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RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL OF THE REZONING OF A 0.90-ACRE SITE FROM IG (INDUSTRIAL, GENERAL) TO IL (INDUSTRIAL, LIMITED) FOR THE ESTABLISHMENT OF A PLANNED RELIGIOUS FACILITY AT 6343 TAM O’SHANTER DRIVE (P16-0633)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution forwarding a recommendation to the City Council to approve the Rezoning of the 0.90-acre site from IG (Industrial, General) to IL (Industrial, Limited), in accordance with the findings of fact detailed herein.
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Summary
The applicant, Ziongate International Christian Center, Inc., is requesting approval of an application to rezone the 0.90-acre site from IG to IL in order to establish a religious facility (church). In accordance with Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2, Allowable Land Uses and Permit Requirements, religious facilities are not permitted in the IG zone, but are permitted as allowed by-right land uses in the IL zone. Rezoning the parcel from IG to IL would allow the church to locate on site as a “by-right” use, which means the planned use would not need a discretionary entitlement such as a conditional use permit.
The requested rezone from IG to IL is consistent with the site’s existing Industrial General Plan designation and will result in a less-intensive land use than would otherwise be permitted by land uses currently permitted in the IG zone. Further, the applicant has stated that the currently-vacant building will be upgraded by the addition of security lighting and cameras on the exterior of the building and in the parking lot. Reusing the vacant building would decrease the deterioration or blighting of the area and provide religious and counseling services to area residents. Staff recommends that the Planning Commission recommend that the City Council approve the subject Rezoning application, based on the recommended findings of fact.
DISCUSSION
Background
The project site is located on the west side of Tam O’Shanter Drive, approximately 200 feet north of Danny Drive, and is occupied by a vacant commercial building. The building was formerly occupied by an office for Comcast Cablevision. In October of 2016, the property owner purchased the property to establish a religious facility. The project site is zoned IG and is bounded to the:
• north by an existing television transmitting station and parking lot zoned IG;
• east across Tam O’Shanter Drive by an existing apartment complex zoned CO (Commercial, Office);
• south by an existing irrigation supply business zoned IG; and
• west by vacant land zoned CO (Attachment A - Location Map and Aerial Photograph).
The General Plan designates the project site for Industrial land uses. That land use designation and the proposed IL zoning allow a religious facility, subject to final approval of the Rezoning application by the City Council.
Present Situation
The property owner has been operating a religious facility at 429 East March Lane. To expand the facility, the pastor of the church is planning to relocate it to the subject site. In accordance with SMC Section 16.20.020, Table 2-2, religious facilities are not permitted in IG zone, but are allowed in the IL zone. Therefore, the applicant has submitted the Rezoning application to rezone the site from IG to IL (Attachment B - Rezoning Map). The religious facility is permitted as a by-right use in the IL zone. The business hours for the facility will be from 7:00 p.m. to 9:00 p.m. on Tuesdays, Wednesdays, and Fridays, as well as from 11:00 a.m. to 1:00 p.m. on Sundays. An accessory day care service will be provided during religious activities on the site. The requested rezoning to IL will be consistent with the site’s existing Industrial General Plan designation. The planned religious facility on the subject site will be less intensive use than other uses that are permitted in the IG zoning district. Because the hours of operation for the facility will not conflict with the hours of operation for other businesses surrounding the site, significant, adverse traffic, noise, and other environmental impacts are not expected to be generated by the planned use. Further, the vacant building will be upgraded by the addition of security lighting and cameras on the exterior of the building and in the parking lot, thereby providing a safe environment for area businesses and residential uses.
Findings
The Development Code contains specific findings, all of which must be made in the affirmative to support the approval of a Rezoning. If one or more of the findings cannot be made, the Rezoning cannot be approved.
Findings of Fact
There are four required findings of fact in SMC Section 16.116.050.B. They require that the use be consistent with the General Plan and the Development Code; not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City; comply with the California Environmental Quality Act (CEQA); and be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation and anticipated land use. Staff recommends that these findings be made in the affirmative in support of the applicant’s request as detailed in the proposed resolution.
Public Comments
On April 6, 2017, the applicant held a community outreach meeting for property owners of the surrounding neighborhood to discuss the proposed rezoning request for the planned development of a religious facility on the subject site. Notice for the meeting, which was held at 6343 Tam O’Shanter Drive, was provided to all property owners within 300 feet of the subject site. The applicant, three church members, a realtor, and Senior Planner Jenny Liaw attended the meeting; however, no one from the neighborhood attended the meeting (Attachment C - Community Outreach Meeting Information).
Environmental Clearance
The request is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) Section 15301, Class 1, for the re-use of an existing facility.
Votes
A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to transact business or decide any matter.
Attachment A - Location Map and Aerial Photograph
Attachment B - Rezoning Map
Attachment C - Community Outreach Meeting Information
This staff report was prepared by Senior Planner Jenny Liaw; (209) 937-8316; jenny.liaw@stocktonca.gov