SR 06:203 - Laserfiche WebLink

Existing broken, leaning or cracked headstones or grave markers are the responsibility of the family. Unless something presents a safety hazard, the City would not be responsible for repairs. Zoning and General Plan Consistency The Cemetery is currently zoned as an Agriculture District. Agriculture Districts conditionally allow cemeteries. The Cemetery does not have a conditional use permit because it predates the City's zoning ordinance, and consequently, it is a legal, non-conforming use. If the City were to acquire the cemetery, the Planning Commission would need to make a finding that the acquisition conforms to the General Plan. According to the General Plan, the Cemetery is in the Public & Institution District. Because Public & Institution Districts allow cemeteries, the Planning Commission would be able to make the finding that the Cemetery is consistent with the General Plan. CEQA Compliance If the City were to acquire the Cemetery and continue the existing activities, CEQA does not appear to be triggered. If, however, the City decided to expand the operations or the site (or take any other action that would cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment), then CEQA applies. If CEQA applies, unless there will be no significant environmental impacts due to the City's action (and the City prepares a negative declaration to that effect), the City would be required to prepare an environmental impact report (EIR). If an EIR were prepared, it would identify any significant negative environmental impacts due to the Cemetery's expansion. The EIR would also identifY mitigations for those impacts and those mitigations would become expansion project conditions. If those mitigations are not feasible, then Council would need to adopt a statement of overriding considerations in order to approve the expansion. IMPACT OF NOT PURSUING CITY OWNERSHIP As indicated previously, if the City does not acquire the Cemetery, it is expected that it will continue to have maintenance and operational/financial issues. Staff has also identified the three potential impacts listed below. Property Taxes Although property taxes are up-to-date on the Cemetery, in the past they have been delinquent. The property's use as a cemetery does not preclude the property from being sold by the County at a tax default sale. After five years of non-payment of a property tax, the County can sell the property at a tax default sale. If there are no purchasers, the right of redemption reverts to the current owner. If property taxes remain unpaid, the property will again be subject to sale at the next tax default sale (generally the following year). SR 06:203 Page 12