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REQUEST FOR A VARIANCE TO ALLOW AN INCREASED HEIGHT FOR A PROPOSED FLAGPOLE 80 FEET IN HEIGHT FOR A NONRESIDENTIAL USE AT 1505 EAST SONORA STREET (P24-0062)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Find that no further environmental review is necessary as the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15311 Class 11, Accessory Structures for construction of minor structures accessory to existing institutional facility; and
2. Adopt a Resolution approving the request for a Variance to allow a proposed flagpole 80 feet in height for a nonresidential use at 1505 East Sonora Street.
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SUMMARY
The applicant, Shane Romero of California Water Service Group (hereon Cal Water), submitted an application for a Variance to allow the installation of a new flagpole 80 feet in height from the existing site grade level at their existing Cal Water Stockton District office location at 1505 East Sonora Street. The proposed flagpole will display an American flag that is proposed to be 20-foot by 30-foot in overall size. The project site is located within the Commercial, General zoning district.
Stockton Municipal Code (SMC) Section 16.36.090(B)(6), General Development Standards, specifies that flagpoles shall be allowed to a maximum height of 60 feet for nonresidential uses. Per SMC Section 16.112.030, Allowable Administrative Exceptions, the Community Development Director may only grant a 10 percent increase in the maximum height which could allow a flagpole height of 66 feet. The applicant indicated this height was not sufficient since the flagpole had already been purchased, therefore a Variance is requested.
To approve the Variance request, the Planning Commission must find the presence of special circumstances, exceptional circumstances, physical suitability, and other findings per SMC Section 16.172.050. All findings must be made based on factual evidence in the affirmative to approve the Variance request. It is the responsibility of the applicant to establish the evidence in support of making the affirmative findings.
Based on the proposed findings, Staff is recommending approval of the Variance.
DISCUSSION
Background
The proposed Project is located at the California Water Service Company Stockton District office at 1505 East Sonora Street (Attachment A - Proposed Location Map and Aerial). The site is 3.55 acres in size and has a General Plan designation of Commercial (Attachment B - General Plan Land Use Map) and zoning designation of Commercial, General (Attachment C - Zoning Map).
The project site is bounded to the:
• North across Lafayette Street and the elevated State Highway Route 4 (Crosstown Freeway) and zoned Commercial, General (CG) and Residential Medium Density (RM);
• East across residential land uses zoned RM;
• South across Sonora Street by the San Joaquin County corporation yard and Cal Water yard zoned CG and RM; and
• West across Wilson Way by commercial uses zoned CG.
The Project site has overhead utility transmission lines located on wooden poles that run north/south along the Project site frontage on Wilson Way. The elevated Crosstown Freeway structure is located approximately 140 feet from the closest property line of the project site and is approximately 22 feet above the city street and project site grade.
For background, the Applicant initially purchased an 80-foot-tall flagpole with intention of obtaining a building permit from the City of Stockton to construct the pole at their Water District office. The Applicant’s primary objective of the flagpole is to display the American flag for passerby traffic on adjacent roadways and the Crosstown Freeway to view and appreciate. They were informed by City staff that the SMC Title 16 allows for a flagpole at a maximum height of 60 feet for non-residential land uses. The SMC provides for a process to allow the Community Development Director to consider allowing an Administrative Exception to increase the maximum pole height by 10 percent, allowing up to 66 feet in height if approved. Since this does not meet the Applicant’s need, they elected to file an application for a Variance.
As specified in SMC Section 16.172 Variances, the purpose is to provide for adjustments from the development standards only when, because of special circumstances applicable to a specific piece of property, the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. The review authority for consideration of a Variance application is the Planning Commission. The Commission may approve an application only if all of the findings of fact contained in Section 16.172.050 can be made. The findings are generally structured to assure that special privileges are not being granted inconsistent with limitations on other properties in the same zoning district or land uses. It is the responsibility of the applicant to establish the evidence in support of the requested findings.
Present Situation
The Applicant proposes to construct a flagpole 80 feet in height in a central open area on the site in front of their existing building and water structures (see Attachment D - Site Plan View). The proposed flagpole will display a 20 foot by 30-foot size American flag (see Attachment E - Proposed Plan Profile and Image).
STAFF ANALYSIS
To approve a Variance, the Planning Commission must make all findings required by SMC Section 16.172.050. Each finding is provided below and followed by a staff analysis to approve the Variance. A justification letter for the Variance request was provided by the applicant (Attachment F - Letter of Justification from the applicant).I
1. Special Circumstances. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict or literal interpretation and enforcement of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts;
Staff’s Analysis: Given the fact that the elevated Crosstown Freeway structure is located approximately 140 feet from the project site and is approximately 22 feet above the City street and project site grade, the increased flagpole height is necessary to ensure visibility is afforded to view and enjoy the American flag, similar to property owners that do not have a visual impairments such as the elevated freeway and 65-foot-tall above ground utility transmission lines and poles along the project site frontage of Wilson Way.
2. Exceptional Circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district;
Staff’s Analysis: The subject property is unique and exceptional in that it is the only place along the length of the elevated Crosstown Freeway where a 7-wire electrical transmission line and the associated 65-foot-tall power poles cross over perpendicular to the freeway at a major roadway intersection. This particular intersection is comprised of Freeway on-ramps and off-ramps for both east-bound and westbound traffic on the north side and the south side of the Freeway. The visual blight that is inherent to this particular set of circumstances is unique to the project property and creates an element of visual blight that is notable in this part of the Stockton community. The proposed project will help detract from the visual blight and draws attention to a visual symbol that unites the Stockton community by honoring American history and strengthening the sense of belonging.
3. Physically Suitable. The subject site would be physically suitable for the proposed variance; and
Staff’s Analysis: The project site is physically suitable to accommodate the proposed 80-foot-tall flagpole, as the site is 3.55 acres in size and is unusually large compared to the properties in the immediate surrounding area. Cal Water provides public utility services and is an institutional use where most would expect to observe a tall flagpole with an American flag displayed. The project site already contains an above ground radio tower structure that is approximately 120 feet.
4. Granting the variance would:
a. Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought
Staff’s Analysis: Based on the Project site’s proximity to the elevated Crosstown Freeway the increased flagpole height is necessary to ensure visibility as afforded to other property owners with flagpoles elsewhere in the City that are not adjacent to the elevated Crosstown Freeway. Further, the existing visual impairment of the site that is created by 65-foot-tall electrical transmission poles and wires located along the westerly site frontage necessitate the increased flagpole height that would not be needed for property owners elsewhere that do not have electrical transmission poles along their property frontage.
b. Be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code;
Staff’s Analysis: The Variance will not likely alter the essential character of the neighborhood as flagpoles are common in commercially designated areas such as the subject site’s zoning district of CG. The proposed project is consistent with the Citywide Design Guidelines that encourage vertical elements along elevated portions of freeways to create visual interest when viewed from the freeways.
c. Not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same zoning district;
Staff’s Analysis: The Variance would not be a granting of special privilege as subject property is unique and exceptional in that it is the only place along the length of the elevated Crosstown Freeway where a 7-wire electrical transmission line and the associated 65-foot-tall power poles cross over perpendicular to the freeway at a major roadway intersection. Additionally, this particular intersection is comprised of Freeway on-ramps and off-ramps for both east-bound and westbound traffic on the north side and the south side of the Freeway. Further, although not defined as an Institutional Use per the SMC, Cal Water is a public utility providing water service to the public and is institutional in nature, where flagpoles are customary.
d. Not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property;
Staff’s Analysis: Flagpoles are authorized in the CG zone on property sites with residential and nonresidential land uses.
e. Not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or materially injurious to properties or improvements in the vicinity;
Staff’s Analysis: The Variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the subject property is located as installation will occur upon private property and will be subject to obtaining a Stockton Building Permit and shall comply with all engineering and California Building Code requirements for health safety.
The proposed Variance will increase the aesthetics and add value to the site and compliment the Cal Water public utility use on the property. There is no evidence of diminishing property values surrounding any similar flagpoles elsewhere. Further, the proposed Variance allowing a taller flagpole will not cause any visual impairment or create congestion for vehicles on the adjacent roadways or result in any other public hazard.
f. Be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
Staff’s Analysis: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15311 Class 11, Accessory Structures for construction of minor structures accessory to existing institutional facility.
Environmental Clearance
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15311 Class 11, Accessory Structures for construction of minor structures accessory to existing commercial facility.
Public Comments
Notice of this item was published in the Record on December 4, 2024, and a notice has been sent to all property owners within a 300-foot radius of the Project site on December 4, 2024. At the time of writing this report, Staff has not received any comment from the public on this Project.
Attachment A - Proposed Location Map and Aerial
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Site Plan View
Attachment E - Proposed Plan Profile and Image
Attachment F - Applicant Supporting Evidence
This staff report was prepared by Michael McDowell, Assistant Director of Community Development, (209) 937-8690; michael.mcdowell@stocktonca.gov.