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HomeMy WebLinkAbout818-A - OrdinancesORDINANCE NO. 818-A AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, EXTENDING INTERIM ORDINANCE N0.818, PROHIBITING CREMATORIES IN ALL LAND USE ZONES AND PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR SUCH USES WITHIN THE CITY OF RANCHO CUCAMONGA, AND DECLARING THE URGENCY THEREOF. A. Recitals (i) On August 5, 2009, the City Council adopted Interim Ordinance No. 818, prohibiting the establishment of human and animal crematories, as defined therein, in any zone of the City of Rancho Cucamonga, pursuant to the authority set forth in California Government Code Section 65858. Said Ordinance is valid for 45 days unless extended pursuant to the foregoing Code section. (ii) On September 02, 2009, the City Council conducted a duly noticed public hearing concerning the extension of Interim Ordinance No. 818. At least 10 days prior tc the expiration of Ordinance No. 818, the City Council issued a report as described in Government Code Section 65858(d). (iii) Pursuant to the authority set forth in Government Code Section 65858(a), it is the intent of the City Council in adopting this Interim Ordinance to extend Interim Ordinance No. 818 and to continue the current prohibition against the establishment of human and animal crematories, as defined hereafter, in any zone of the City of Rancho Cucamonga, based upon the findings set forth below. (iv) The Rancho Cucamonga- Municipal Code currently allows the establishment and operation of crematories in Subareas 4 and 6 of Industrial Districts upon approval of a Conditional Use Permit ("CUP"). These regulations were adopted over 20 years ago, and since then, the City has experienced a significant growth in the amount of commercial, retail, research and office development, which has resulted in a dramatically different built environment than that which existed at the time the existing land use regulations were studied and adopted. No crematory has operated in the City during this time and the City therefore has no direct experience with the impact that such a use might create. (v) Subarea 6 is adjacent to the Haven Overlay District, for which the General Plan and the Development Code specify progressive and sophisticated urban style architecture and multi- story office buildings that function as the City's central business corridor. In the past several years, the City has witnessed the partial fulfillment of this visionary goal with the construction of several office parks along Haven Avenue and the leasing of office space to tenants for whom their location along a major boulevard is vital to their corporate image. The City is presently updating its General Plan and is studying ways to further strengthen and enhance its development goals, including the role of the Haven Overlay District as the City's primary urban corridor. (vi) The establishment of a crematory before the City has a chance to study their potential impacts and appropriate ways to condition or regulate crematories to mitigate such impacts would result in adverse impacts and constitute a nuisance to surrounding land uses and present a risk to public safety, health, and welfare to the general public. (vii) The City's Planning staff is presently studying the land use and environmental impacts that crematories generate including, but not limited to, air quality. This study will be completed within a reasonable time and shall determine whether crematories should continue to be allowed with a CUP within Subareas 4 and 6 of the Industrial District, and if so, what regulations, conditions and mitigation measures would be appropriate for such uses. Therefore, the City Council finds that it is necessary that this Interim Ordinance be immediately enacted and effective concurrent with the expiration of Interim Ordinance No. 818 to ensure that no human or animal crematories that may be in conflict with any new development policies or the General Plan update are permitted in the interim. (viii) Based upon Recital Nos. (iv) through (vii), above, the City Council finds that there is a current and immediate threat to the public health, safety and welfare presented by the establishment and operation of human and animal crematories until a complete land use analysis and potential impacts on adjacent land uses are evaluated. Therefore, the City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that the current prohibition against the establishment and operation of human and animal crematories be extended. The City Council further finds and declares that this Interim Ordinance must be enacted as an urgency ordinance pursuant to Government Code Section 65858 and take effect concurrent with the expiration of Interim Ordinance No. 818 based upon urgency. (ix) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct and, based on such facts and the entirety of the record before it, further finds as follows: a. The establishment or operation of new crematories within the City before the City has an opportunity to study their potential negative impacts and the way in which such impacts might be mitigated is a current and immediate threat to the public health, safety, or welfare. b. The approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use that is currently required in order to establish or operate a crematory would result in that threat to public health, safety, or welfare. Section 2. The City Council hereby extends the current interim prohibition on the establishment, development, construction, maintenance, or operation of crematories in all zones of the City, as established by Interim Ordinance No. 818. For purposes of this Ordinance, the term "crematory" shall mean any facility or establishment of any nature that disposes of human or animal remains by means of cremation, but not including cemeteries, as "cemetery" is defined by the City's Development Code. Section 3. Notwithstanding any other ordinance or provision of the Municipal Code of the City of Rancho Cucamonga, no person shall establish, develop, construct, maintain, or operate a crematory, and no application for a building permit, conditional use permit, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any crematory shall be approved during the term of the prohibition established in Section 2, above. Ordinance No. 818A -Page 2 of 4 Section 4. This Interim Ordinance shall become effective concurrent with the expiration of Interim Ordinance No. 818, and the prohibition established hereby shall terminate, ten (10) months and fifteen (15) days after said effective date unless extended by the City Council pursuant to California Government Code Section 65858. Section 5. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the prohibition established hereby, may have a significant effect on the environment, because the Ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. Section 6. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. Section 7. Civil Remedies. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Section 8. Severabilitv. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 9. The City Clerk shall certify to the adoption of this Ordinance. Please see the following page /or lormal atlopiion, certification and signatures Ordinance No. 818A -Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 2"d day of September 2009. AYES: Gutierrez, Kurth, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None Donald J. Kurth, AyI D., Mayor ATTEST: u~z.. nice C. Reynolds, Cit Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Urgency Ordinance was introduced and adopted at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 2nd day of September 2009. Executed this 3`d day of September 2009, at Rancho Cucamonga, California. O~~r.~ ~ ~i~~-e~- ~nice C. Reynolds, Cit Clerk Ordinance No. 818A -Page 4 of 4