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REQUEST FOR A USE PERMIT TO ESTABLISH A MORTUARY WITH EMBALMING SERVICES IN AN EXISTING STRUCTURE AT 425 EAST HARDING WAY (P16-0100)
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RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving the request for a Use Permit to establish a mortuary with embalming services in an existing structure at 425 East Harding Way.
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Summary
The applicant, Joe Cunningham, has submitted the Use Permit application in order to establish a mortuary with embalming services and limited funeral services in an existing structure on the subject site. The facility will not include provisions or equipment for cremation services. The subject use complies with applicable development standards, with the exception of off-street parking. The existing structure was constructed in 1963 with fewer parking spaces than would have normally been required for its original office use. As such, the structure was deemed to have been legally nonconforming with respect to parking. In accordance with the previous Zoning Code and the current Development Code’s Legal Nonconforming Ordinance (Stockton Municipal Code Chapter 16.228), subsequent uses in the structure were able to conduct business with fewer parking spaces than would have otherwise been required for new land uses. Likewise, the subject mortuary would also be able to legally operate with the existing number of off-street parking spaces: 20. Staff has, therefore, determined that the project meets the General Use Permit Findings contained in SMC Section 16.168.050 and recommends that the Planning Commission approve the Use Permit, in accordance with the recommended findings and conditions of approval.
DISCUSSION
Background
The approximately 0.36-acre subject site, containing the existing 7,000-square foot commercial structure, is located on the north side of Harding Way, approximately 150 feet west of California Street. The neighborhood surrounding the subject is generally characterized by office uses and accompanying parking areas. The nearest residentially-zoned and developed parcels are located approximately 250 feet west of the project site, on the east side of San Joaquin Street, north of Harding Way. The site is zoned CG (Commercial, General), and is bounded to the:
• north by a parking lot zoned RM (Residential, Medium Density);
• east by an office building and parking area zoned CG;
• south across Harding Way by an public high school (Stockton Early College Academy/Stockton Unified School District) zoned PF (Public Facilities); and
• west by a medical office building and a parking lot zoned CG (Attachment A - Location Map and Aerial Photograph).
Project Description
The existing structure was constructed in 1963 and originally occupied as an office building. Over the years the structure has also been occupied by a number of retail uses, a video rental store, and, most recently, a County-operated educational facility. It has been vacant for at least a year. The building is located on the south side of the site, adjacent to Harding Way, and the existing parking area is located on the north side of the building. The applicant has indicated to staff that no exterior modifications will be made to the structure and that minimal tenant improvements will be needed inside the building in order to operate the subject mortuary use. In the project description, the applicant indicated that staff at the facility will prepare (embalm) and store human remains for funerals and burials. The business will also arrange for transportation of remains for local burials, as well as for burials outside of the area and country. Storage and preparation of human remains will occur on the north side of the building, viewing rooms and a casket storage area will be located on the west side of the building, offices will be located in the northeast corner of the building, and funeral services will take place in an assembly area in the center of the building (Exhibit 1 to the Proposed Resolution - Site and Floor Plans). The hours of operation for the business will generally be from 9:00 a.m. to 5:00 p.m., Mondays through Fridays, and from 10:00 a.m. to 5:00 p.m., Saturdays.
Parking
With respect to parking, the office building was constructed and off-street parking was required in accordance with the provisions of the previously-applicable Zoning Code. Parking for an office was required at the time to be provided at the rate of one space for every 200 square feet of gross floor area, resulting in a requirement for 35 parking spaces. For unknown reasons, the building was, however, only required to provide approximately 21 parking spaces; thereby rendering it legally nonconforming with respect to off-street parking spaces. (Currently, the parking lot contains approximately 20 parking spaces. The loss of one parking space was due to the imposition of handicap accessible parking requirements after the structure was constructed.) Therefore, since its construction and through various occupancies over the years, the structure has been legally nonconforming with respect to off-street parking. The Development Code currently requires off-street parking to be provided for mortuaries at the rate of one space per 50 square feet of gross floor area or one space for every four fixed seats. Staff has consistently applied the parking requirement only to the area of a structure that is devoted to assembly, as is the case with religious facilities and other similar assembly-type uses. Based on the size of the planned chapel (assembly) area - 1,300 square feet - the use would be required to provide 26 off-street parking spaces. Because the structure is legally nonconforming with respect to parking and the number of spaces required for the mortuary is the same as or less than would have been required for previous office, retail, and service uses, no additional off-street parking is required for the subject mortuary under the Development Code (SMC Section 16.64.050.F.1.a).
Letters of Support
As part of this application submittal, the applicant provided three letters from nearby business owners (Attachment B - Letter of Support). The letters all indicate that the writers had no objection to the applicant establishing a mortuary on the subject site. As of the date the staff report was prepared, staff has not received any letters of opposition to the project.
ENVIRONMENTAL REVIEW
Should the Planning Commission approve the subject Use Permit, the project would be categorically exempt, per California Environmental Quality Act (CEQA) Guidelines Section 15301, Class 1, for the re-use of an existing commercial structure.
VOTES REQUIRED
A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to take an action on this matter.
Attachment A - Location Map and Aerial Photograph
Attachment B - Letters of Support