CITY OF COMMERCEAGENDA REPORT CITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
Item No. Item No.
Item No.
Item No.
TO: Honorable City Council
FROM: City Manager
SUBJECT: REquest for the CITY COUNCIL TO CONDUCT A PUBLIC HEARING AND FIRST READING OF a Zoning Ordinance Text Amendment request to amend and modify Chapter 19.11 and Table 19.11.030(A) (Uses in Industrial Districts) to add additional requirements for Funeral Services and Crematory Land Uses Meeting Date: October 11, 2022
RECOMMENDATION:
Recommend that the City Council conduct a public hearing and following public testimony introduce for a first reading, by waiving the full reading and reading by title only an Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, AMENDING TITLE 19 (ZONING) OF THE COMMERCE MUNICIPAL CODE TO MODIFY CHAPTER 19.11, AND TABLE 19.11.030(A) (USES IN INDUSTRIAL DISTRICTS) TO ADD ADDITIONAL REQUIREMENTS FOR FUNERAL SERVICES AND CREMATORY LAND USES;” and Make a determination that this Zoning Ordinance Text Amendment is exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment); or Provide an alternative recommendation.
PUBLIC HEARING NOTICE:
Notice of the City Council’s consideration of this Zoning Ordinance Text Amendment was published in Los Cerritos News on September 29, 2022 and in accordance with City of Commerce Municipal Code.
EXECUTIVE SUMMARY:
During the height of the Covid-19 Pandemic of 2020, and at a time when our communities were laboring with the effects of the pandemic, the City received a building permit request to establish a Crematorium Land Use within the CM/1 Zoning District. In that case, the request was to allow a new crematorium within 600 feet of a residential Zoning District. As understood by staff, the crematorium was needed to address the matters brought on by the Pandemic. Under the current Zoning Code, the use is permitted by right within any of the Manufacturing Zoning Districts.
As a result of that proposal, as well as concerns received from the community at that time, the City adopted a Moratorium to prohibit the temporary issuance of building permits to allow said uses for an interim time. Following a 45-day moratorium, staff was unable to get an extension of the moratorium, and a building permit was issued to allow the Crematorium. It should also be noted that the Governor’s office intervened in the issuance of the aforementioned permit.
Since then there is still interest from City Staff to address these particular uses. As of this moment, there are no pending requests for any new crematoriums, but staff believes that these uses should be regulated within the City.
DISCUSSION:
A crematorium or crematory is a regulated facility where a deceased individual is disposed when no longer living. A deceased individual is placed in a regulated furnace device and is incinerated until the body is rendered down to ashes. Thereafter the remains are then transferred to a strong plastic bag and placed in either an urn or temporary container if the family has not selected an urn yet. The urn and its box are labeled with identifying paperwork and checked again before being stored for the family’s retrieval.
In the City of Commerce, the Zoning Code regulates these uses via the Standard Industrial Classification (“SIC”) Code. The SIC was created in 1937 by the United States, and is used to represent different industries. The SIC Code is commonly used for statistical analyses of businesses in the United States and other countries that have adopted the classification system. Because of its industrial legacy, the City of Commerce adopted the SIC Code to regulate land uses within the City’s Industrial Zoning Districts. The use of SIC is not a typical land use regulation tool, and with the ongoing General Plan, staff will eventually move away from this dated process and consider a more modern approach to land use regulations, typical of many other cities within the region, as well as the general area.
Per the SIC Code, Funeral Service and Crematories are regulated under SIC Code 7261. In the City of Commerce Zoning Code, Table 19.11.030(A) (Uses in Industrial Districts), 8.2, Other Personal Services (SIC codes 722, 723, 724, 725, 726, 7291). In the City of Commerce these use are permitted by right within all its industrial zoning classifications.
Excerpt from Table 19.11.030(A) (Uses in Industrial Districts.) The letter “P” stands for Permitted:
Use
C/M-1
M-1
M-2
*Notes and Exceptions
8.2 Other personal services (SIC codes 722, 723, 724, 725, 726, 7291) P
P
P
b. Parking lots and structures which are principal uses (SIC code 752) shall be subject to parking lot development standards contained in Chapter 19.21.
As staff is moving forward with a new General Plan, it too will give way to a new set of zoning regulations. In the interim, staff is required to process Zoning Ordinance Text Amendments such as this one to regulate, add or expand regulations as it may see fit for emergent uses or situations where there is high interest to carry out the Goals and Objectives of the City.
More specifically, staff would like to add additional regulations to limit the potential proliferation of new crematoriums. In its consideration, staff is cognizant of a future General Plan, which seeks to allow for uses that are complimentary to adjacent or nearby residences. In addition, because of various state-mandated housing requirements, the City would like to hold on to its discretion when considering certain uses that are not compatible with both the outgoing and incoming General Plan, especially since the City will be required to accommodate new housing, which in turn will require that the city provide certain amenities, or complimentary uses to serve this residential growth.
To do this, staff is recommending expanding regulations that are currently in place for large scale recycling and self-storage land uses. In the current zoning code, large scale recycling and self-storage land uses are limited to one for each 12,000 residents, as reported in the most recent U.S. Census. It is staff’s determination that this recommended Zone change will ensure the best interests of the City are preserved at all times, while being mindful of upcoming changes to the General plan which will address the need of establishing a compatible land use pattern within the city, including those being imposed on the City such as housing.
Staff’s recommended Zoning Text Amendment to consider additional requirements for funeral and crematorium land uses within the City of Commerce will be capped at one new one for each 12,000 resident, as reported by the latest Census. The recommended Zoning Ordinance Text Amendment will be executed consisted with the way the City regulates large scale recycling and self-storage land uses.
Therefore the existing Table 19.11.030(A) (Uses in Industrial Districts) which currently reads:
Use
C/M-1
M-1
M-2
*Notes and Exceptions
8.2 Other personal services (SIC codes 722, 723, 724, 725, 726, 7291) P
P
P
b. Parking lots and structures which are principal uses (SIC code 752) shall be subject to parking lot development standards contained in Chapter 19.21.
Will be updated to read:
Use
C/M-1
M-1
M-2
*Notes and Exceptions
8.2 Other personal services (SIC codes 722, 723, 724, 725, 726*, 7291) P
P
P
b. Parking lots and structures which are principal uses (SIC code 752) shall be subject to parking lot development standards contained in Chapter 19.21. b.1. For SIC code 7261, only one such facility is permitted in the city per 12,000 residents, as reported in the most recent U.S. Census CEQA Determination
This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment). Class 8 consists of actions taken by regulatory agencies, as authorized by local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. In this case, the project is a request to modify the Zoning Code to address Funeral Services and Crematory Establishments. Any changes from a project subject to this recommendation shall be reviewed at the appropriate time.
Required Findings
Pursuant to CMC Section 19.39.310, the city council shall be required to make the following findings of fact before approving a change of zone or zoning ordinance text amendment:
That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan. The proposed text amendment is consistent with the current and anticipated City of Commerce General Plan, as it would help to further the goals and objectives by setting forth policies intended to promote quality development within the City. Allowing this zoning code update will help limit the possibility of incompatible land uses while promoting quality development that will meet the needs of both existing and future city residents. Further, the General Plan calls for the City to implement policies that will continue to explore new opportunities for housing and services to meet the needs of the labor force and as a means to attract new business and industry to the city. This code amendment recommendation is intended to expand on this policy by ensuring that there will be opportunities to allow for harmonious uses to co-exist.
That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties. The subject text amendment would not adversely or negatively affect properties within the City of Commerce. By expanding the zoning code to provide for additional provisions to further regulate Funeral and Crematorium land uses, the subject text amendment would serve to preserve the best interest of the City, while working to ensure staff is capable of preserving land uses that will be complimentary to both existing land uses, as well as possible future state-mandated housing within the city. Therefore, with this amendment, staff has the opportunity to regulate Funeral and Crematorium land uses in order to limit any adverse impacts that could affect surrounding properties.
That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Title 19. The subject text amendment would serve to promote the health, safety and general welfare of the residents of the City of Commerce. The goal of the amendment is to expand existing development standards to limit the proliferation of Crematorium land uses and ensure the City has the opportunity to allow for uses that will be complimentary to both its existing and future residential base. Therefore the resulting Zoning Ordinance Text Amendment will ensure the general welfare and health of the City, will be served at all times.
CITY COUNCIL OPTIONS:
The Zoning Text Amendment recommended herein were subject to the review and consideration by the Planning Commission. Therefore, staff requests that:
Recommend that the City Council conduct a public hearing and following public testimony introduce for a first reading, by waiving the full reading and reading by title only an Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, AMENDING TITLE 19 (ZONING) OF THE COMMERCE MUNICIPAL CODE TO MODIFY CHAPTER 19.11, AND TABLE 19.11.030(A) (USES IN INDUSTRIAL DISTRICTS) TO ADD ADDITIONAL REQUIREMENTS FOR FUNERAL SERVICES AND CREMATORY LAND USES;” and Make a determination that this Zoning Ordinance Text Amendment is exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment). Class 8 consists of actions taken by regulatory agencies, as authorized by local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment; or Provide staff with alternative direction.
FISCAL IMPACT:
The undertaking of this Zoning Ordinance Text Amendment to regulate these uses can be carried out without any fiscal impact to the City.
RELATIONSHIP TO STRATEGIC GOALS:
The Zoning Ordinance Text Amendment discussed herein, has the potential to relate to the Strategic Action Plan’s Goal of: Economic Growth - Guiding Principles 3 to “Support a long-range planning vision through the City’s General Plan, zoning ordinance, and related land use planning documents that incorporate community and stakeholder input and provide a compass for strategic economic growth, infrastructure investments and city fiscal planning,” as well as Guiding Principle 5, under Community Quality of Life: “Foster environmentally conscious initiatives and continue to identify and develop city codes that support a clean, well-maintained, sustainable community The COVID-19 pandemic has presented a financial hardship to business, which in turn affects City Revenue.” The purpose of undertaking this Zoning Ordinance Text is to regulate a use that may not necessarily compatible with surrounding properties, as well as future land policy being imposed by the State.
Prepared and
Recommended by: Jose D. Jimenez, Director of Economic Development and Planning Reviewed By: Vilko Domic, Assistant City Manager
Approved as to form: Noel Tapia, City Attorney
Respectfully submitted: Edgar P. Cisneros, City Manager ATTACHMENTS:
Draft Ordinance