CC - Item 3B - Staff Report Urgency Ordinance No. 790 S E\
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report
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: 11 RANK G. TRIPEPI , CITY MANAGER
DATE: NOVEMBER 24, 1998
RE: URGENCY ORDINANCE NO. 790- A 45 DAY MORATORIUM ON THE
ISSUANCE OF ANY PERMITS OR OTHER ENTITLEMENT FOR
MORTUARY OR FUNERAL CHAPEL USES - CITYWIDE
DISCUSSION
The City Council has become aware of potential impacts associated with mortuaries and funeral
chapels and wishes to review the existing regulations governing said uses. Ordinance No.790
would impose a 45-day moratorium, during which time no applications or permits for mortuaries
or funeral chapels could he issued. During the moratorium period, staff is directed to develop
appropriate siting and development standards for these uses.
RECOMMENDATION
Waive reading in full and adopt Ordinance No. 790
COUNCIL AGENDA
N OV 2 41998
ITEM No. '$'
ORDINANCE NO. 790
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD IMPOSING A 45-DAY
MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR
OTHER ENTITLEMENTS FOR MORTUARY AND OR
FUNERAL CHAPEL USES AND DIRECTING THE
PLANNING DEPARTMENT TO INITIATE A STUDY WITH
RESPECT TO DEVELOPING APPROPRIATE ZONING
REGULATIONS GOVERNING SUCH USES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS :
Section 1 . While this ordinance remains in effect, no
building permits, design reviews or other entitlements
authorizing the establishment of any mortuary and or funeral
chapel uses shall be issued and no application for such permit (s)
shall be accepted.
Section 2 . Pursuant to the provisions of Section 65858 of
the Government Code of the State of California, this is an
urgency interim zoning ordinance. This ordinance shall take
effect immediately and shall expire forty-five (45) days
thereafter unless extended by the City Council after notice and
public hearing . The facts constituting the current and immediate
threat to the public welfare necessitating an urgency ordinance
are as follows :
The City Council finds and determines that the
moratorium imposed by this ordinance is enacted to
protect and preserve the public health, safety and
welfare of the local business community and residents
of the community pending completion of a Planning
Department review of this subject . The Council has
been made aware of inquiries regarding the
establishment of a mortuary and funeral chapel in the
City. The City wishes to review the regulatory
framework in which to consider the proper location and
development standards for such facilities . The lack of
regulations is a current and immediate threat to the
public welfare, and the approval of permits for such
uses without proper review would result in a threat to
the public welfare .
Section 3 . The City Council may grant relief from the
provisions of this moratorium ordinance upon recommendation of
the Planning Commission, subject to a finding of the following :
1 . The strict application of the provisions of
the moratorium to a particular project would result in
practical difficulties or unnecessary hardships
inconsistent with the general purpose and intent of the
moratorium; and
2 . That there are exceptional circumstances or
conditions applicable to the development that do not apply
generally to the other projects covered by this moratorium;
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and
3 . That the granting of an exception would not be
materially detrimental to the public welfare as defined
above .
Section 4 . If any provision of this ordinance is held to be
unconstitutional , it is the intent of the City Council that such
portion of this ordinance be severable from the remainder and
that the remainder be given full force and effect .
Section 5 . The Planning Department is hereby directed to
commence a study and to make recommendations it deems necessary
to strengthen the City' s ability to scrutinize applications for
the establishment of mortuaries and or funeral chapel uses .
Section 6 . The City Clerk shall certify to the adoption of
this Ordinance .
* * * * * * * * * *
PASSED, APPROVED and ADOPTED this 24th day of November,
1998 .
Mayor
ATTEST :
City Clerk
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