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REQUEST FOR A USE PERMIT TO ALLOW THE DEVELOPMENT OF A CEMETERY ON THE GROUNDS OF THE EXISTING CANO FUNERAL HOME, LOCATED AT 2164 EAST DR. MARTIN LUTHER KING, JR. BOULEVARD (P24-0005) (APN: 171-370-03)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution:
1) Finding that no further environmental review is necessary for the project pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations; and
2) Approving the request for a Commission Use Permit to allow the development of an approximate 3.9±-acre cemetery, in accordance with the findings and subject to the conditions in the proposed Resolution.
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Summary
The applicant, Andy Martinez of Eildon Hills Cemetery Services, is requesting a Commission Use Permit to allow the development of a 3.9± acre cemetery on the grounds of the Cano Funeral Home at 2164 East Dr. Martin Luther King, Jr. Boulevard.
As reflected in the staff report below, the proposal for the development of a cemetery complies with the specific standards shown in the Stockton Municipal Code (SMC) for funeral facilities and services, and with the General Plan. Therefore, staff recommends approval of the Commission Use Permit request.
DISCUSSION
Background
The property is zoned CG (Commercial, General) with a General Plan land use designation of Commercial. Neighboring parcels to the west and east are also zoned CG, and properties to the south are zoned RL (Residential, Low Density), as shown on Attachment A. General Plan land use designation of the parcels to the west and east is Commercial, while the properties to the south are Low Density Residential, as shown on Attachment B.
As shown on the aerial map at Attachment C, the project site is bound to the north by the East Dr. Martin Luther King, Jr. Boulevard/Mariposa Road right-of-way, to the west by a mini-storage facility (SecurCare Self Storage), to the east by several properties fronting on Mariposa Road containing a restaurant (El Rancho Inn), a residence with several rental units in the rear, a single-family residence, and an auto/vehicle repair shop (Guarantee Auto Repair) and an auto leasing business (Own A Car), and to the south by single-family residences in the Sunrise Villa Unit No. 1 subdivision.
Established in 1996, the Cano Funeral Home is located at 2164 East Dr. Martin Luther King, Jr. Boulevard on the south side of the street at the intersection with Mariposa Road. The previous use of the site was a church.
The project site was annexed into the City of Stockton on November 12, 1980, as part of the Doty Island Annexation project (A-79-6). At the time of annexation, the property was identified as farmland with a single-family residence (2164 Charter Way).
A search of Building and Planning records indicates a single-family dwelling was demolished in 1987 (BP87-69924) and a 44 foot by 84 foot church building and parking lot area was subsequently constructed (BP88-71656) on the site. Following, a caretaker’s mobile home was permitted (BP89-75470).
A Commission Use Permit UP015-96 was approved on July 9, 1996, to allow the conversion of a nonactive church building into a funeral home without cremation facilities, the installation of a caretaker's residence in a mobile home, and the construction of a new four-car garage and installation of a preparation room in a modular structure.
Subsequent building permits include a non-residential addition (BP96-04168), a sign for the funeral home (BP96-04416) and the demolition of a family structure (BP96-00330).
Present Situation
The Cano Funeral Home was purchased by the Caring Service Group from the original owners in 2016. The company states that they are applying for this project to provide an affordable, modern, and well-maintained non-sectarian cemetery option to meet the needs of the community well into the 21st and 22nd centuries. The project will also result in the improvement of the empty land behind the funeral home structures which will help to address issues with illicit activity and the unhoused that are currently being experienced by the property owners.
The applicant has applied for a Commission Use Permit to allow the development of an approximate 3.9±-acre cemetery on the grounds of the Cano Funeral Home as shown on the project plans (Attachment D). Per SMC Section 16.20.020, Table 2-2, a Commission Use Permit (CUP) is required to allow a cemetery in the CG zoning district. The application was received on January 8, 2024 and referred for internal review to Building and Engineering within the Community Development Department, Traffic Engineering within the Public Works Department, Fire Prevention Division of the Stockton Fire Department, Municipal Utilities Department, Code Enforcement, and the Stockton Police Department.
Staff Analysis
When evaluating applications for funeral facilities and services, including cemeteries, mortuaries, funeral homes, and crematoriums, the proposed CUP must be reviewed against the standards for specific land uses for such land uses as provided in SMC Section 16.80.165.
SMC Section 16.80.165 (Funeral facilities and services), provides development standards for the establishment of facilities providing internment services as defined in Chapter 16.240 (Definitions). The purpose of these standards is to control objectionable effects of funeral facilities and services. These standards shall apply to all new funeral facilities and services or establishments requiring consideration and approval of a CUP or land development permit under the Development Code for the purpose of achieving the following objectives:
1. Protect surrounding neighborhoods from potential harmful effects and to minimize the adverse impacts of nonconforming and incompatible uses.
2. Ensure that funeral facilities and services are not the source of undue public nuisances in the community.
3. Ensure that sites for funeral facilities and services are conducted and properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way.
The provisions of this section are intended to complement the State of California funeral-related laws. The California Department of Consumer Affairs, Cemetery and Funeral Bureau (Bureau) licenses, regulates, and investigates complaints. Cemetery Maintenance Standards are set by Section 2333 of Article 3 of Title 16 of the California Code of Regulations, the City does not intend to replace or usurp any powers vested in the Bureau.
The Cano Funeral Home office is open from 8:30 am to 4:30 pm, with the addition of the cemetery the office hours may expand to 5:00 pm. The applicant proposes to have the cemetery gates open from dawn to dusk on a daily basis for visitors. Internment service times would be from 9:00 am to 4:00 pm daily. The project is conditioned to prohibit visitors from playing music, consumption of alcohol, and loitering on the cemetery grounds, with an exception to allow the playing of music during an internment service.
A Heritage Valley Oak is located near the rear property line. Currently, the tree has a 60±- foot diameter canopy (30±-foot radius). The applicant has proposed an oak tree protection area measured as two times the distance from the trunk to the drip line. The project is conditioned to prohibit internments within two times the distance from the trunk to the drip line.
As shown on the project plans (Attachment D), the internment area will be in the southern portion of the property. Internments will occur a minimum of five (5’) from the western property line which borders a storage facility, five feet (5’) from the southern (rear) property line which borders a residential subdivision, and thirty-five feet (35’) from the eastern property line, which borders neighboring commercial and residential uses and contains two adjacent easements (a 15-foot wide PG&E easement and a 20-foot wide City of Stockton sanitary and storm sewer easement). The Stockton Municipal Code does not address setbacks for burial locations from property lines, and there are no required side or rear setbacks in the CG zoning district, however, the proposed setbacks are identified as a Condition of Approval to ensure compliance.
The project is conditioned to require maintenance of the cemetery grounds in compliance with approved plans, conditions of the permit, requirements of the Development Code, requirements of the Municipal Code, and Chapter 8.36 (Property Maintenance) of the Municipal Code.
Per SMC Table 3-9, the number of off-street parking spaces required for a cemetery is per the use permit (to be determined based on the project characteristics). On September 22, 2022, the Governor signed into law Assembly Bill (AB) 2097. AB 2097 prohibits public agencies from imposing or enforcing a minimum parking requirement on residential, commercial, or other development project that is within one-half mile of a defined “major public transit stop.” Public transit facilities are located at the intersection of East Dr Martin Luther King Jr. Blvd and South B Street, which is within one-half mile of the project site; therefore, there is no minimum off-street parking requirement. Any parking voluntarily developed shall comply with the development standards specified in Chapter 16.64 of the SMC. The applicant is voluntarily proposing additional off-street parking for a total of 89 spaces.
Required Findings
To approve the Use Permit, the Planning Commission must make all findings under SMC Section 16.168.050(A) (General Findings). As indicated in the Proposed Resolution, the subject use is allowed in the CG zone with an approved Use Permit and complies with applicable provisions of the Development Code.
Use Permit: General Findings
There are seven required General Findings in SMC Section 16.168.050(A). They require:
1) Compliance with all applicable provisions in the SMC;
2) Maintaining the integrity and character of the applicable zoning district;
3) Consistency with applicable General Plan objectives and policies;
4) Physical suitability of the site for the proposed use;
5) Not endangering or jeopardizing the public health, safety, peace, or general welfare of the public;
6) Compatibility with surrounding uses; and,
7) Consistency with the California Environmental Quality Act (CEQA).
All seven of the required General Findings can be made to support the project, as evidenced in the attached resolution and described as follows:
1) The proposed cemetery expansion is allowed in the CG (Commercial, General) zoning district, subject to approval of a Commission Use Permit.
2) The proposed use, as conditioned, will maintain and strengthen the integrity and character of the neighborhood and zoning district in which it is located.
3) The proposed use is consistent with the general land uses, objectives, policies, and programs of the General Plan.
4) The subject site is adjacent to an existing funeral home and will be physically suitable for the type and density / intensity of the use being proposed, including the provision of services, public access, and the absence of physical constraints.
5) The establishment, maintenance, or operation of the subject use, at the location proposed and for the time period(s) identified, is not expected to endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the subject use, because the use will be subject to conditions of approval that require hours of operation, visitor conduct, maintenance, and setbacks from neighboring properties. Further, proposed improvements of the vacant land behind the existing funeral home will help address issues regarding illicit activity and the unhoused that are currently being experienced by the property owners
6) The design, location, size, and operation of the proposed use at the project location will be compatible with the existing and future land uses on-site and in the vicinity of the subject property, as the uses are consistent with existing CG zoning and Commercial General Plan Land Use designations. The project will be subject to conditions of approval that require hours of operation, visitor conduct, maintenance, and setbacks from neighboring properties to ensure the neighboring businesses and homes will not be disturbed. City of Stockton Code Enforcement was contacted in May 2024, and there have been no complaints about funeral home operations.
7) Consistent with CEQA Section 15183, which states that “…(P)rojects which are consistent with…general plan policies for which an EIR was certified shall not require additional environmental review…,” no project-level CEQA analysis is necessary. The proposed project is consistent with the adopted Envision Stockton 2040 General Plan and its certified EIR (SCH# 2017052062), with City Council action taken on December 4, 2018.
Public Comments
Notice for this item was published in the Record on June 17, 2024, and a notice has been sent to all property owners within a 300-foot radius of 2164 East Dr. Martin Luther King, Jr. Boulevard, on June 17, 2024. As of the issuance of this report, staff has not received any comments from the public on this project.
Attachments
Attachment A - Zoning Map
Attachment B - General Plan Map
Attachment C - Aerial Map
Attachment D - Project Plans
This staff report was prepared by Alex Guilbert, Senior Planner, (209) 937-7095 or alex.guilbert@stocktonca.gov