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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 '2AL�o 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. 2 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. 3 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 0 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. 5 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 0 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 7 J ANNE M. LEONCINI, City Clerk