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Home My WebLink AboutOrdinance 1815 (Eliminate Crematories)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1815 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 14.05.020 AND 14.05.022 OF THE SAN RAFAEL MUNICIPAL CODE TO ELIMINATE CREMATORIES AS A CONDITIONAL USE IN THE COMMERCIAL/OFFICE (C/O), RESIDENTIAL/OFFICE (RIO), SECOND/THIRD MIXED USE WEST (2/3 MUW) AND FIFTH/MISSION RESIDENTIAL OFFICE (5/M R/O) DISTRICTS AND AMENDING SECTION 14.06.020 TO ADD CREMATORIES AS A CONDITIONAL USE IN THE INDUSTRIAL (1) DISTRICT SUBJECT TO A 650 FOOT BUFFER FROM RESIDENTIAL DISTRICTS AND SCHOOLS AND DESIGN CRITERIA " is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 6th day of October, 2003. published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 20th day of October, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 29th day of October, 2003 JEAK(NE M. LEONCENI, City Clerk ORDINANCE NO. 1815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 14.05.020 and 14.05.022 OF THE SAN RAFAEL MUNICIPAL CODE TO ELIMINATE CREMATORIES AS A CONDITIONAL USE IN THE COMMERCIAL/OFFICE (C/O), RESIDENTIAL/OFFICE (R/O), SECOND/THIRD MIXED USE WEST (2/3 MUW) AND FIFTH/MISSION RESIDENTIAL OFFICE (5/M R/O) DISTRICTS AND AMENDING SECTION 14.06.020 TO ADD CREMATORIES AS A CONDITIONAL USE IN THE INDUSTRIAL (1) DISTRICT SUBJECT TO A 650 FOOT BUFFER FROM RESIDENTIAL DISTRICTS AND SCHOOLS AND DESIGN CRITERIA WHEREAS, on June 2, 2003, the San Rafael City Council adopted Interim Urgency Ordinance 1803, which established a temporary moratorium on issuance of approvals or permits for crematories; and WHEREAS, the Council's action was in response to public reaction to a Use Permit issued by the Zoning Administrator on September 4, 2002 for the addition of a crematory at Keaton's Mortuary, located at 1022 E Street in the Downtown; and WHEREAS, public concerns about crematories are based on perceived air quality impacts, potential odors and the visibility of crematory components such as an exhaust stack, which may result in psychological discomfort to nearby residents, students, employees and business clients; and WHEREAS, the San Rafael Zoning Ordinance does not differentiate between mortuaries and crematories in its land use regulations, and allows such uses in commercial districts, including the Downtown, but not in industrial districts where uses with more similar needs for combustion discharge are allowed; and WHEREAS, the amendments to the Zoning Ordinance of the City of San Rafael, California, Title 14, are based on the following findings: The proposed amendments are consistent with the provisions of General Plan 2000, including Land Use Goals LU -A ("Strengthen, preserve and enhance the unique identity and qualities of the City's neighborhoods and activity centers."), LU -13 ("Allow economic growth which supplies jobs for existing and future residents and maintains the City's ability to finance public improvements and human services; and guide such development in order to protect existing neighborhoods and natural resources.") and LU -D ("Plan adequate shopping, housing, services, transportation, utilities and public facilities to meet community needs in a cost effective and timely manner.") in that the amendments would continue to allow crematory uses, but in locations that are separated from residential neighborhoods and retail centers; and The proposed amendments would not result in negative effects to the public health, safety and general welfare of the community given that the amendments would help reduce the visibility of crematory uses and minimize negative perceptions of residents and business clients by locating such uses in more industrial districts; and WHEREAS, these amendments were considered by the Planning Commission at a noticed public hearing on September 9, 2003, and recommended for adoption by the Commission; and WHEREAS, it has been determined that these amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15105 of the CEQA Guidelines and Appendix C of the City's adopted Environmental Assessment Procedures which exempts Zoning Ordinance text amendments which do not involve specific development proposals or result in significant environmental impacts; \ql NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT MODIFICATIONS TO THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS: DIVISION 1: San Rafael Municipal Code Table 14.05.020 is hereby amended to read as follows: Type of Land GC NC O C/O R/O FBWC* Additional Use Use Regulations _. . _............... --- _. Funeral interment services (including. CZ CZ mortuaries. but excluding. crematories) MeFtwar-ies I DIVISION 2: San Rafael Municipal Code Table 14.05.022 is hereby amended to read as follows: Type of Land 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Use Funeral and CZ CZ interment services (including mortuaries, but excluding crematories) DIVISION 3: San Rafael Municipal Code Table 14.06.020 is hereby amended to read as follows: !Types of Land Use I LI/O CCI/O lAdditional Use Regulations Commercial Uses Funeral interment services Mortuaries P P P Crematories C Must be located at least 650 ft. from anv residential zoning district and/or schools. including Drivate. parochial. Dublic. nurserv, Dreschool and child day care facilities; Crematory stack and delivery entrance may not be visible from Dublic streets. 2 DIVISION 4: Ordinance No. 1805, "Urgency Ordinance Extending Interim Urgency Ordinance No. 1803 Prohibiting Granting Approvals To, Or Issuance of Permits For, Crematorium Uses Pursuant to California Government Code section 65858", is hereby repealed. The effective date of the repeal of Ordinance No. 1805 shall be the date upon which the zoning ordinance amendment adopted herein, becomes effective, November 19, 2003. DIVISION 5: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The 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. DIVISION 6: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. moi./ wI " ' ALBE J. BORO, May r ATTEST: JE NNE Ni. LEON CIN ,City Clerk The foregoing Ordinance No. 1815 was read and introduced ata Regular Meeting of the City Council of the City of San Rafael, California, held on the 6th day of October, 2003 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 20th day of October, 2003. JMEi-2%% x e'.�t- M. LEONI, City Clerk 3