In early 2016, the City of Garden Grove received a request to operate a new funeral home, which included an on-site mortuary and crematory, on a property zoned C-2 (Community Commercial) that directly abutted and was in close proximity to single-family homes.  Currently, Mortuaries and Crematoriums are deemed permitted uses in the C-2 zone, subject to the approval of a Conditional Use Permit (CUP).

Throughout the Public Hearing process, several members from the public attended the Planning Commission meetings to oppose the project and many testified that the nature of the use makes them and their children uncomfortable, that they are concerned about the potential long-term physical and mental health impacts from residing and/or working in such close proximity to a crematory, that the proximity of the proposed use would interfere with their use and enjoyment of their properties, and that, due to negative public perceptions about living in proximity to a mortuary and crematory, their property values would decrease if the proposed use was established at the location.  Ultimately, the Planning Commission voted unanimously to deny the applicant’s request to operate the new funeral home with mortuary and crematory.

Shortly thereafter, the City Council adopted a moratorium (Ordinance Nos. 2869 and 2870) on the issuance of permits or land use entitlements for crematoriums and mortuaries.  The intent of the moratorium was to provide additional time for the City to conduct a zoning study, and to process a Zoning Code Amendment to determine the appropriate zoning, development standards, and other proper regulations applicable to mortuaries, crematoriums, funeral homes, and cemeteries to protect the health, safety, and welfare of the community.

A review of the Municipal Code disclosed that the City has a lack of regulations for crematoriums, mortuaries, funeral homes, and cemeteries, which were not a problem when the City previously had larger and predominantly agricultural uses throughout the community.  Today, the City is mostly built-out with very few vacant parcels of land, and has become a primarily residential community.  The Code needs to be revised to address negative impacts associated with crematoriums, mortuaries, funeral homes, and cemeteries, especially with respect to sensitive uses such as residences, schools, and parks.  Some of the negative impacts include fear, concerns about long-term physical and mental health effects, interference with use and enjoyment of residential properties, schools, and parks, and property devaluation arising from the negative public perception pertaining to living in proximity to crematoriums, mortuaries, funeral homes, and cemeteries.

On April 20, 2017, the Planning Commission held a Public Hearing to consider Amendment No. A-018-2017.  At the hearing, no one spoke in favor of or in opposition to the proposed Amendment.  The Planning Commission voted unanimously (7-0) to adopt Resolution No. 5883-17 and recommended that the City Council adopt Amendment No. A-018-2017 and determine that the Amendment is exempt from the California Environmental Quality Act.

Recently, Staff has received inquiries about establishing mortuaries and crematoriums in the City.  Current trends in the mortuary and crematory industry show that such businesses may come in the form of a standalone crematorium, a crematorium with an incidental funeral home and/or mortuary, or a funeral home and/or mortuary with no on-site crematorium.

Current terms and definitions in the Municipal Code imply that a crematorium is expected to operate in conjunction with either a church, cemetery, or mortuary.  However, today, it is typical for a crematorium to operate as a standalone business, without any on-site incidental services related to a funeral home, mortuary, church, or cemetery.  As such, the terms and definitions relating to mortuaries and crematoriums will be updated to reflect that a crematorium may operate as a standalone business and that it may include incidental uses such as a Funeral Home/Mortuary.

The proposed Amendment will identify the zones where new “Crematoriums” and new “Crematoriums with Incidental Funeral Home/Mortuary” will be allowed to operate with a Conditional Use Permit (CUP).  Currently, the Municipal Code allows “Mortuaries/Crematoriums” in the C-2 (Community Commercial) zone, subject to the approval of a CUP.  However, there are many existing C-2 zoned properties in the City that are within close proximity to sensitive uses such as residences, schools, and parks.  This was evident in the case discussed prior, where the subject site, for the proposed funeral home with on-site crematory and mortuary facilities, was zoned C-2 and directly abutted single-family homes.  To prevent this type of future occurrence, “Crematoriums” will not be permitted in the C-2 zone.  Conversely, many M-1 and M-P zoned properties in the City, where industrial businesses are allowed, are not within close proximity to residences, schools, and parks.  As such, any new facility with a Crematorium will only be allowed with a Conditional Use Permit in the C-3 (Heavy Commercial), M-1 (Light Industrial), and M-P (Industrial Park) zones.  It should be noted that the Conditional Use Permit process allows the City to review each application individually to evaluate any potential negative impacts and to apply the most appropriate conditions of approval tailored to each project.

The proposed Amendment will further establish Special Operating Conditions and Development Standards applicable to “Crematoriums” and “Crematoriums with Incidental Funeral Home/Mortuary”, which include requiring any new crematoriums to maintain a minimum distance of 500 feet to any property boundary of any “O-S” (Open Space) zoned property developed with a school or park, a property boundary of any “R” (Residential) zoned property or any PUD established exclusively for residential use.  The 500-foot minimum distance requirement will ensure that sensitive uses such as residences, schools, and parks are protected from any potential negative impacts associated with crematoriums.

Other Special Operating Conditions and Development Standards applicable to “Crematoriums” will include the following:

• That crematoriums are conditionally permitted uses (where a Conditional Use Permit is required) in industrially designated areas within a Planned Unit Development zone, where industrial and manufacturing uses are permitted;
  
  
• That any necessary permits, licenses, or other approvals to operate a crematorium, as required by other regulatory agencies, shall be obtained, abided by, and adhered to for the life of the project.  Such required permits, licenses, and approvals shall be kept on the premises at all times.  This also includes verification of periodic inspection notices and approvals by the regulatory agencies;
  
  
• And that any Conditional Use Permit approved crematorium that is found to be in violation of or is noncompliant with its Conditions of Approval, or is found to be in violation with any regulations established by other regulatory agencies, or has its permit(s), license(s), or other approval(s) issued by other regulatory agencies, suspended or revoked, or for any other reason deemed reasonably necessary by the City, may have its CUP reviewed by the Planning Commission.

Most funeral home establishments in the Orange County area do not provide on-site cremation services.  Funeral homes typically contract out cremation services and the cremations are performed at an off-site crematory facility typically found in industrial areas away from residences, schools, and parks.  To account for this type of business activity, “Funeral Home/Mortuary with No Crematorium” will be added as a permitted use to the Municipal Code with a stipulation that any new funeral home/mortuary, with no on-site crematorium, shall maintain a minimum distance of 250 feet of a property boundary of any “R” (Residential) zoned property or any Planned Unit Development established exclusively for residential use.

Finally, the definition of “Cemeteries” will be modified to clarify that cemeteries may include columbaria and that no crematorium, funeral home, or mortuary services are permitted on-site.

The proposed Amendment will establish new parking standards for each of the business types discussed tonight.  The new parking standards are mindful of and take into consideration the respective business activities that occur on-site.  Any uses that involve the operation of a funeral home/mortuary will have specific parking requirements to account for seating in viewing rooms which typically involve an assembly or group of persons gathering for such events.  A use, such as a standalone crematorium, with no on-site funeral home/mortuary activities, will be treated as and parked similar to an industrial business.

It is recommended that the City Council:

• Conduct a Public Hearing;

• Determine that the Ordinance is categorically exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15061(b)(3);

• Introduce and conduct the first reading of the attached Ordinance approving Amendment No. A-018-2017 to amend Title 9 of the Municipal Code to update the definitions, operating conditions, and development standards in the City’s Land Use Code, pertaining to crematoriums, mortuaries, funeral homes, and cemeteries.

By:  Chris Chung, Associate Planner