directed to forthwith publish a
copy of this ordinance with the names of the members voting for and against the same, at least
once in a newspaper of general circulation, published and circulated in the City of San Rafael.
ALB T J. 121 �ayr
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ATTEST:
JEMNE M. LEONCNI, City Clerk
I, JEANNE M. LEONCI I, City Clerk of the City of San Rafael, certify that the
foregoing urgency ordinance No. 1805 was passed by the City Council of the City of San Rafael,
California, by a vote of four-fifths (4/5) of the members thereof, at a regular meeting held on the
7`h day of July, 2003 by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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J ANNE M. LEONCINI, City Clerk