HomeMy WebLinkAboutAgenda Report - January 7, 1998 Public CommentContinued January 7, 1998
In addition to the design that will be provided by EKONA, monies need to be allocated for
the design of other specialty areas. The total estimated design costs are shown below:
• EKONA (basic service) $257,000
• EKONA (reimbursable) $ 25,000
• Hazardous Material Analysis $ 5,000
• Fumiture/Signage $ 16,000
• Dispatch/Computer/Radio System (allowance)
It was, therefore, recommended that $364,000 be appropriated for the total design of the
Public Safety Building Remodel Project.
City Manager Flynn suggested the funding proposal of $364,000 be from the General
Fund Capital Outlay, which would include information systems funds, parking structure
funds, Beckman Building funds, Police automated telephone system and salary savings
from Police Department.
Following a lengthy discussion, the City Council, on motion of Council Member Wamer,
Pennino second, unanimously approved hiring the firm EKONA, of San Francisco, to
prepare the plans and specifications for the Public Safety Building Remodel, authorized
the City Manager to execute the appropriate agreements, and appropriated funds in
accordance with the City Manager's recommendation.
12. ORDINANCES
None.
13. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Ken Owen, Christian Community Concerns, P.O. Box 387, Lodi, presented the City
Council with the following letter.
"From time to time there are issues that come up outside the sphere of this Council that
are either so important, or so wrong, or harmful to the overall well being of society as a
whole that we feel an obligation to bring them to you in order to apprise you of their
significance, and ask for your support in joining with us to make a statement. Tonight I
want to bring one of those issues before you.
On January 22, at 10:00 a.m. in the County Courthouse, the Board of Supervisors will be
voting on what we consider one of the greatest threats to religious freedom, and the First
Amendment to our Constitution that we have ever had to fight in San Joaquin County.
It's called 'Special Use Regulations, Conceming Religious Assembly In The Agriculture
Zones'.
1. The original ordinance calls for buffer zones to reduce any adverse effects to less
than significant to the existing and potential agricultural uses in the vicinity.
Adverse effects, Tess than significant, existing and potential? What do those
terms mean, and who will define them? They can mean anything you want them
to mean. They are too vague and ambiguous, and open to a wide range of
interpretation to be of any value in determining the value of a project.
2. The site must have direct access to a collector or higher classification roadway in
order to have no adverse impact on area agricultural enterprises. To make my
point I will just simply ask you if you have ever been stuck behind a tomato truck?
8
Continued January 7,1998
3. The site must have direct access to a minor arterial or higher classification
roadway to maintain acceptable levels of service, and does not adversely impact
area agricultural enterprises. Again, this language is vague and ambiguous.
4. The site shall be within two miles of an urban community. This is the most
frightening of all.
First of all we feel that this ordinance, if enacted would violate the first amendment of our
Constitution, by putting unnecessary restraints on Churches that other entities do not
have to adhere to.
Secondly, according to recent studies, Church growth has not kept pace with population
growth in San Joaquin County. There is actually a shortage of Churches.
As of 1990 there were 270 Churches in the County, serving 36.7% of the County's
population of 480,628. Since 1990 the County has grown by 12.5% with another 7.4%
anticipated by the year 2002.
The Churches are having a difficult time raising enough money to pay for land costs, and
adherence to county regulations as it is. If a two mile limit is placed on them, along with
additional regulations that no one else has to adhere to, in my opinion it shows that the
Board of Supervisors who vote for this ordinance are classifying Churches as undesirable
neighbors, and are in fact prohibiting the free exercise clause of our Constitution."
Mayor Sieglock indicated that he agreed with Mr. Owen's position on this matter.
b) Virginia Snyder, 303 Louie Avenue, Lodi, addressed the City Council regarding AB 849
which would limit alcohol outlets in communities. Further, Ms. Snyder passed out
information which indicated off -sale and on -sale business in the City of Lodi presently and
the number of such licenses that would be allowable under this Bill. Ms. Snyder also
presented pictures of subject businesses located on East Lodi Avenue.
14. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) City Manager Flynn announced that January 4, 1998 was Jack Ronsko's birthday and
extended best wishes to him. Further Mr. Flynn advised that his secretary, Barbara
Reed, has a new display in the Carnegie Forum display cabinet showcasing Kathy
Warner's bunny collection. Also, Mr. Flynn announced that Mrs. Reed has announced
her retirement effective July 21, 1998.
b) City Engineer Prima displayed a sample of the beautiful new street signs that will be used
in the downtown area.
c) Council Member Warner stated that downtown Lodi was as busy and active as he has
ever seen it during the holiday season and urged the community to continue coming and
shopping in the downtown area, because it does make a difference.
d) Council Member Mann stated that at the last Council Meeting he had objected to the
issuance of an Alcoholic Beverage Control (ABC) license to the Roundhouse Bar. He
stated that the information that he had based this objection on was old and that the new
owner is doing a good job. Mr. Mann stated that he feels that the City Council needs to
take a stand in cases where vendors of alcohol do not control their patrons and would
hope that the City would proceed with a process that would allow it to do this.
9
Christian
Community
Concerns
January 7, 1998
Dear Members of the Lodi City Council:
From time to time there are issues that come up outside the
sphere of this council that are either so important, or so wrong,
or harmful to the overall well being of society as a whole that
we feel an obligation to bring them to you in order to apprise
you of their significance, and ask for your support in joining
with us to make a statement. Tonight I want to bring one of
those issues before you.
On January 22, at 10:00 a.m. in the County Courthouse, the Board
of Supervisors will be voting on what we consider one of the
greatest threats to religious freedom, and the First amendment to
our Constitution that we've ever had to fight in San Joaquin
County.
Tt's called "SPECIAL USE REGULATIONS, CONCERNING RELIGIOUS
ASSEMBLY IN THE AGRICULTURE ZONES."
1. The original ordinance calls for buffer zones to reduce any
ADVERSE EFFECTS to LESS THAN SIGNIFICANT to the EXISTING AND
POTENTIAL agricultural uses in the vicinity.
Adverse effects, less than significant, existing and
What do those terms mean, and who will define them?
mean anything you want them to mean.
They are too vague and ambiguous, and open to a wide
interpretation to be of any value in determining the
project
potential?
They can
range of
value of a
2. the site must have direct access to a collecter or higher
classification roadway in order to have NO ADVERSE IMPACT on
agricultural enterprises.
To make my point I. will just simply ask you if you have ever
stuck behind a tomato truck?
area
been
3. the site must have direct access to a minor arterial or higher
classification roadway to maintain acceptable levels of service,
and DOES NOT ADVERSELY IMPACT area agricultural enterprises.
Again, this language is vague and ambiguous.
P.O. Box 367 • Lodi, California • 95241 • Phone/Fax (209) 368-0990
1. the site shall be within TWO MILES of an urban community.
This is the most frightening of all.
First of all we feel that this ordinance, if enacted would
violate the first amendment of our Constitution, by putting
unnecessary restraints on Churches that other entities do not
have to adhere to.
Secondly, according to recent studies, Church growth has not kept
pace with population growth in San Joaquin County. There is
actually a shortage of Churches.
As of ] 990 there were 270 Churches in the County, serving 36.7%
of the County's population of 480,628. Since 1990 the County has
grown by 12.5% with another 7.4% anticipated by the year 2002.
The Churches are having a difficult time raising enough money to
pay for land costs, and adherence to county regulations as it is.
If a two mile limit is placed on them, along with additional
regulations that no one else has to adhere to, in my opinion it
shows that the Board of Supervisors who rote for this ordinance
are classifying Churches as undesirable neighbors, and are in
fact prohibiting the free exercise clause of our Constitution.
Ken Owen
-
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ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 9 OF THE ORDINANCE CODE OF THE COUNTY OF SAN
JOACUIN RELATIVE TO SECTION 9-605.5, SPECIAL USE REGULATIONS, CONCERNING RELIGIOUS
ASSEMBLY IN THE AGRICULTURAL ZONES.
The Board of Supervisors of the County of San Joaquin, State of California, do ordain as follows:
SECTION 1. Section 9-605.5, Chapter 9-605, Division 6, Title 9, of the San Joaquin County
Ordinance Code is hereby amended by adding Subsection (1), to read as follows: '
Section 9-605.5 Special Use Reoulations
Relioious Assembly. A permit approval shell be sioblect tri the fQllQwinq requirements:
fl The site development must provide adequate puffers between the religious
assembly facilities and adjacent agricultural uses. The buffer shall reduce to
less than significant levels any adverse effects the pro1ect will have on the
operation. maintenance. and security of the existing and potential aoricuttural
uses in the vicinity of the S r,•s- r1.A,i,','4 r .
ja The site must have direct access to a collector or hlabief daselation roadway
for the rellaious assembly - community use type, This requirement may be
modified by the review authority if a traffic study is oregared„which demonstrates
that the Proposed site access adequately selves the prefect's projected traffic,
effectively handles the frequency and volume of traffic 4enerated by the Prolog
in a manner that maintains acceptable levels of service on affected roads. and
does not adversely impact area aoricuitural enterprises.
11 The site must have direct access to a minor arterial or higher classification
roadway for the religious assembly - regional use tune. This requirement may be
modified by the review authority if a traffic study is prepared which demonstrates
that the proposed site access adequately serves the project's projected trdfic,af
effectively handles the frequency and volume of traffic generated by the Proledt
in a manner that maintains acceptable levels of service on 'timed roads. joie „
does not adversely impact area agricultural enterprises.
j,,,)4, The site shall be within two (2) miles of an urban community, for the relioious
assembly - regional use type. The religious assembly use type shall not be
permitted in the Delta Primary zone.
SECTION 2. This Ordinance shall take effect and be in force thirty (30) days after its adoption,
and prior to the expiration of fifteen (15) days from the passage thereof, shall be published once (1) In
the Stockton Record, a newspaper of general circulation published in the County of San Joaquin, State
of California, with the names of the members of the Board of Supervisors voting for and against the same.
3
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of San •:
Joaquin, State of California, on this day of , 1997, by the following vote of the Board of
Supervisors, to wit:
TA -86-66 - 1 - (6-10-97)
�,Cjv /Sf�1J
ORDINANCE NO.
AN ORDINANCE AMENDING Tatt 9 OF THE ORDINANCE CODE OF THE COUNTY OF
SAN JOAQUIN RELATIVE TO• SECTION 9-905.5, SPECIAL USE REGULATIONS, CONCERNING
RELIGIOUS ASSEMBLY IN THE AGRICULTURAL ZONES.
The Board of Supervisors of the County of San Joaquin, State of California, do ordain as follows:
SECTION 1. Section 9-605.5, Chapter @-605. Division 0, Title 9, of the 6ar, Joaquin County
Ordinance Code is hereby emended by adding Subsection (m), to read as follows:
Sectfan 9-405.5 Special Use Requ1atjppg
u Relioiorus ASSerrtbly. A permit apprQyaf ttlllowin9 requ!rements:
The site nhaniln within two i2) mites of an urban community for the reilnlous
assembly - regional usa
The reliolous assembly use type shall not be permitted in the Delta Primary
SECTION 2. This Ordinance shall take effect and be in force thirty (30) days after its adoption.
and prior to the expiration of fifteen (15) days from the passage thereof. shall be published once (1) in
the Stockton Record, a newspaper or general circulation published In the County of San Joaquin, State
of California, with the names of the members of the Board of Supervisors voting for and against the
same.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of San
Joaquin, State of California, on this day O{ , 1998, by the following vote of the Board of
Supervisors, to wit:
AYES:
NOES:
ABSENT:
ATTEST: LOIS M. SAHYOUN
Clerk of the Board of
Supervisors of the County of
San Joaquin, State of California
13v (SEAL)
Deputy Clerk
TA -90-9 (Ordinance)
GEORGE L. BARBER, CHAIRMAN
Board of Supervisors
County of San Joaquin
State of California
Pape 1
GUIDELINUS FOR RELIGIOUS ASSEMBLY USE TYPE IN AGRICULTURAL ZONES
1. The site rievel40ment Must Qrevide adequate buffers, between the rittiQiQys assembly facilities and
edlacent aaricultural uses._Itie buffers shall reAi.se to fess thap, 3ipnificant levels env adverse
effects the orolect will hove on the operation. maintenance. 4)10 SeWfitY Ofthg,Axist1na and potential
eprlcuilural uses In the vicinih(of the site,
2. The site must have direct orcass M a -• 1 or or 1 heir as v for the religious
alsembly • community use -lune. Thfg reauiremeni rnav be modifieg be the review authority if a
traffic study Is prepared which dernonst jtes that the nr000se d site access ada yately serves Ilk
=leers oroiected traffic. effectively handles the freceencv and volume Of trettie oanereted by the
protect in a menner that maintains acceotable levels of service on affected, roads, and does not
pay_eRely Impact area egricutturol r•nter»ri
3. The site must have direct aces to a minor arterial or hicher CIasj1 cation roadway for the relinlou.
assembly - reolonal use tvoe. Thls reautrement mE3v be modified by the review authority if a traffic
study is er'eparetl whictl, demonstrates that the maoseri site ccc.e¢s ape uatety serves the groiect's
proiected traffic. effectively handleS the freclUency and volume of traffic neeerrted by the protect in a
r�►anner that matntainl acceotoble levels of service an affected roads. and does n41 adversely imrata
area floricultural enterprises.
TA•96-6 (Guidelines)
Page 1
F1L� No. QO2 11/1J 'ar 1:0( iL: 1-kuc
TITION OPPOSING COUNTY ORDINANCE AGAINaT RELIGIOUS ASSEMBLY
(Section 9-605.5 (1) of the Si'. County Ordinance Code)
WHEREAS, such Ordinance against Religious Assembly would impose severe
restraints on the ability of people to meet and assemble for religious purposes outside of
urban areas;
WHEREAS, such Ordinance singles out Religious Assembly in violation of the
First Amendment of the U.S. Constitution which forbids the passage of any law that
restricts the free exercise of religion;
WHEREAS, extensive regulations already exist, including the requirement of a Use
Permit in all agricultural zones, to ensure that any Religious Assembly is consistent with
county plans and compatible with adjoining uses and that adequate utilities, roadways, and
other facilities exist to accommodate same.
THEREFORE, we, the undersigned, do hereby petition the San Joaquin County
• Board of Supervisors to reject such Ordinance against Religious Assembly'artd to reaffirm
the right of the people of this county to meet and assemble for religious purposes.
NAME
1.
2.
3.
4.
5.
6.
7.
8.
9.
10,
11.
12.
13.
14.
1.5.
16.
17.
18.
19.
20.
21.
NOV-19-1997 12:37
ADDRESS CITY
• 9% P Az
HERUM, CRABTREE, DYER, ZOLEZZI & TERPSTRA, LLP
2291 West March Lane
Suite B100
Stockton, California 95207
(209) 472-7700 (209) 472-7986 Fax
(209) 525-8444 Modesto (209) 525-8484 Modesto Fax
October 29, 1997
Mr. Ken Owen
Executive Director
Christian Community Concerns
P.O. Box 367
Lodi, California 95241
Dear Ken:
You asked me to provide you with a brief analysis of the County's proposed
regulation to limit churches in agricultural areas.
PROPOSED ANTI -CHURCH ORDINANCE.
San Joaquin County proposes to amend its zoning regulations by increasing the
restrictions imposed upon churches seeking to locate in the agricultural area. These
regulations affect any proposed church that may potentially have five hundred or more
people attending services.
Even though a broad variety of uses are allowed in the agricultural zone,
including canneries, petting zoos, marinas, outdoor sports clubs and child care centers,
only churches are identified and subject to additional regulations. The proposed
regulation discriminates against religious uses by applying heightened regulations that
other uses are exempt from. These proposed regulations include:
1. A geographic limitation for locating churches;
2. A limitation on the type of road that must be next to the property which is
proposed for a religious use; and,
3. A mandatory buffer between the religious use and any future "potential"
agricultural use. The terms "buffer" and "potential agricultural use" are not
defined in the ordinance.
There are many problems with this ordinance. First, by placing a burden on
religious activities the proposed ordinance is unconstitutional. Second, it will restrict the
number of churches. Our County needs more churches not fewer churches. Third, there
Mr. Ken Owen
October 29, 1997
Page 2
is no evidence that Churches are "bad" neighbors or interfere with farming practices.
Fourth, the present regulation requires the County to fully evaluate the potential
environmental and traffic consequence of the church location. Fifth, the ordinance is
vague and ambiguous,
Ken, please call me if you have further questions.
Very truly yours,
STEVEN A. HFRUM
Attorney -at -Law
SAH:lam
llecor U
Stockton • fan Joaquin Mother Leda
Founded in 1895 by Irving Marlin
Terry J. Krueger, president and publisher
James E. Gold, editor in chief
Richard G. Marsh, opinion -page editor
Locating churches:
,Try common sense
"If it ain't broke, don't fix it."
That bit of folk wisdom
:should be heeded by the San
Joaquin County Planning
'Commission and the Board of
Supervisors as they consider
new regulations on the loca-
tion of churches.
They should leave well
enough alone. No new regula-
:$lons are needed.
Churches — and we use that
' word to include the sanctuar-
: fes and facilities of all reit-
: gious organizations —have
been part of the urban and
• rural social fabric of this
county since its formation in
the mid -1800s.
The land -use conflicts have
been few. All have been miti-
• gated.
: County planners proposed
• limiting large churches to
' commercially zoned areas in
• the 1992 revision of the coup-
; ty General Plan. Supervisors
• properly eliminated the
restriction and instead
required churches to go
through a standard planning
review and permit process.
Now, planners propose bar-
ring houses of worship that
hold more than 500 people
from agricultural zones more
than two miles from existing
urban areas.
XIt is another arbitrary
;restriction that should be
::rejected.
•
• This is not a religious -
:freedom issue as the Roman
Catholic Diocese of Stockton,
`:Christian Community
:Concerns and others argue.
It is a land -use issue. Period.
The churches tread on
:shaky ground when they
assert — as Monsignor James
::E. Cain, vicar general of the
::Diocese of Stockton, does —
;:that "the General Plan should
promote and not discourage
:churches."
The General Plan. like every
:action of government, should
(Je neutral on all matters of
.religion.
The requirement of neutral -
is the essential thrust of
: the First Amendment's guar-
':antee of the free exercise of
religion.
The U.S, Supreme Court
reaffirmed that earlier this
year when it struck down the
1993 Religious Freedom
Restoration Act that attempt-
ed to free religious organiza-
tions from meeting require-
ments imposed on others.
The ruling involved a Texas
diocese that was denied a per-
mit to enlarge a church
because it is in a historic
preservation district.
In upholding the Texas city's
decision and overturning the
act, Justice Anthony M.
Kennedy wrote for the court
that the act imposed "a con-
siderable congressional intru-
sion into the states'- traditional
prerogatives and general
authority to regulate for the
health and welfare of their cit-
izens."
The test of the Planning
Commission's proposal has to
be its faimess:
Does it impose a burden on
one potential land use that is
not imposed on others?
The answer, in our view,
clearly Is yes.
Other uses allowed in agri-
cultural zones — they range
from petting zoos to child-
care centers to marinas — are
not burdened with that two-
mile requirement.
They clearly create as much
potential for conflict with
agricultural uses as a church.
And they are no less growth -
inducing, to cite one of the
arguments of pro -restriction
planners, than a church.
(That growth -inducing
argument, by the way, strikes
us a bit specious; nothing not
otherwise already allowed is
going into an ag zone unless
elected supervisors allow it.)
Supervisors have extended
the time period for comment
on the proposed new regula-
tions through November.
The public should take
advantage of that extension,
writing to the Community .
Development Department,
1810 E. Hazelton Ave.,
Stockton, CA 9205
Tell them not to create con-
flictswhere none exist. It ain't
broke, so ...
Christian group fighting plan to limit church development
County ordinance
would keep large
churches near cities
By Tacoma Adrmek
Record Star writer
A conservative Christian organization
representing 250 area churches has
mounted an 11th -hour campaign against
a proposed county law that could keep
large . y. >y; r.: 1 61 " fiom setting up their
steeples on plate farmland.
Members of ;,Christian Community
Concerns have gathered more than 800
signatures on petitions that tall the pro-
posed law a violation of eh/tidies' cossti-
utfional rights, .
The group plans to present the signa-
tures to county planning commissioners
Thursday night, when the commission is
expected to vote on the proposed ordi-
nance. If approved, the new rule will be
passed on to the Bond of Supervisors For
a final vote.
"First of all, we're saying this is
unconstitutional. It_.vioiates the First
Amendment ... laws that guarantee the
free exercise of religion," said Ken
Owen, Christian Conunuuity Concerns
,bonelet:
The orifirtance wmiid'tiotit construction
of large churches —.those with more
than 500 members — to land within two
nines of dties."
"We are very concerned -about preserv-
Planners to meet
San Joaquin County plaming
commissioners will meet at
6:30 p.m. Thursday in the county
Department of Public Health
Services Aucitorium, 1601 E.
Hazelton Ave.
ing the valuable ag land in our county,
which is finite — it's not being replaced
as it's beim taken out," said Jeri Hansen,
program director for the San Joaquin
Farm Bureau Federation.
"And then there's the potential for leap-
frog development. Here sits a church
where people are going. ... Then they
have a community hall, then they build
a school, then people want to live there.
It could lead to utban sprawl."
Owen, whose organization works with
about 250 churches, doubts them will be
a proliferation of large churches on coun-
ty agricultural land without the ordi-
nance.
He accused Farm Bureau members of
being greedy and of singling out church-
es.
"These regulations are tougher for
dmrrhes.... (Churches) are subject to a
tot of regulation that nobody else Is."
Not far from Owen's rural Lodi home
is the Mldce Grove Golf Links, a cense
he accuses of swallowing up large
amounts of farmland and bringing addi-
tional traffic to the area.
FOR NOME DELIVERY OF THE RECORD ... CALL 9481702
Tvrsv+f DGS iL 92 siyo L77 i(v)/ s5., -t,./
"The Farm Bureau basically i, para
noid that the churches are going to over
run the county and there's not going to
be any land use for agriculture," he said.
"We're saying you allow golf courses and
marinas and all kinds of other (busy
nesses), but you don't worry about
them"
As program director for the Farm
Bureau, Hansen represents 5,000 farm
interests in San Joaquin County. She said
the lobbying group is simply concerned
about preserving farmland.
"It's not necessarily fiat churches," she
"said. "'Those just happen to be the issue.
Really (our concern) could fall under am
sort of developinent In the agriculture
•Wne. That's what were talking about is
development and trying to preserve the
agriculture property."
-
restricted
m
.„),.;n a
STOCICTON (SJNS) —;,Planning commissioners in Owens' group had distrili titiOnk,c0
a 5-2 vote approved a new ordinance that would pre, 1,957 signatures against tlii.Ordinimce.'
:4
. vent large churches from building in agricultural ar- Commissioners Tim Howard 'and Patrick Stocker
ea s any further than two miles from urban areas. .• voted against the ordinanceSayingthat existing re -
Other
stipulations in the , • - ••''' , • • •-•" ,• strictions are 'enough•to pre-
proposed ordinance re.quir7,. Ag . ... .; .s...:..,,,,,,c,„.ikvit4::;„,et,... vent.,9*,.10$10.0. c.94;ta•
mg that churches build only • • • Ilbetiee*oliiiiiiiies•inct'firm-ii,
on larger roads and build:"
I believe that it's sad. , thatIr' il- -",....''elan:,,Cdo.eim"°iajoleci34'"heacd teO
..buffer between the church
and agricUlture are listed in going to divide the church and the- titnony',and . deliberated for
the ordinance only as guide- . Planning Commission in this, almosf--..34, hours . before
,..,
,lines. . •- l'' situation. Our efforts will have to. . rffichingAt 40400'6
County supervisors will . , bct geared toward the Board o. ' ''''' ReligiNa'grc411*44"860 -
_. • • supervisomaati, ? the.ordinang said it un -
theconsider whether to adopt - :=I • •
ordinance next month.. - d airViingled'Itt churches
the ordinance before it,%kes . ••..t.. ,- ?` ,:: • affect , in 7,, and may,•••unconstitutio
'''F ' ' freedom of religion.
Supervisors must approve; .., ::
• Community concerns said:"Our efforts. will have to be . addition, .developments such: 0
that it's going to divide the .' • •f-,
church and the Planning . ':
atfii
Commission in this situation,"Ken Owen of Christian from urban sprawl, possibly .create
'I believe that it's. sad, . Christian Community Covent. ,.. ..:, ,,,.. , Bureau F, .
4 '. .. . ' 1A-1;1:::1":‘ . . .... ltal1114id9nee-a
Ken Owen, - - ' - • ... -:.- • .. The S..,Tloa;,..::.:ui::.: , }:..
., " .•-•,••:,•;•;,i,,,,,- :,,:
111 417.,,:74: :;0,. •:••
, ;.: : i :.:. , • I ,y '
1'113
affect.
geared toward the Board of SOpervisors."„..i: ,0 tii.i,..:f..Larm.._0.. .e.el: eiticides;,i4-:ii,X”-
I,,,
,•-,,,•-• ..,.,-4. • • .-
Friday, December 19, 1997
Paul Fens.;.Metro Editor
Phone: 96568
Fax: 5474866
E-mail: pfeist@recordnet.com
The Record
911
Obituaries
an joaQuin
Region
Opinion
Weather
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Church- ts proposal passed by .planners
ByAmy Starnes
Record Staff Writer
The San Joaquin County Plan-
ning Commission approved by a
5-2 vote late Thursday night an
ortKomoe to limit the creation of
large chinches to a 2 -mile radius
of urban areas.
Commissioners Tim Howard
and Patric[ Stodtar voted against
the proposed ordinance. The issue
now goes to the county Board of
Supervisors for consideration.
The vote came despite opposi-
tion from many of the roughly 75
residents who attended a nearly
four-hour meeting
The idea is to keep large
churches and other religious
assemblies . in and around urban
areas and to protect dwindling
agricultural land. large churches
are those having mote than 500
parishioners. a
Ken Owen, Ctuistian Commun-
ity Concerns founder, presented
the commissioners with 1,712 sig-
natures on a petition against the
ordinance and said he had anoth-
er 245 that wouldbe turned over
soon.
Owen, whose conservative
Christian group represents 250
area churches, said the petitioners
oppose the ordinance because it
singles out churches and not
other entities, the ordinance is not
needed, and it's an unconstitu-
tional attempt to place regulations
on religion.
"If you adopt this ordinance
you are saying that farming is
above the county's need for spir-
itual growth," said Owen, who
feels the county is "under-
chtrrched"
Owen argued that the number
of churches in the county isn't
growing fast, and the ordinagce!is
attempting tot a problem' that
doesn't eclat'
Stocker told residents the copt-
mission was actually trying! to
help churches with the ordinance
they found so offensive.
In the past there has been.p
problem with at least One chi
piddng•a rural site that was
conducive to their opertion, he
said
"We're literally trying to help in
locating that perfect site or near -
perfect site," Stodcar said
Only 1150 people spoke in•favor
of the ordinance: -;
Bill Koster, president of the San
Joaquin Farm Bureau Federation,
argued that schools, businesses,
churches and other entities peo-
ple frequent create problems for
farmers, especially those whose
crops spraying'.of
pesticides.
"It ends up postilig
the farmers
more to farm.athese place&.
... Out in the middle of nowhere,
it just doesn't work with agricul-
ture," Koster said.
Ordinance opponents argued
that there doesn't seem to be a
concern about pesticide use
around golf courses, which con-
stantly have people roaming the
length of the courses, and essen-
tially, churches are wl6btg to take
the 'same ticks
• "We have. a higher power we
cantor! upon to keep us healthy"
Owen. said, drawing laughter and
ap from the audience.'
Hansen, program-. director
of the Fann Bureau pointed out,
"The core of this issue remains
proper and intelligent- land -use
planning."
1.