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APPROVAL OF A REZONING OF A 0.90-ACRE SITE FROM INDUSTRIAL, GENERAL TO INDUSTRIAL, LIMITED FOR THE ESTABLISHMENT OF A PLANNED RELIGIOUS FACILITY AT 6343 TAM O’SHANTER DRIVE
recommended action
RECOMMENDATION
Staff recommends that the City Council accept the Planning Commission’s recommendation to adopt an ordinance for approval to rezone a 0.90-acre site from Industrial, General to Industrial, Limited for the establishment of a religious facility, in accordance with the findings of fact detailed herein.
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Summary
The applicant, Ziongate International Christian Center, Inc., requests approval of an application to rezone the 0.90-acre site from Industrial, General (IG) to Industrial, Limited (IL) 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 by-right land uses in the IL zone. Rezoning the parcel from IG to IL would allow the subject facility 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 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.
The Planning Commission held a public hearing to consider the rezoning application on April 27, 2017 and voted to recommend approval to the City Council. It is recommended that the City Council approve the subject Rezoning application, in accordance with the Findings for Decision in the Proposed Resolution.
DISCUSSION
Background
The project site is located on the west side of Tam O’Shanter Drive, approximately 200 feet north of Danny Drive, and includes 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 opertes 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 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 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 Meeting
On April 6, 2017, the applicant held a community outreach meeting for property owners in 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 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 City staff attended the meeting; however, no one from the neighborhood attended the meeting (Attachment C - Community Outreach Meeting Information).
Planning Commission Public Hearing Discussion
On April 27, 2017, a public hearing was held before the Planning Commission. The applicant’s engineer appeared at the public hearing in support of the subject project. He indicated that reusing the vacant building would decrease the deterioration or blighting of the area. In addition, the subject facility contained approximately 200 church members and was required to have a minimum of 50 parking spaces (one space per four (4) seats). The site has 53 existing parking spaces which comply with the code’s requirement.
Following the public hearing, the Planning Commission voted 6 to 0 (D’Adrea Davie absent) to forward its recommendation to the City Council for approval of the subject Rezoning application.
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.
FINANCIAL SUMMARY
There is no anticipated cost to the City as a result of the rezoning of the project site, so there is no expected financial impact to the General Fund.
Attachment A - Location Map and Aerial Photograph
Attachment B - Rezoning Map
Attachment C - Community Outreach Meeting Information