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HomeMy WebLinkAboutOrdinance 1803 (Prohibit Granting Approvals)ORDINANCE NO. 1803 AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING A MORATORIUM TO TEMPORARILY PROHIBIT GRANTING APPROVALS TO, OR ISSUANCE OF PERMITS FOR, CREMATORIA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 WHEREAS, pursuant to Government Code section 65858, the City may, in order to protect the public health, safety or welfare, enact an interim urgency ordinance 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 has recently been made aware of the application of a mortuary in the central part of the City's business district to construct and operate a crematorium in close proximity to schools, libraries, restaurants, residential neighborhoods, churches and retail stores; and WHEREAS, owners and employees of businesses and residences located near the proposed crematorium, have come forward at several Council meetings and testified to numerous potential health and welfare threats posed by the operation of the proposed crematorium, including but not limited to particulate emissions of hazardous substances, smoke, noise and odors, and have questioned the appropriateness of locating such a use in the area and zoning district proposed; and WHEREAS, the City Council desires to review and study, and to also have the Planning Division of the Community Development Department and the Planning Commission review and study, the current zoning designations for crematorium uses within the City with the intent to make recommendations to the legislative body for possible amendments to the City's zoning ordinance concerning the appropriate location 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 Section 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 the provisions of California Government Code Section 65858, the City Council of the City of San Rafael does hereby adopt this interim urgency ordinance to prohibit any uses that may be in conflict with a contemplated amendment of the general plan and/or the zoning ordinance relating to the location and operation of crematoria within the City. SECTION 2. For purposes of this interim 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. SECTION 3. The City has received numerous complaints from citizens who reside and/or own property and/or are employed near a proposed crematorium proposed to be located at 1022 `B" 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 2 location and permitting restrictions on crematoria proposed to be located within the City, and particularly with reference to the previously described proposed use. In particular the public comments strongly suggest a need to examine whether the current Zoning Ordinance provisions ought appropriately to 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 as well as on May 5th and 19th, 2003. 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 crematoria uses within the City, in order that the public health, safety and welfare of the City's residents may be adequately protected. The City's current Zoning Ordinance conditionally permits crematoria 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 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 types of 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 this ordinance to allow time to consider a revision of the Zoning Ordinance should it determine that such use in 3 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 exists 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 granted regarding 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 are under review by the City on the date of adoption of this ordinance, 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 0 crematorium after the date of adoption of this ordinance and for so long as this ordinance, or any lawfully enacted extension thereof, shall remain in full force and effect. SECTION 5. 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. SECTION 6. Pursuant to the pertinent provisions of California Government Code §65858, this interim urgency ordinance shall expire and shall be of no further force and effect forty-five (45) days from and after the date of its adoption or on July 17, 2003; 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 an additional period of time, not to exceed twenty-two(22) months and fifteen (15) days. SECTION 7. 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 8. 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 5 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. l/ RT J. B , Mayor ATTEST: JEM 1NE M. LEONCM, City Clerk I, JEANNE M. LEONCM, City Clerk of the City of San Rafael, certify that the foregoing ordinance 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 2nd day of June, 2003 by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JE M. LEONCM, City Cleric 0