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CC - Item 2A - Staff Report – Ordinance No. 791 Extension of Moratorium for Mortuary or Funeral Chapel M F /6 ( 9\ \r, O/ st of eport TO: HONORABLE MAYOR AND MEMBERS OF ROSEMEAD CITY COUNCIL FROM: FRANK G.TRIPEPI , CITY MANAGER _H DATE: NOVEMBER 25, 1998 v RE: ORDINANCE NO. 791 -EXTENSION OF MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR OTHER ENTITLEMENTS FOR MORTUARY OR FUNERAL CHAPEL USES - CITYWIDE DISCUSSION On November 24, the City Council adopted Urgency Ordinance No.790, which imposed a 45- day moratorium on the establishment of mortuaries and/or funeral chapels within the City. Although staff has begun reviewing other jurisdictions' development standards, more time is needed to develop standards appropriate to Rosemead, conduct the required Planning Commission public hearing, and make a recommendation to the City Council. Ordinance No.791 will extend the existing moratorium an additional ten months and fifteen days. RECOMMENDATION • Waive reading in full and adopt Ordinance No. 791 COUNCIL. AGENDA DEC 081998 • • ITEM No. 2E'A. \ J ORDINANCE NO. 791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 790 WHICH IMPOSED A MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR MORTUARY AND OR FUNERAL CHAPEL USES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION I. The City Council finds. determines and declares: (A) On November 24, 1998 the City Council considered and unanimously passed Ordinance No. 790 which imposed a 45-day moratorium on the issuance of any permits or entitlements for mortuary and or funeral chapel uses in the City; and (B) In order to continue Ordinance No. 790 in effect it is necessary to adopt this Ordinance extending Ordinance No. 790 for an additional ten months and fifteen days; and (C)On December 8, 1998 the City Council conducted a duly noticed public hearing regarding the proposed extension of the moratorium imposed by Ordinance No. 790; and (D) The City Council has received a report from the city staff that recommends that the moratorium be continued for an additional ten months and fifteen days to allow for Planning Department and Planning Commission review and recommendations to the City Council. SECTION 2. Ordinance No. 790.duly adopted by the City Council on November 24, 1998, is hereby extended for the period of ten months and fifteen days from the date of adoption hereof SECTION 3. The City Council hereby finds that there exists a current and immediate threat to the public safety, health and welfare should this interim ordinance not be enacted to extend Ordinance No. 790 in that the lack of current development regulations for such uses is a current and immediate threat to the public safety, health and welfare, and the approval of permits for such uses, without public input and proper regulations regarding the siting and development of such uses would result in a threat to the public safety, health and welfare. 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. h # # # # k * * * * * * PASSED, APPROVED and ADOPTED this 8th day of December, 1998 Mayor ATTEST: City Clerk 2 1 Li MAYOR- ROBERT AYOR- IV 411114 (P It 1k:1501-Cali oBERT w BRUEFC« MAYOR PRO TEM. .OEVASQUEZ COUMcaMEMBERs: 1 0639 E VALLEY BOULEVARD P.O. BOX 399 1.1ARCARET CLARA '+[• ROSEMEAD.CALIFORNIA 91770 JAY T DA ERIAL TELEPHONE(626)289.6671 GARY TAYu1R FAX(626)3079218 COUNCIL MEMORANDUM FROM: CITY MANAGER .P a'9 DATE: DECEMBER 7, 1998 RE: MORATORIUM ON MORTUARIES Attached is a letter addressed to the Mayor regarding the issue of Rose Hills developing the property on Del Mar Avenue. The letter was delivered by an individual who identified himself as the son of the property owner, Charles Hsias (pronounced "shawl. Dumber 7th, 1998 Mayor Robert Bruesch bg38 E. Valley Blvd Rosemead, CA 91801 Mayor Robert Brucschi 1998 board meeting, (whereby a 45 day moratorium was 24th,Pursuant Ave), am requesting that you imposed on the Novembereopm29 el Mar ' ), imposed the development at 3220&3_-4 D reconsider your decision. In the last several weeks, a single concerned property owner, Laura Hsu has held the entire a few demonstrations at the city meetings and�or oe myp developing process hostage by organizing mobilized a[ndl on my property,`"'hick incidentally recently received gralfatti. She has yetew a majority of those individuals neither rhe city. rsent tive of the ethnic support her ofcaRinstances residentso] sseIn no sed Rose Hills purchase, Ms. Hsu,who possesses the ethnic population of Rosemead nor in many various background attempting n to knowledge discredit the proposed business,has brought up e or experience of the funeral which Rose Hills has points such amowffdg chemical problems, points such as traffic congestion, noise, successfully defended in its overall design and meetings with you. would be devalued and hurt if a mortuary were to be built,I am enclosing a list Furthermore, contrary to Ms. Hsn's contention that her property busioesseslemplo}mentwpuld be of funeral homes in the Rosemead vicinity'. 1) Pierce Brothers-1140 E. Las Tunas Drive San Gabriel Las Tunas as 18 commercial area,ondohhasthe This funeral home built either in 1958 or 1966 has a big 18 unit fully rented condo comp eS nest to it. It is located in the center of the La� Lucky Supermarket shopping center across the street. 2)Turner &Stephens-550 E . Main Street Alhambra Located since 1919,this funeral home lies adjacent to an AT&T office and across the street Isom a shopping center that has Ralph's and Say-on as anchor tenants.The new L.A. Fitness that opened a few months ago is only a few stores away. 3) Universal Chung Wall 225 N. Garfield Ave. Alhambra(A subsidiary of SC[, the largest company in the mortuary service industry) The manager of this funeral home attends the 1,000 person Chinese Church directly across the street from the mortuary with Ms. Hsu. Potentially, this manager, having failed to buy the property from me, advised Ms. Hsu and her friends how to limit competition in the Rosemead area. Additionally, across the street of this funeral home, a Montessori Children Center with approximately 100 students ages 2-6 attend. Many of my friends'children graduated from this school in the last 20 years. The Principal, Ms. Cindy Ramirez, who has worked in the area for more than 20 years can more accurately tell you about the effects of living next to a funeral home, than Ms. Hsu and her friends, who have probably never lived near a funeral home in their lives. Ms Ramirez can provide a more accurate account of the supposed dangers of chemical smells, bacteria and other alleged problems. Furthermore, there are many businesses such as restaurants, Salon, clinics at the corner of Main Street, which are only 2 blocks away from the Funeral Home. 4) Church of Our Saviour Episcopal 535 W. Roses Ave. San Gabriel It has a big graveyard in the church ground, which is surrounded by many, many expensive San Marino and San Gabriel Homes. There are more funeral homes in this San Gabriel Valley, which like the forementioned ones, have had a positive correlation to business growth and property values. None of these properties after completion received complaints regarding traffic congestion,public health, safety or welfare. Additionally, these examples and others show that developers, do not consider a funeral home a negative factor in developing, because they are more concerned with the location. When a good building design is implemented in an attractive arca, people do not care that a funeral home is in the neighborhood. In fact, the added business of the funeral home spurs increased customers, who spend money on adjacent businesses, which in turn raises the property values. The city of Rosemead needs to generate new taxes and incomes in order to help fuel city growth and finance the many important city projects that need money. The education of our students, the safety of our residents, the livelihood of our city employees depend on the money that public and private taxes generate to support the schools, libraries, police, fire and other organizations that benefit the entire community as opposed to a few selfish individuals, who for reasons stand in the way of projects that support the city. Rose Hills has made it clear that its development will not create the noise,chemical problems,traffic congestion and visual distress that these people allege. In fact,Rose Hills has gone out of its way to placate the city,and its few dissenters. They have offered to donate additional money to our schools and the district. Additionally, a funeral home designed in a pastoral setting would be tranquil,devoid of the appearance of a mortifying mortuary that other allege;and unlike other types of businesses such as a liquor or hostess bar would not be detrimental to our children. 10 years ago the City of Monterey Park made a big mistake by giving in to these dissenters and imposed a 2 year moratorium on the development of a funeral home. Developers and corporations got scared away by the few, but highly vocal dissenters and moved to other neighborhood cities from which the City of Monterey Park has vet to fully recover from. In conclusion, 1 reiterate that the need to generate more income to benefit the lives of everyone outweighs the pettiness of the few. Ms Hsu, her friends and relatives withstanding may not be able to help you since they live in Arcadia, San Gabriel,Temple City, Alhambra,Monterey Park, San Marino, but not Rosemead. They may not even be qualified to vote because of their legal status. Their viewpoints are not shaped by the logic of the good that the Rose Hills project brings to the city, but by the cultural superstitious fear of being next to a mortuary. If these people stopped the development process in cities where mortuaries were built, the business and livelihood of the citizens of those cities would be in serious jeopardy. Instead, these individuals like those in neighboring cities need the opportunity to live and adjust to being by a mortuary. Like their neighbors, who have no complaints with the mortuaries they live next to, these dissenters would have the opportunity to face and overcome their fears for the first time through exposure. Therefore,I urge you and the city to reconsider your stance and stand firm to not extend the moratorium in the face of the vocal few so that in the long run the city will benefit even those dissenters. Yours Sincerely, Residents for the development of Rose Hills' Mortuary Please contact the Hsias Tel(626) 300-8636 cc: Mayor Pro Tern Vasquez Councilwoman Clark Councilman Taylor Councilman Imperial Peter Lyons,Planning Director