Debate over appropriate location of human crematorium in Bakersfield continues

BAKERSFIELD, Calif. (KGET) — The debate over bodies and where it is appropriate to cremate them is back.

Can cremations happen alongside other businesses? During business hours?

Project sponsor Rick Woody said yes, they can, at least at the Pegasus Business Centre, a multi-tenant building near Meadows Field Airport.

Staff with the Kern County Planning and Natural Resources Department agree, saying the crematorium is in compliance with city and county zoning rules.

The heated discussion over the location of this crematorium, which has been described as an “ick factor,” continues Thursday night.

The future of the crematorium all depends on whether the County Planning Commission grants a conditional use permit for the new Bakersfield crematorium.

“That means we’ll be able to start using this project facility to complete cremations for families here in Kern County,” said Rick Woody.

Woody is also the president of Clarmar Enterprises, which has funeral homes in Arvin, Wasco and Shafter.

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The Planning and Natural Resources Department’s staff report states there were various “conditions of approval” requested by the opposing party. Leveroni said those requests were his.

Staff agreed to prohibit embalming of bodies on site, as well as aquamation. Staff also agreed all bodies, equipment and materials should be delivered to the south side of the building and that hearses must also be parked on the rear end.

Department staff state they’re recommending the Planning Commission authorize a CUP as a crematorium meets all needed requirements.

For instance, both a mortuary and crematory of Woody’s would satisfy the Metropolitan Bakersfield General Plan, as they provide necessary services to community.

Both services would also be consistent with the county’s M-2 Zoning standards. The site is on a county M-2 Zone.

Staff also say neither a moratorium nor crematorium would be detrimental to the health and wellness of the public.

One particular section of law in question is the California Environmental Quality Act’s Section 15183.

The staff report explains under that section, no additional environmental impact review (which would be a lengthy process) is needed, as “projects that are consistent with the development established by existing zoning, community plan or General Plan policies, for which an Environmental Impact Report was certified, shall not require additional environmental review.”

Furthermore, part of CEQA law states, “existence of public controversy over the environmental impacts of a project are not determinative of the need for further environmental review.”

Woody told 17 News he has faced opposition from owners of the 16-unit complex, like Pete Leveroni, for almost two years. He said he has leased the unit now for 20 months without any income.

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Woody said he is on a ten-year contract.

“Emissions, heat, odor, smoke, economic impact, but we’re mostly concerned about safety,” said Pete Leveroni, representative of Pegasus Owners Opposed to Crematories in Our Center (POOCC).

He added, “We have not found a single instance of a crematory in a multi-tenant building. I think crematories, we don’t have a problem with crematories, we just don’t think they should be located in a building where you’ve got somebody right next door.”

Leveroni also said the high heat of cremation ovens is especially concerning.

“They can malfunction. It’s rare, but there’s been numerous cases of that happening. Somebody can be on the other side of an 8-inch wall and potential property damage, injury… “We’re joined at the hip, if you will, and what happens with one unit can impact the other units in this center.”

The Kern County Planning Commission last took on this matter in November, postponing a decision for further environmental impact review.

Leveroni said since then, cost of insurance increased by 500%.

“Risk and insurance are directly related,” Leveroni explained. “And just because [the crematorium is] there, it’s driven the increased risk in insurance.”

Woody countered Leveroni’s concerns, saying he and other building owners were “overstating [the] risks.”

“Let me remind you this is a cinder block building, and there’s no reason to assume there’s ever going to be a fire here,” Woody said. “Again, this crematory retort is no different from installing a pizza oven in your favorite pizzeria.”

He added, “Risk is everywhere” and that “some of the fears and concerns of the association owners” are being overestimated.

“This building is designed with a high roof…. Our stack in the crematory is required to be 18-feet tall,” Woody stated. “Above that, there’s a 5-feet parapet around this building, which is going to conceal our stack. So, there’s not going to be any evidence of smoke, there won’t be any odors.”

He went as far to say folks driving by won’t even be able to tell if the crematorium is operating at any given time.

The big question for owners of the Pegasus Business Centre, including Leveroni, is why Woody is so set on their industrial complex.

Woody answered, he’s considered other properties, including those in downtown Bakersfield, but didn’t think they were appropriate. He said he wants to avoid schools, residences and government buildings.

And when asked why he dismissed Leveroni’s recommendation of an alternative property up for sale down the road, Woody said, “Pete Leveroni is not my real estate agent. I’m not really on great terms with him.”

And in the long run, Woody added, he’d like to purchase the suite he currently occupies at the Pegasus Business Centre.

Also worth noting is Leveroni’s point that all local owners of the property are opposed to the crematorium. Suite 1, the unit Woody is leasing, however, is owned by an out-of-town investor.

“She actually was made aware of our plans before we signed the lease,” Woody said of the landlord. “She’s a big supporter of what we’re doing.”

Meantime, Woody said he’ll soon begin operating as a mortuary and has bought a refrigerator.

The fridge can fit 24 bodies. Woody said he’s received a license from the state to operate the mortuary.

“We will be storing human remains in this facility, and we’ll be filing documents such as death certificates and disposition permits,” Woody said, emphasizing his intent to operate on a daily basis.

As for Leveroni, he said in the case Woody wins his CUP, Leveroni may appeal the decision with the County Board of Supervisors.

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