Agenda packet — City Council and Concurrent Authorities, January 11, 2022 (part 3 of 3)

CITY OF STOCKTON

COMMUNITY DEVELOPMENT DEPARTMENT
345 North El Dorado Street • Stockton, CA 95202-1997 • (209) 937-8266 • Fax (209) 937-8893 October 29, 2020
Stocklandia
Attn: Veronica Martinez
2107 West Lane
Stockton, CA 95205
RE: Temporary Activity Permit #P20-0824 (2107 West Lane; APN# 117-090-11) To Whom it May Concern:

This letter provides the City of Stockton's approval of a Temporary Activity Permit at 2107 West Lane for the following two activities:

1. A Grand Opening Event to be held on October 31; and

2. Day-to-Day Operations for Stocklandia- "food truck park" use.

This approval is based on the following findings and conditions of approval specific to the Grand Opening event and the Day-to-Day Operations, as outlined below.

Grand Opening Event
The Grand Opening event for Stocklandia is scheduled for October 31 st from the hours of 11 :00 am to 7:00 pm, where a maximum of eight (8) food trucks will be parking on the subject property, and public vehicular traffic is being prohibited from accessing and parking on-site.

Findings

1. The proposed Grand Opening Event (temporary activity) would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan. (SMC §16.164.050(A)) Evidence: The proposed use of a podcast studio is allowed in the IG (Industrial General) Zoning District, per Stockton Municipal Code (SMC) §16.164.01 0(B).

Food trucks are allowed accessory to the primary use per SMC §16.80.020(8)(4) (Accessory Uses and Structures; Nonresidential; Motorized Food Wagons). SMC §16.80.020(B)(4)(i)

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Attachment A 664
allows (1) Motorized Food Wagon as incidental use to private nonresidential property. The proposed "food truck park use" will have more than 1 food wagon on-site which does not meet the development use standards. If a proposed use of land, in this case "food truck park use," is not specifically listed in Table 2-2 (Allowed Land Uses and Permit Requirements), the use is not allowed. However, the SMC §16.08(E) enables the Director to make a Determination that the use may be allowed as a permitted or conditional use.

In making this determination, the Director shall first find that, a) The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise, or intensity than the uses listed in the zoning district; b) The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and (c) The proposed use will be consistent with the goals, objectives, and policies of the General Plan and any applicable master development or specific plan.

In light of the information provided to the City, Staff's review of the proposed use, and SMC §16.08(E), the Director has determined a "food truck park" can be permitted as a temporary activity, and therefore allowed with a Temporary Activity Permit. Per SMC §16.164(Temporary Activity Permits), a temporary activity permit allows for short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. The Director is the Review Authority for temporary activity permits and may review and approve, conditionally approve, or disapprove a temporary activity permit, subject to the appeal provisions of Chapter 16.100 in the SMC.

2. Finding: The establishment, maintenance, or operation of the proposed temporary activity at the location proposed and within the time period(s) identified would 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 neighborhood of the proposed activity. (SMC §16.164.050(8))
Evidence: Stocklandia's Grand Opening Event is scheduled for one-day, October 31, 2020, highlighting eight (8) local food trucks, showcasing the vibrant food scene in the City of Stockton and celebrating a new business. This is a single-day event and will not endanger, jeopardize, or otherwise constitute a hazard because it is subject to the life/safety conditions listed below in the Conditions of Approval.

3. Finding: The proposed site would be adequate in terms of location, shape, and size to accommodate the temporary activity. (SMC §16.164.050(C)) Evidence: For the Grand Opening Event, Stocklandia has provided a separate parcel for patrons to park for the duration of the event with appropriate personnel to guide and monitor the site. The event site will not be impacted by vehicular traffic as it will only be used for parking of the eight (8) food trucks.

4. Finding: The proposed site would be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the

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Attachment A 665
temporary activity would reasonably generate. (SMC §16.164.050(0)) Evidence: During the Grand Opening Event, the site will only be accessed for parking the eight (8) food trucks which can be accessed via West Lane on the east side of the parcel, and Berkeley Avenue on the West side of the parcel. An established fire lane will remain unobstructed through the site, allowing for adequate fire and life/safety protection.

5. Finding: Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary activity would be available either on-site or at an alternate location(s) which is acceptable to the Director. (SMC §16.164.050(E))
Evidence: For the Grand Opening event, Stocklandia has obtained permission from the landowner for 1240 Klinger Road to provide temporary parking on the parcel. The parcel is approximately .13 acres and will provide perimeter parking with access from Klingler Road for the sole purposes of the Grand Opening Event. The temporary parking facility will be manned by an employee of Stocklandia and will have cones and signage for patrons indicating where to park. Patrons attending the event will walk down a mostly paved path, approximately 430' south along West Lane to the Grand Opening Event. No parking will occur at 2107 West Lane during the Grand Opening Event.

6. Finding: The design, location, size, and operating characteristics of the proposed temporary activity would be compatible with the existing and future land uses in the vicinity. (SMC §16.164.050(F))
Evidence: The proposed Grand Opening event will occur on a developed site in a predominantly industrial zoning district portion of the City where all parcels have an underlying zoning classification of Industrial Limited (IG) and a General Plan designation of Commercial.

8. Finding: The proposed permit would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. (SMC §16.164.050(H)) Evidence: The project site concerns an existing private structure, involving negligible or no expansion of an existing or former use. Given these facts, the proposed temporary activities are Categorically Exempt pursuant to CEQA Guidelines §15301 (Existing Facilities).

Day-to-Day Operations
The Day-to Day Operations of the Stocklandia "food truck park" will operate Monday through Saturday from 11 :00am to 9:00 pm, and on Sundays from 11 :00 am to 7:00 pm, where a maximum of five (5) food trucks will be parking on the subject property.

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Attachment A 666
Findings

1. Finding: The proposed temporary activity would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan. (SMC §16.164.050(A)) Evidence: The proposed use of a podcast studio is allowed in the IG (Industrial General) Zoning District, per Stockton Municipal Code (SMC) §16.164.01 O(B). Food trucks are allowed incidental to the primary use per SMC §16.80.020(8)(4) (Accessory Uses and Structures; Nonresidential; Motorized Food Wagons).

Food trucks are allowed incidental to the primary use per SMC §16.80.020(8)(4) (Accessory Uses and Structures; Nonresidential; Motorized Food Wagons). Standard practice allows one (1) food truck incidental to private property. The proposed temporary activity will utilize multiple food wagons and is not allowed as an incidental use.

The proposed temporary activity may be allowed under SMC §16.08(F)(Unlisted Uses of Land) under a Director's Determination as a permitted or conditional use.

2. Finding: The establishment, maintenance, or operation of the proposed temporary activity at the location proposed and within the time period(s) identified would 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 neighborhood of the proposed activity. (SMC §16.164.050(8))
Evidence: Stocklandia's Day-to-Day Operations will continually support the City of Stockton's local food-truck scene while operating a podcast business. The site has an existing solid iron. fence, with existing slide gates, at both the West Lane frontage and Berkeley Avenue frontage that will remain open during business hours. The podcast use and food trucks are contained entirely within the site, and will not endanger, jeopardize, or otherwise constitute a hazard because it is subject to the life/safety conditions listed below in the Conditions of Approval.

3. Finding: The proposed site would be adequate in terms of location, shape, and size to accommodate the temporary activity. (SMC §16.164.050(C)) Evidence: For the Day-to-Day Operation of Stocklandia, Staff determined that the site has adequate parking, sufficient circulation, and is appropriate for both the podcast studio and the "food truck park" on a temporary basis.

4. Finding: The proposed site would be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary activity would reasonably generate. (SMC §16.164.050(D)) Evidence: The site is a through lot and accessed via West Lane on the east side of the parcel, and Berkeley Avenue on the West side of the parcel. During the Day-to-Day Operation of Stocklandia, the existing parking area will accommodate the kind and quality of traffic expected on-site.

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Attachment A 667

Per SMC §16.64 (Off-Street Parking), Broadcasting Studios are required to be parked at a ratio of 1 space for every 200 SF of indoor floor area, and Industry, Manufacturing and Processing Uses are required to be parked at a ratio of 1 space for every 500 SF . Staff has estimated that the office use for the podcast studio of 800 SF requires four (4) parking stalls while the warehouse portion of the building (1000 SF) requires two (2) additional parking stalls; for a total of six (6) stalls for the podcast building.

While food trucks vary in size, each food truck is estimated to be approximately 16' long by

8.5' wide, or approximately 136 SF each. Per SMC 16.64 (Off-Street Parking and Loading), fast food/take out shall be parked at 1 space for every 100 SF of gross floor area. Five (5) food trucks have a combined estimated square footage on 680 SF and requires 6.8 parking stalls. Per SMC §16.08.020 (Rules of Interpretation), Staff is required to round the fractional/decimal results to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. Therefore, the required amount of parking for the food trucks is seven (7) spaces.

6. Finding: The design, location, size, and operating characteristics of the proposed temporary activity would be compatible with the existing and future land uses in the vicinity. (SMC §16.164.050(F))
Evidence: However, the proposed Day-to-Day Operations of the "food truck park" will occur on a developed site that was previously utilized for a used car dealership, and is in a predominantly industrial portion of the City where all parcels have an underlying zoning classification of Industrial Limited (IG) and a General Plan designation of Commercial.

8. Finding: The proposed permit would be in oompliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. (SMC §16.164.050(H)) Evidence: The project site concerns an existing private structure, involving negligible or no expansion of an existing or former use. Given these facts, the proposed temporary activities are Categorically Exempt pursuant to CEQA Guidelines §15301 (Existing Facilities).

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Attachment A 668

CONDITIONS OF APPROVAL
Standard Conditions - Grand Opening Event and Day-to-Day Operation

1. This approval is for the plans and/or operation parameters identified in Exhibit A.

2. This approval is effective immediately, unless appealed in accordance with SMC §16.100 (Appeals).

3. Changes to this approval shall be considered in accordance with SMC Chapter 16.104 (Changes to an Approved Project).

4. Compliance with these conditions is mandatory. Failure to comply with these conditions is unlawful, constitutes a public nuisance, and is subject to the remedies and penalties identified in the Stockton Municipal Code, including but not limited to, monetary fines and revocation or modification of said approval(s).

5. Each site occupied by a temporary activity shall be completely free of all evidence of the activity within seven (7) days following the termination of the activity. Temporary activities that do not comply with this standard shall be subject to code enforcement action, in compliance with Chapter 16.224 (Enforcement).

6. In accordance with SMC §16.164.030(8)(11 ), this activity is similar in nature to other activities that are allowed with a Temporary Activity Permit, and this Temporary Activity Permit application has been reviewed by all applicable City departments prior to the commencement of the activity. This permit shall be effective for Grand Opening Event and for Day-to-Day Operations of the "food truck park" at Stocklandia for a time period of six (6) months, that shall expire on April 30, 2021.

Project-Specific Conditions - Grand Opening Event
Current Planning Section

7. The applicant shall review and understand the City Business License Regulations for motorized food wagons (trucks) under SMC §5.72 (Motorized Food Wagons), and shall verify that all food wagons (trucks) that operate on the project site, possess a City of Stockton Business License; further the applicant shall ensure that all food wagons (trucks) that operate on the project site are in compliance with the Business License Regulations and SMC §16.80.020(8)(4) (Accessory Uses and Structures).

Neighborhood Services

8. Applicant shall ensure that adequate lighting is provided on-site to ensure customer safety.

Lighting shall be directed downwards and away from public streets and adjacent properties.

9. Applicant shall provide designated parking for the food wagon customers, in addition to the required parking for the Pod cast use.

10.Applicant shall provide for safe vehicular circulation on the site, and ensure potential traffic

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Attachment A 669
hazards at the site driveway access to and from West Lane are prevented.

Fire Department

11. Fire Department access onto and off the site shall be maintained via the center drive aisle as recorded on the site plan exhibit. Entrance and exits shall be maintained from West Lane and Berkeley Avenue.

12. Manually operated security gates shall be equipped with a locking system that can be accessible by the Fire Department. Chain and padlocks that can be cut with bolt cutters are allowed. Otherwise, if a case-hardened padlock is used, a Fire Department approved KNOX box shall be installed on the gate. A key for the padlock will need to be placed in the KNOX box, if installed. If the gate is changed to a motorized (electric) type, then a Fire Department approved KNOX key switch is required. An electrical permit would also be required for the motorized gate if one is installed.

13.AII food trucks associated with Stocklandia will require a fire inspection to ensure and verify proper fire protection systems are installed for their cooking equipment. All food trucks associated with Stocklandia will require an Operational Fire Permit. Permit to be issued subject to completion of the fire inspection. Operational Fire Permits are required to be renewed annually.

Project-Specific Conditions - Day to Day Operation
Current Planning Section

14. The applicant shall review and understand the City Business License Regulations for motorized food wagons (trucks) under SMC §5.72 (Motorized Food Wagons), and shall verify that all food wagons (trucks) that operate on the project site, possess a City of Stockton Business License; further, the applicant shall ensure that all food wagons (trucks) that operate on the project site adhere to the Business License Regulations and SMC §16.80.020(8)(4) (Accessory Uses and Structures).

Neighborhood Services

15.Applicant shall ensure signs are posted at the food wagons indicating that loitering is not permitted, and customers may only remain on the lot for up to 15 minutes after receiving their food.

16. Applicant shall ensure that adequate lighting is provided on-site to ensure customer safety.

Lighting shall be directed downwards and away from public streets and adjacent properties.

17.Applicant shall provide designated parking for the food wagon customers, in addition to the required parking for the Pod cast use

18. Applicant shall provide for safe vehicular circulation on the site and ensure potential traffic hazards at the site driveway access to and from West Lane are prevented.

19. Require business licenses and a Mobile Food Vendor Permits for each food wagon

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Attachment A 670

20. Require current San Joaquin County Environmental Health permits for each food wagon.

21. Require proof that wagons are stored at an approved commissary.

22. Provide an affidavit in a form approved by the City from the property owner (if other than self) permitting the vendor to locate on the site.

Engineering Section

23. Sliding gates at driveways intended for customer and employee access shall remain open at all times during posted business hours.

24. Applicant shall ensure that food wagons operating at the site do not interfere with site driveway access and on-site circulation that may result in a traffic hazard.

Building & Life Safetv Division

25. If any permanent alterations are proposed to the building or the site, a building permit(s) will be required.

Fire Department

26. Fire Department access onto and off the site shall be maintained via the center drive aisle as recorded on the site plan exhibit. Entrance and exits shall be maintained from West Lane and Berkeley Avenue.

27. Manually operated security gates shall be equipped with a locking system that can be accessible by the Fire Department. Chain and padlocks that can be cut with bolt cutters are allowed. Otherwise, if a case-hardened padlock is used, a Fire Department approved KNOX box shall be installed on the gate. A key for the padlock will need to be placed in the KNOX box, if installed. If the gate is changed to a motorized (electric) type, then a Fire Department approved KNOX key switch is required. An electrical permit would also be required for the motorized gate if one is installed.

28. All food trucks associated with Stocklandia will require a fire inspection to ensure and verify proper fire protection systems are installed for their cooking equipment.

29.AII food trucks associated with Stocklandia will require an Operational Fire Permit. Permit to be issued subject to completion of the fire inspection. Operational Fire Permits are required to be renewed annually.

Municipal Utilities Department

30. All commissary operations for the food trucks are to occur offsite at an approved commissary.

Any food processing or cleaning wastewater discharged to the public sewer shall be through a City Standard Grease interceptor.

31. If vehicular washing or maintenance is proposed, a sand-oil separator will be required.

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Attachment A 671
Public Works Department

32. To keep site exiting traffic safe during business operating hours, the applicant shall place Type 2 barricades in the West Lane parking lane area adjacent to the site, to create a temporary "No Parking Zone", starting at the site driveway access and extending 50' to the north. Public Works Traffic Engineering may contacted at (209) 937-8237 for consultation.

33. East Ronald Avenue and Berkeley Avenue are considered residential streets. Trucks are required to utilize West Lane for egress and ingress to the site.

Administrative Services Department

34. Applicant is required to obtain a Commercial Rental Business License as the food trucks would be renting a space from Stocklandia. The current approved business license for the podcast studio makes no mention of the food trucks and therefore would be unable to claim income under that license.

35. The property owner is required to obtain a Commercial Rental Business License to claim income from Stocklandia on the subject parcel.

Conclusion
Acceptance of this Temporary Activity Permit includes acknowledgement by the applicant that future Municipal Code amendments pertaining to food trucks and/or food truck parks may result in development standards which may affect this use, location and/or operation. Issuance of this Temporary Activity Permit does not guarantee continued use and/or confer any rights beyond those included in the permit, including designation as a Legal Nonconforming or "Grandfathered" use.

This decision may be appealed to the Planning Commission in accordance with SMC §16.164.080(A) and Chapter §16.100 (Appeals). An appeal must be filed with the clerk within 10 days and accompanied by the requisite fee. If no appeal is filed within that time, the decision shall be final.
ions, contact me at [email protected] or (209) 937-8900.

WILLIAM CREW, DIR CTOR

COMMUNITY DEVELOPMENT DEPARTMENT

ATTACHMENTS
Exhibit A - Site Plans

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Attachment A 676

COMMUNITY DEVELOPMENT DEPARTMENT
Permit Center • 345 N. El Dorado Street • Stockton, CA 95202 • (209) 937-8444 • Fax (209) 937-8893 www.stocktonca.gov

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May 25, 2021
Stocklandia
Attn: Veronica Martinez
2107 West Lane
Stockton, CA 95205
RE: Temporary Activity Permit Time Extension Request #P21-0383 2107 West Lane; APN# 117-090-11
Ms. Martinez:

This letter provides the City of Stockton’s determination in response to your Time Extension request for Temporary Activity Permit (TAP) P20-0824 at 2107 West Lane for a “food truck park” use. The Temporary Activity Permit time extension application has been reviewed by all applicable City departments.

Based on observations regarding business operations during the initial 6-month TAP, existing Code standards, and submitted documentation, the City of Stockton has determined that the time extension request for TAP P20-0824 will not be granted.

Findings
Per SMC 16.164.050 [Temporary Activity Permits – Findings and Decision], a TAP shall only be approved if all of the eight (8) findings of fact can be made. The same findings are being utilized in regard to your submitted Time Extension Request. It is the responsibility of the applicant to establish evidence in support of the required findings.

Further, per SMC 16.96.030 [Extensions of time] “The burden of proof is on the permittee to establish, with substantial evidence, why the permit or entitlement should be extended.”

1. Finding: The proposed temporary activity would not be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan. (SMC 16.164.050.A) Evidence: A podcast studio is allowed in the IL (Industrial, Limited) Zoning District per Stockton Municipal Code section 16.164.010.B. However, a Food Truck Park is not identified in the Code. In this case, unless specific food wagon (truck) park regulations are adopted via Ordinance, the Food Truck Park Use is not a permitted use in the IL zoning district, notwithstanding the failed 6-month trial period under the TAP.

Attachment B 677

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2. Finding: The establishment, maintenance, or operation of the proposed temporary activity at the location proposed and within the time period(s) identified may endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed activity. (SMC 16.164.050.B).

Evidence: As proposed, Stocklandia’s Day-to-Day Operations including five (5) food wagons (trucks), one-way vehicle access that directs traffic to existing residential, and 17 off-site parking spaces, may endanger, jeopardize, or otherwise constitute a hazard due to the following:
• Insufficient parking
• Lack of two-way ingress/egress
• Impacts to neighboring properties (increased traffic, decreased street parking, noise, etc.)
• Site configuration and Accessibility concerns

3. Finding: The proposed site would not be adequate in terms of location, shape, and size to accommodate the temporary activity. (SMC 16.164.050.C) Evidence: Based upon observations regarding business operations during the initial 6-month TAP, updated floor plan, and land uses on site, staff determined that the site cannot accommodate five (5) food wagons (trucks). To support all proposed uses of the site, twenty-two (22) parking spaces are required per the SMC. The site’s proposed one-way circulation is also insufficient for current business traffic demands. The site is appropriate for the podcast studio and office uses only.

Further, it is the applicant and business owner’s responsibility to comply with all applicable provisions of the Americans with Disabilities Act, Title III for the public accommodations associated with this proposed use. Current configuration does not provide all necessary accommodations.

4. Finding: The proposed site would not be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary activity would reasonably generate. (SMC 16.164.050.D) Evidence: The site is a through lot and accessed via West Lane on the east side of the parcel, and Berkeley Avenue on the west side of the parcel. During the Day-toDay Operation of Stocklandia, the site, as currently configured, cannot accommodate the kind and quantity of traffic expected on-site as it is proposing oneway access from West Lane. Berkeley Avenue is not designed to accommodate the traffic generated by the food truck park use.

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Evidence: For the Day-to-Day Operation of the Stocklandia podcast business and “food truck park,” parking is available on-site. The submitted site plan identifies seventeen (17) available parking stalls (stalls identified on any part of the City rightof-way cannot be considered off-street parking, nor can space no. 6 which extends into the required fire lane) and, per the information below, has a required parking amount of twenty-two (22) spaces; fifteen (15) spaces for the building and seven (7) spaces allocated for the food wagons (trucks).

In its analysis, staff has identified three land uses on the site: Broadcast Studio, Business Office, and Take Out Restaurant; each have their own parking ratio. Per SMC chapter 16.64 (Off-Street Parking) the following parking ratios apply:

Land Use Parking Ratio Square Footage
of Use on Site
Required
Number of
Spaces
Broadcasting Studios 1 space for every 200
SF of indoor floor area 132 1
Business/Professional
(offices)
1 space for every 200
SF of indoor floor area 548 3
Restaurants – Fast
Food/Take Out (food
trucks)
1 space for every 100
SF of indoor floor area
680
(five trucks) 7
1,116
(shop area) 11
Total Required Parking Spaces 22*
*Of the 22 spaces, 1 must be ADA van accessible).

The shop area is being considered a part of Stocklandia’s overall food truck park facility and therefore included in the parking calculation above.

While food wagons (trucks) vary in size, each food truck is estimated to be approximately 16’ long by 8.5’ wide, or approximately 136 SF each. Per SMC chapter 16.64 (Off-Street Parking and Loading), fast food/take out shall be parked at 1 space for every 100 SF of gross floor area. Five (5) food wagons (trucks) have a combined estimated square footage of 680 SF and requires 6.8 parking stalls. Per SMC section16.08.020 (Rules of Interpretation), staff is required to round the fractional/decimal results to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. Therefore, the required amount of parking for the food trucks is seven (7) spaces. The parking ratio identifies a minimum of twenty-two (22) spaces, while the site plan identifies seventeen (17) spaces. Per the submitted site plan, there is insufficient parking to accommodate vehicular traffic generated by Stocklandia. No off-site parking at an alternate location was proposed by the applicant (parking in the right of way does not constitute off-site parking).

Attachment B 679

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6. Finding: The design, location, size, and operating characteristics of the proposed temporary activity would not be compatible with the existing and future land uses in the vicinity (SMC 16.164.050.F).

Evidence: The proposed Day-to-Day Operations of the “food truck park” will occur on a developed site that was previously utilized for a used car dealership/auto parts/auto service and is in a predominantly industrial portion of the City where all parcels have an underlying zoning classification of Industrial, Limited (IL) and a General Plan designation of Commercial. The podcast and office uses are currently allowed on site; however a food truck park is not. A single incidental food wagon (truck) is permissible per SMC 16.80.020.B.4.a.i. Please note that any more than one food wagon (truck) on the site would potentially become a destination use (as opposed to an accessory use) that may result in additional traffic at the site and potentially unsafe on-site traffic circulation.

8. Finding: The proposed permit would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. (SMC

16.164.050.H)
Evidence: The project site concerns an existing private structure, involving negligible or no expansion of an existing or former use. Given these facts, the proposed temporary activities are Categorically Exempt pursuant to CEQA Guidelines §15301 (Existing Facilities).

Noncompliance with Conditions of Approval
Original conditions of approval for TAP 20-0824 required the applicant to obtain a Commercial Rental Business License as the food wagons (trucks) would be renting a space from Stocklandia. This condition was never met, the current approved business license for the podcast studio makes no mention of the food trucks and is unable to claim income under that license. The property owner also failed to obtain a Commercial Rental Business License to claim income from Stocklandia on the subject parcel.

Additionally, other conditions of approval such as the total number of food wagons, the use of tables and chairs, and use of a commissary for overnight parking were not adhered to.

The original TAP made clear that compliance with the conditions of approval was mandatory. Consistent with SMC 16.164.070, said conditions were found to be reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.164.050.

Attachment B 680

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Conclusion
The TAP expired on April 30, 2021. You were permitted to continue operating in the interim pending the determination of your time extension request. Per the findings above, a time extension will not be granted. The project site at 2107 West Lane shall be completely free of all evidence of the activity within seven (7) days of the date of this letter (SMC 16.164.080). Temporary activities that do not comply shall be subject to code enforcement action, in compliance with SMC chapter 16.224 (Enforcement).

In accordance with SMC section 16.164.080.A and chapter 16.100, this determination may be appealed to the Planning Commission and is subject to a ten (10) day appeal period (from the date of this letter). An appeal shall be in writing, state the grounds for appeal, include a fee of $567.50, and be submitted to the Community Development Department at 345 North El Dorado Street before 4:30 p.m., on June 7, 2021.

For your convenience, you can download the:
• Instructions at: ElectronicPlanningApplicationSub.pdf (stocktongov.com) • Application form at: PlanningApplication.pdf (stocktongov.com).

On the application form, please check the “Appeal to Planning Commission” box. The application can be submitted in person at the Permit Center or via e-mail to [email protected] as follows:

A. SUBJECT LINE: In ALL CAPS enter “NEW PLANNING APPLICATION” along with the project site’s address(es).

B. E-MAIL BODY: Include, at minimum, the applicant’s name and contact info, property owner (if different) name and contact info, and brief project description.

C. FILE TRANSFER: All files shall be in PDF format. Combined file sizes over 20 MB shall be submitted via a cloud-based download service (e.g., Box, Google Drive, Dropbox). NOTE: no link shall require the creation of an account, download of software, subscription, fee payment, etc.

If you elect to submit in person, all appeal documentation must also be provided in a digital format (usb drive is acceptable). If no appeal is filed within that time, the decision shall be final.

Should you have any questions regarding this matter, please contact Stephanie Ocasio, Assistant Director of CDD at [email protected] or (209) 937-8544.

Thank You,

WILLIAM CREW, DIRECTOR

COMMUNITY DEVELOPMENT DEPARTMENT
Attachment B 681

APPEAL TO PLANNING

COMMISSION

TEMPORARY ACTIVITY PERMIT TIME EXTENSION REQUEST
#P21-0383
Stocklandia LLC
2107 West Lane, Stockton Ca 95205
Attachment C 682
Eiodinas
Per SMC 16.164.050 [Temporary Activity Permits - Findings and Decision], a TAP shall only be approved if all of the eight (8) findings of fact can be made. The same findings are being utilized in regard to your submitted Time Extension Request. It is the responsibility of the applicant to establish evidence in support of the required findings.

Further, per SMC 16.96.030 [Extensions of time] "The burden of proof is on the permittee to establish, with substantial evidence, why the permit or entitlement should be extended."

Per section 16.08 (F) Unlisted Uses of Land may be allowed under Director's determination. As originally stated in TAP #P20-0284 Response Dated 03/25/2021 (See Image Below and Attachment # 1 As reference) the City of Stockton has formed a committee of 14 members including Stocklandia LLC to form a committee for creation of a Food Truck Ordinance. The City of Stockton's creation of an Ad Hoc committee to address the growing need of the local Food Truck industry, indicates the City recognizes its potential as a viable revenue source for the City and that regulations to manage such operations is needed. Since the TAP is utilized throughout the City of Stockton for similar activities and conditions imposed on such events are required to ensure the health and safety for those who participate in those events; it would not be unreasonable for events like the Food Truck Wagons, to continue subject to the conditions originally imposed by the Planning Department for the current TAP. Applicant will ensure compliance with said conditions and would agree to monitoring such operations as set forth by the Planning Department or Planning Commission. Such conditions can be reviewed at the end of each subsequent 6-month TAP period, until such time as a Food Truck Park Ordinance can be instituted.

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Attachment C 683
Food Truck Ordinance Update
Question 8: "What is the current state of the code committee, when is our first meeting, who are the members and what is the tlmellne for Implementation?" City Response: The Food Truck Ordinance Ad Hoc Committee currently has 14 confirmed members (including yourself). These members represent local government (City and County), local real estate, and the University of the Pacific. The City Is still working on obtaining additional members to represent other aspects of the Industry.

The City has also confirmed an Industry expert who has had success In the Food Truck Park industry in California that will be available to provide overall input and feedback.

Until the final member(s) are confirmed, a meeting will not be scheduled. As stated during previous correspondence, you will be notified (along with the rest of the Committee) when the first meeting is scheduled.

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Attachment C 684

Evidence: As proposed, Stocklandia's Day-to-Day Operations including five (5) food wagons (trucks), one-way vehicle access that directs traffic to existing residential, and 17 off-site parking spaces, may endanger, jeopardize, or otherwise constitute a hazard due to the following:
• Insufficient parking
• Lack of two-way ingress/egress
• Impacts to neighboring properties (increased traffic, decreased street parking, noise, etc.)
• Site configuration and Accessibility concerns
Appeal Response·
Proposal for alternate parking location at 1240 Klinger Road the parcel is approximately .13 acres and will provide perimeter parking with access from Klinger Road. The parcel is app. 430' from the primary site and is within the required distance as stated per SMC 16.64.080.b.4. The parking lot will meet standards as indicated per section 16.64, if deemed approved as substantial evidence to address the items listed by City of Stockton Planning Department.

3. Finding: The proposed site would not be adequate in terms of location, shape, and size to accommodate the temporary activity. (SMC 16.164.050.C) Evidence: Based upon observations regarding business operations during the initial 6-month TAP, updated floor plan, and land uses on site, staff determined that the site cannot accommodate five (5) food wagons (trucks). To support all proposed uses of the site, twenty-two (22) parking spaces are required per the SMC. The site's proposed one-way circulation is also insufficient for current business traffic demands. The site is appropriate for the podcast studio and office uses only.

Further, it is the applicant and business owner's responsibility to comply with all applicable provisions of the Americans with Disabilities Act, Title 111 for the public accommodations associated with this proposed use. Current configuration does not provide all necessary accommodations.

Appeal Response: The project site is currently configured with ADA Van Parking and accessibility requirements. The restrooms to be utilized by the patrons is an ADA approved Portable Restroom. (last line should say: The site surface which had previously been utilized as a permitted Used Auto Sales dealership and Auto Parts Sales Department, is located on a paved level surface as the existing structure is one-story building, thus no stairs are needed or required by building code requirements ..

Current site does have ADA van parking and accessibility as per ADA Requirements the restrooms for customers is an ADA Portable restroom. The restrooms in the office area and the warehouse also have_A 42 inches (1065 mm) minimum length grab bar is required

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Attachment C 685
on the side wall, spaced a maximum of 12 inches (305 mm) from the back wall and extending a minimum of 54 inches (1370 mm) from the back wall at a height of 33-36 inches. A van-accessible space of 11 feet in width with an access aisle that is of 8 feet in width. An access aisle must span the entire length of the parking space and not intrude in the space. The ground on the site is leveled and there are no stairs or steps on site for customer access. The site surface which had previously been utilized as a permitted Used Auto Sales dealership and Auto Parts Sales Department, is located on a paved level surface as the existing structure is one-story building, thus no stairs are needed or required by building code requirements ..

Appeal Response: See response for Finding #2

Page4
Attachment C 686
Evidence: For the Day-to-Day Operation of the Stocklandia podcast business and "food truck park," parking is available on-site. The submitted site plan identifies seventeen (17) available parking stalls (stalls identified on any part of the City right- of-way cannot be considered off-street parking, nor can space no. 6 which extends into the required fire lane) and, per the information below, has a required parking amount of twenty-two (22) spaces; fifteen (15) spaces for the building and seven (7) spaces allocated for the food wagons (trucks).

Square Required
Land Use Parking Ratio Footage of Number
Use on Site of
SDaces
Broadcasting 1 space for every 132 1 200 SF of indoor
Studios floor area
Business/Profession 1 space for every 548 3 al (offices) 200 SF of indoor floor area
Restaurants - Fast
680
7 (five Food/Take Out 1 space for every trucks)
(food trucks) 100 SF of indoor 1,116 floor area (shop 11 area)
Total Required t'arking
$Daces
22*
*Of the 22 spaces, 1 must be ADA van accessible).

The shop area is being considered a part of Stocklandia's overall food truck park facility and therefore included in the parking calculation above.

While food wagons (trucks) vary in size, each food truck is estimated to be approximately 16' long by 8.5' wide, or approximately 136 SF each. Per SMC chapter 16.64 (Off-Street Parking and Loading), fast food/take out shall be parked at 1 space for every 100 SF of gross floor area. Five (5) food wagons (trucks) have a combined estimated square footage of 680 SF and requires 6.8 parking stalls. Per SMC section16.08.020 (Rules of Interpretation), staff is required to round the fractional/decimal results to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. Therefore, the required amount of parking for the food trucks is seven (7) spaces. The parking ratio identifies a minimum of twenty-two (22) spaces, while the site plan identifies seventeen (17) spaces. Per the submitted site plan, there is insufficient parking to accommodate vehicular traffic generated by Stocklandia. No off-site parking at an alternate location was proposed by the

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Attachment C 687
applicant (parking in the right of way does not constitute off-site parking).

Appeal R::!§Ponse= See response for Finding #2 additionally the provision of an adequate temporary parking agreement with a property owner within 430' of the project site will restrict vehicular access to the Food Trucks by its customers, thereby eliminating Findings No. 2 and 3. In addition, the City's parking requirement and analysis is not clearly defined. To note, the warehouse is being deemed an independent use. The Broadcast studio is a permitted use in the IL zone. The warehouse/storage portion of the existing structure is being utilized to store tables and chairs and banners, cleaning supplies and other items that the applicant utilizes for the Podcast events. The warehouse/storage portion is not being utilized for any other uses. As such the warehouse should be considered an accessory use to the Podcast Studio and should not be counted as part of the parking requirements. An example would be the previous permitted uses of a Used Car Dealership with the Auto Parts sales Department as an accessory use. Since Auto Parts Sales is not an approved standalone use in the IL zone, the Auto Parts Store would need to store their parts, just as the Broadcast Studio would need to store equipment, they use in their studio operations.

Regarding the City's finding that staff has identified three land uses on the site: Broadcast Studio, Business Office, and Take Out Restaurant. The applicant would contend that the Business Office may also be considered an accessory use to the Broadcast Studio, as Broadcast Studio would need a base of operations for phone calls, bookings, and standard office work for the Stocklandia podcast services and or operations. This would be consistent with such business as a Real Estate Office, and or bank. Regarding the Takeout Restaurant Use Type, the current parking ratio identified by the city parking ordinance is 1 space for every 100 SF of gross floor area (SMC Sec 16.08.020. The estimated square footage of Five (5) food wagons is 680 square feet which is equal in value to 6.8 parking spaces, rounded up to 7 spaces. The shop area is not identified. If the ratio for the parking of the trucks is 7 parking spaces, and there are no vehicular parking spaces being utilized for the customers on site, and the food purchased form the trucks is take out, the actual total parking ratio should be recalculated from 22 spaces down to a max of 7 parking spaces required. This will even allow for the Business/Office use type, even though it can be considered an accessory use to the Broadcast Operations. As indicated an alternative Parking agreement is available upon approval of this . Thus, the responses by the applicant Stocklandia for the City's findings Numbers 2-5, can be made.

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Attachment C 688

Evidence: The proposed Day-to-Day Operations of the "food truck park" will occur on a developed site that was previously utilized for a used car dealership/auto parts/auto service and is in a predominantly industrial portion of the City where all parcels have an underlying zoning classification of Industrial, Limited (IL) and a General Plan designation of Commercial. The podcast and office uses are currently allowed on site; however a food truck park is not. A single incidental food wagon (truck) is permissible per SMC 16.80.020.B.4.a.i. Please note that any more than one food wagon (truck) on the site would potentially become a destination use (as opposed to an accessory use) that may result in additional traffic at the site and potentially unsafe on-site traffic circulation.

Appeal Response: See response for Finding #2 for traffic and circulation resolution proposal. Food Wagons are permissible per SMC 16.80.020.B.4.a.i. the amount of trucks on private property is not defined and new code creation is required to outline use. With extension of this TAP and creation of new Stockton Muncipal Codes the permission of multiple trucks can be granted as the zoning is classification is allowed at 2107 West Lane. As indicated in Stockton Municipal Code Sec 16.80.020 Food Wagons are a permissible use on private property. A motorized Food Wagon is a permitted use in the IL zone, and the City approved the current TAP subject to the conditions originally attached by the City. The applicant has made an adjustment to address access by vehicles and parking by said patrons to the food trucks. A food wagon park Ordinance by the City can ensure that in certain situations that a primary and or future land uses can be maintained. While acknowledging there are currently no Municipal codes that would regulate the establishment and operations of a food truck park, the utilization of the TAP process allows the City Planning Department or Planning Commission to apply conditions upon such activity types. There are no statutes or municipal codes that ultimately determine the number of food trucks in place currently. However, if the applicant can eliminate the concerns the city may have under this finding such as the site possibly becoming a potential destination use, or additional traffic at the site, the applicant would comply with any appropriate conditions until such time as a Food Truck Ordinance can be implemented that will address the City's concerns. In, addition there are no proposals or plans to alter the current primary use of the Broadcast Studio. The applicants responses to findings numbers 6-7 can be made.

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Attachment C 689
Appeal Response: No current of future proposed changes to the site for the use of the Broadcasting Studio or the Food Truck Park have been made that would limit the range of possible land uses otherwise allowed by the Development Code.

8. Finding: The proposed permit would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. (SMC 16.164.050.H)
Evidence: The project site concerns an existing private structure, involving negligible or no expansion of an existing or former use. Given these facts, the proposed temporary activities are Categorically Exempt pursuant to CEQA Guidelines §15301 (Existing Facilities).

Appealing Response: As stated above the activities_Categorically Exempt pursuant to CEQA Guidelines §15301 (Existing Facilities).

Additionally, other conditions of approval such as the total number of food wagons, the use of tables and chairs, and use of a commissary for overnight parking were not adhered to.

Appeal Response:

A Commercial Business License was submitted by the applicant in October 2020.

However, it was not approved by staff because there is not a Use Type for Food Truck Parks. On June 2,2021, a second application was submitted again with all the required fees for a Commercial Business and were told by the Planning staff, that the application could not be processed as a Food Truck Park. The applicant has been prevented from acquiring a Commercial Business License at this point by the City Planning Department.

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Attachment C 690
In addition, as the tenant which is leasing the site has a business license to operate the Broadcast Studio. As a tenant, is not required to make the owner get a business license for use he is not a part of. This request by the city is not an appropriate request. An example would be tenant leasing a location for a liquor store. The tenant would be responsible for acquiring all necessary permits (California Alcohol Business Control, ABC -217) as well as the city's land use permit. The owner would not be required to purchase a license as well. Two Notice of Violations were issued to Stocklandia over the last 8 months NSS #040320212107-1 NSS #030420212107-1, both notices were immediately remediated and adhered to. There are no additional notices or citations that have been issued and as stated from Code Officer Alex Martinez via email to Stocklandia both notices have been complied with and resolved as of April 14th 2021The applicants responses to the city's findings for Number 8 can be made. conclusion
The TAP expired on April 30, 2021. You were permitted to continue operating in the interim pending the determination of your time extension request. Per the findings above, a time extension will not be granted. The project site at 2107 West Lane shall be completely free of all evidence of the activity within seven (7) days of the date of this letter (SMC 16.164.080). Temporary activities that do not comply shall be subject to code enforcement action, in compliance with SMC chapter 16.224 (Enforcement).

Appealing Concluskm:

The TAP was not extended due to the City's finding 1-8. The applicant has sufficiently addressed the findings with the appropriate responses. The applicant has also complied with all the conditions imposed on the current TAP by the City. In addition, the applicant has expressed that they are willing and open to a monitoring system that will ensure that the food truck operation remain in compliance with all the conditions imposed on this requested TAP, until such time that a more definitive municipal code can be implemented. The applicant agrees that a review of the TAP at the end of each TAP time period would be appropriate to ensure compliance as well. The applicant has further shown that they want to work with the city staff by being a member of the city's creation of an AD HOC committee to address the growing food truck industry. With the above referenced responses, the applicant request the Planning Commission uphold the applicants for ( Temporary Activity Permit (TAP) # P21-0383.

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Attachment C 691
City of Stockton
Legislation Text
File #: 21-0515, Version: 1
APPEAL OF THE DIRECTOR’S DETERMINATION TO DISAPPROVE A TIME EXTENSION REQUEST FOR TEMPORARY ACTIVITY PERMIT P20-0824 FOR A FOOD TRUCK PARK USE AT 2107 WEST LANE (APN 117-090-11)

RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution denying the appeal and uphold the Director’s Determination to disapprove a Time Extension request for Temporary Activity Permit P20-0824 for a food truck park use (also known as Stocklandia).

Summary
The Planning Commission is asked to consider an appeal of the Director’s Determination disapproving a Time Extension request for Temporary Activity Permit P20-0824 for a food truck park use at 2107 West Lane, (also known as Stocklandia).

The Community Development Department (CDD) reviewed the project file, submitted application, Time Extension Determination, submitted Appeal, and consulted with applicable City representatives.

Upon review of the aforementioned records as well as additional research and evaluation, the City maintains its position to deny the time extension. Therefore, staff recommends the Planning Commission deny the appeal and uphold the Director’s Determination.

DISCUSSION
Background
Temporary Activity Permit P20-0824 (Attachment A) was issued on October 20, 2020 to allow the temporary operation of a food truck park (i.e. six-month trial) at 2107 West Lane, also known as Stocklandia. The Temporary Activity Permit (TAP) expired on April 30, 2021. The project site has an active business license with the City for a Podcast Studio, which was obtained on September 9, 2020.

A Time Extension Request to extend the Temporary Activity Permit by six-months was submitted by the applicant on April 19, 2021.

On May 25, 2021, it was determined by the Director that the time extension request would not be granted based on noncompliant business operations during the initial six-month TAP, existing Code standards, and submitted documentation (Attachment B - TAP Extension Determination).

An appeal of the determination was received on June 3, 2021 (Attachment C - Submitted Appeal) contesting the findings that Staff made for supporting denial of the time extension.

City of Stockton Page 1 of 12 Printed on 7/15/2021
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Attachment D 692
File #: 21-0515, Version: 1
Subject Property
The project site, generally referred to as 2107 West Lane, is situated on the west side of West Lane between East Ronald Street, Berkeley Avenue, and University Avenue. General Plan, Zoning Designations and Land Uses are as follows:

Property Zone General Plan Use
Subject
Site
IL (Industrial, Limited) Commercial Podcast / Food Truck Park North IL (Industrial, Limited) Commercial Residential
South IL (Industrial, Limited) Commercial Mini Storage
East IL (Industrial, Limited) / RM
(Residential, Medium Density)
Commercial /
Institutional
Home Improvement Supply /
Middle School
West IL (Industrial, Limited) Commercial Residential
The lot is rectangular in shape and has an area of approximately 17,000-square feet (0.39 acres) An existing building occupies the north end of the lot and is oriented east and south. This building houses the Stocklandia office, as well as a Podcast studio.

Per the submitted plans, the subject building is a single-story metal structure with a total building area of 1,800-square feet. The building floor plan is comprised of two offices, an entry area, broadcast studio, two (2) ADA restrooms, and a warehouse/rental space. The structure was previously occupied by a used car dealership/auto parts/auto service land use.

The Stockton Municipal Code (SMC) is a permissive regulation, which means if the Code is silent on a particular land use, then the use is not allowed. Instead of denying the "Food Truck Park" use outright as it is not a listed use in the Code, the Director made a determination to allow a Temporary Activity Permit which was issued on October 29, 2020. This approval was to provide an opportunity for the City to support small businesses, allow the use under a "test trial" period (which was for a period of six (6) months), and provide the City time to analyze and research the possibility of a code amendment to regulate this new business type.

Per SMC 16.164.010, Temporary Activity Permits are issued for temporary activities (e.g., events and uses) to ensure basic health, safety, and community welfare standards are met. A TAP is also designed to approve suitable temporary activities with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. TAPs allow short-term activities that might not meet the normal development or use standards of the applicable zoning district but may otherwise be acceptable because of their temporary nature (such as Farmers’ Markets, or Christmas Tree Lots).

The Conditions of Approval for a TAP are meant to minimize/mitigate potential incompatibilities of a temporary activity and to limit its scope and duration to protect the public convenience, health, interest, safety, and general welfare. TAP P20-0824 was issued for Stocklandia to address their grand opening event as well as their day-to-day operations. A total of thirty-five (35) conditions of approval were issued with the TAP. These conditions ranged from adequate lighting, regulating City of Stockton Page 2 of 12 Printed on 7/15/2021
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Attachment D 693
File #: 21-0515, Version: 1
vehicular access, provision of parking, prohibition of tables and chairs, procurement of necessary licensing, etc.

Present Situation
Time Extension Request was received on April 19, 2021. Stocklandia’s TAP expired on April 30, 2021. The applicant was permitted to continue operations in the interim pending the determination of said time extension request.

Per SMC section 16.96.030, the burden of proof is on the permittee to establish, with substantial evidence, why the permit should be extended. The Director may approve, approve with modifications, or disapprove the extension request. The same findings required for a TAP approval (SMC

16.164.050) were utilized in the time extension analysis. Per said findings and noncompliance with the TAP conditions of approval, the May 25, 2021 Director’s Determination did not grant an extension.

TAP noncompliance issues include: not obtaining necessary business licensing for commercial rental activities (renting spaces to food trucks), exceeding the maximum number of food wagons, overnight food truck parking/storage, and utilization of tables and chairs. The latter requirement is consistent with SMC section 5.72.100, where tables and chairs are not permitted in conjunction with motorized food wagons (i.e. food trucks). The original TAP made clear that compliance with the conditions of approval was mandatory. Consistent with SMC 16.164.070, said conditions were found to be reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.164.050. The applicant disagreed with the determination and filed an appeal on June 3, 2021, within the allowable 10-day appeal period.

Appeal Analysis
According to the appellant, the basis for the submitted appeal is as follows (rebuttals have been edited for clarity, full verbiage is available in Attachment C).

Finding 1: The proposed temporary activity would not be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan. (SMC 16.164.050.A)
A podcast studio is allowed in the Industrial, Limited (IL) Zoning District per SMC 16.164.010.B.

However, a Food Truck Park is not an identified land use in the Code. In this case, unless specific food wagon (truck) park regulations are adopted via Ordinance, the Food Truck Park Use is not a permitted use in the IL zoning district or in any zone, notwithstanding the failed six-month trial period under the TAP.

Appellant Rebuttal:

Per section 16.08 (F) Unlisted Uses of Land may be allowed under Director's determination. The appellant asserts that the City recognizes the potential of food truck parks as a viable revenue source and that regulations to manage such operations is needed.

Since the TAP is utilized throughout the City of Stockton for similar activities and imposes conditions City of Stockton Page 3 of 12 Printed on 7/15/2021
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Attachment D 694
File #: 21-0515, Version: 1
to ensure the health and safety for those who participate in those events; the appellant believes that it would not be unreasonable for events like the Food Truck Parks to continue, subject to the conditions originally imposed for the current TAP.

Applicant states that they will ensure compliance with said conditions and would agree to monitoring such operations as set forth by the Planning Division or Planning Commission and that such conditions can be reviewed at the end of each subsequent TAP period, until such time as a Food Truck Park Ordinance can be instituted.

City Response
Given the applicant’s inability/refusal to comply with the TAP conditions of approval and that the food truck park use is not currently allowed, it is inconsistent with the Zoning Code, general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan.

Finding 2: The establishment, maintenance, or operation of the proposed temporary activity at the location proposed and within the time period(s) identified may endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed activity. (SMC 16.164.050.B).

As proposed, Stocklandia’s Day-to-Day Operations including five (5) food wagons (trucks), one-way vehicle access that directs traffic to existing residential, and 17 off-site parking spaces, may endanger, jeopardize, or otherwise constitute a hazard due to the following:
x Insufficient parking
x Lack of two-way ingress/egress
x Impacts to neighboring properties (increased traffic, decreased street parking, noise, etc.) x Site configuration and Accessibility concerns
Appellant Rebuttal:

The appellant is proposing an alternate parking location at 1240 Klinger Road. The parcel is approximately .13 acres and will provide perimeter parking with access from Klinger Road. They confirm that the parcel is approximately 430 feet from the primary site and is within the required distance as stated per SMC 16.64.080.b.4. The applicant asserts that the parking lot will meet standards as indicated per section 16.64.

City Response

16.64.080.B.4 states that, for nonresidential uses, permanent parking shall be located on the same parcel as the uses served, except that parking may be located on a parcel adjacent to, or within 500 feet of, the use served subject to a permanent covenant recorded with the County Recorder guaranteeing that the required parking would be maintained exclusively for the use or activity served.

The agreement shall be approved by the Director and as to form by the City Attorney and a copy shall be filed with the Department. No covenant agreement has been submitted to the City.

Further, the site is undeveloped and would require Site Plan Review approval for the development of a parking lot for Stocklandia’s use. The development of the site is a change in use from undeveloped City of Stockton Page 4 of 12 Printed on 7/15/2021
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Attachment D 695
File #: 21-0515, Version: 1
to parking facilities. Per SMC 16.152.030, the Director shall review projects for the appropriate and efficient layout of a site as an integral part of the development approval process. Each project that proposes to change an existing use to a different use of a structure, as defined in this Development Code, shall require that site plan review be completed and granted before the use of the structure is initiated. No applications or approvals have been received or granted for said location. In order to be utilized as a parking lot, the site is subject to the provisions of SMC Chapter 16.64, particularly

16.64.030 [General parking regulations], including but not limited to:
x Required parking and loading spaces shall be permanently available; off-site parking shall require a permanent covenant in compliance with Section 16.64.080(B)(4) (Location). The spaces shall be marked (except for single-family dwellings, duplexes, and triplexes) and maintained for parking or loading purposes for the use they are intended to serve. x During business hours, parking and loading facilities required by this chapter shall be available to the general public without charge, except for colleges and universities. A fee for parking may only be charged for spaces that exceed the requirements of this chapter. x Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, and litter and shall be maintained to prevent the tracking of dirt, mud and/or gravel into the right-of-way. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained and meet the requirements of Section

8.36.010 of the Municipal Code.
x Parking spaces, driveways, maneuvering aisles, and turnaround areas shall be paved with a permanent surface, consisting of concrete, asphalt or other similar material authorized by the City’s Standard Specifications. Compacted soil and/or gravel shall not be considered an acceptable surface.

Further, the appellant has not addressed their proposed use’s impact to the surrounding neighborhood. Since operations began, there have been ten (10) confirmed complaints regarding operations at 2107 West Lane, resulting in verbal warnings and citations from Code Enforcement.

Not all complaints have been confirmed/verified by the City. Concerns received included the following:
x Non permitted food trucks and vendors
x Provision of tables
x No access to restrooms
x Alcohol sales
x Noise
x Rodents
x Lack of Trash/refuse containment
x Blocked driveways
x Exceeding maximum number of food trucks
Regarding accessibility, please refer to City response for the rebuttal of Finding #3.

Additional discussion regarding noncompliance can be found below.

Finding 3: The proposed site would not be adequate in terms of location, shape, and size to City of Stockton Page 5 of 12 Printed on 7/15/2021
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Attachment D 696
File #: 21-0515, Version: 1
accommodate the temporary activity. (SMC 16.164.050.C)
Based upon observations regarding business operations during the initial six-month TAP, updated floor plan, and land uses on site, staff determined that the site cannot accommodate five (5) food wagons (trucks). To support all proposed uses of the site, twenty-two (22) parking spaces are required per the SMC. The site’s proposed one-way circulation is also insufficient for current business traffic demands. The site is appropriate for the podcast studio and office uses only.

Appellant Rebuttal:

The appellant asserts that the project site is currently configured with ADA Van Parking and accessibility requirements and the restrooms to be utilized by patrons are ADA approved Portable Restrooms. They state that the proposed location for business activities is located on a paved level surface as the existing structure is a one-story building, thus no stairs are needed or required by building code requirements.

City Response
Based on the submitted plans, the current configuration does not provide all necessary accommodations. If a time extension is approved, a condition of approval would be recommended that the site layout be submitted for ADA analysis by the Building Division.

Finding 4: The proposed site would not be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary activity would reasonably generate. (SMC 16.164.050.D)
The site is a through lot and accessed via West Lane on the east side of the parcel, and Berkeley Avenue on the west side of the parcel. During the Day-to-Day Operation of Stocklandia, the site as currently configured, cannot accommodate the kind and quantity of traffic expected on-site as it is proposing one-way access from West Lane through to Berkeley Avenue. Berkeley Avenue is a residential street and not designed to accommodate the traffic generated by the food truck park use.

Appellant Rebuttal:

The appellant refers to previous response to Finding #2 City Response:

Please refer to City response for the rebuttal of Finding #2. Further, the proposed one-way configuration will result in traffic being directed into a residential neighborhood. The addition of off-site parking may assist with this. If a time extension is approved, a condition of approval would be recommended that the site access be two-way to further decrease impacts to the immediately adjacent residential neighborhood.

Finding 5: Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary activity would not be available either on-site or at an alternate location(s) which is acceptable to the Director. (SMC 16.164.050.E)
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Attachment D 697
File #: 21-0515, Version: 1
For the Day-to-Day Operation of the Stocklandia podcast business and “food truck park,” parking is available on-site. The submitted site plan identifies seventeen (17) available parking stalls (stalls identified on any part of the City right-of-way cannot be considered off-street parking, nor can space no. 6 which extends into the required fire lane) and, per the information below, has a required parking amount of twenty-two (22) spaces; fifteen (15) spaces for the building and seven (7) spaces allocated for the food wagons (trucks).

In its analysis, staff has identified three (3) land uses on the site: Broadcast Studio, Business Office, and Take Out Restaurant; each have their own parking ratio. Per SMC chapter 16.64 (Off-Street Parking) the following parking ratios apply:

Land Use Parking Ratio Square Footage
of Use on Site
Required Number
of Spaces
Broadcasting Studios 1 space for every 200
SF of indoor floor area
132 1
Business/Professional
(offices)
1 space for every 200
SF of indoor floor area
548 3
Restaurants - Fast Food/Take
Out (food trucks)
1 space for every 100
SF of indoor floor area
680 (five trucks) 7
1,116 (shop area) 11
Total Required Parking Spaces 22*
*Of the 22 spaces, 1 must be ADA van accessible).

The shop area is being considered a part of Stocklandia’s overall food truck park facility and therefore included in the parking calculation above.

While food wagons (trucks) vary in size, each food truck is estimated to be approximately 16’ long by

8.5’ wide, or approximately 136 SF each. Per SMC chapter 16.64 (Off-Street Parking and Loading), fast food/take out shall be parked at 1 space for every 100 SF of gross floor area. Five (5) food wagons (trucks) have a combined estimated square footage of 680 SF and requires 6.8 parking stalls. Per SMC section 16.08.020 (Rules of Interpretation), staff is required to round the fractional/decimal results to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. Therefore, the required amount of parking for the food trucks is seven (7) spaces.

The parking ratio identifies a minimum of twenty-two (22) spaces, while the site plan identifies seventeen (17) spaces. Per the submitted site plan, there is insufficient parking to accommodate vehicular traffic generated by Stocklandia. At the time of Time Extension request, no off-site parking at an alternate location was proposed by the applicant (parking in the right of way does not constitute off-site parking).

Appellant Rebuttal:

The appellant refers to previous response to Finding #2. Further, the appellant has offered the provision of a temporary parking agreement with a property owner within 430' of the project site and will restrict vehicular access to the Food Trucks by its customers, thereby eliminating Findings No. 2 and 3.

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Attachment D 698
File #: 21-0515, Version: 1
The appellant asserts that the City's parking requirement and analysis is not clearly defined and that the warehouse/storage portion and business offices be considered accessory uses to the primary broadcast studio use. It is also stated that the number of required parking spaces be reduced due to the understanding that food served by food trucks is take-out.

City Response
Per SMC 16.64.020, every use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 16.228 (Nonconforming Uses, Structures, and Parcels), shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not commence, and structures shall not be occupied until improvements required by this chapter are satisfactorily completed. Land uses within a building must all be counted in a parking calculation.

Potential reductions to parking must be in accordance with SMC 16.64.050.B (pertains to the reduction or waiver of parking requirements). These reductions/waivers can only be granted when certain conditions are met such as the provision of electric vehicle charging stations, motorcycle parking, etc. - none of which apply to 2107 West Lane.

Finding 6: The design, location, size, and operating characteristics of the proposed temporary activity would not be compatible with the existing and future land uses in the vicinity (SMC 16.164.050.F).

The proposed Day-to-Day Operations of the “food truck park” have occurred on a developed site that was previously utilized for a used car dealership/auto parts/auto service. The project site is in a predominantly industrial portion of the City where all parcels have an underlying zoning classification of Industrial, Limited (IL) and a General Plan designation of Commercial. The podcast and office uses are currently allowed on site; however a food truck park is not. A single incidental food wagon (truck) is permissible per SMC 16.80.020.B.4.a.i. Please note that more than one food wagon (truck) on the site could potentially become a destination use (as opposed to an accessory use) that may result in additional traffic at the site and potentially unsafe on-site traffic circulation.

Appellant Rebuttal:

The appellant refers to previous response to Finding #2. They further assert that Food Wagons are permissible per SMC 16.80.020.B.4.a.i. and that the number of trucks on private property is not defined. They contest that new code creation is required to outline said use. They emphasize that an extension of their original TAP and creation of new Municipal Code language will grant them the ability to have multiple food trucks at 2107 West Lane. The appellant has offered to make an adjustment to address access by vehicles and parking by said patrons to the food trucks.

City Response
Food truck parks are not permissible in any zoning district. Food trucks can, however, serve as an incidental/accessory use on private property per SMC 16.80.020.B.4.a.i; with a maximum of one (1) truck per parcel.

Community Development Director Code Interpretation No. 2020-01, effective October 29, 2020, provided clarification of the meaning of "incidental" as it relates to Motorized Food Wagons being located on private property as an accessory use to a primary land use, as described at SMC

16.80.020(8)(4)(a)(i).

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Attachment D 699
File #: 21-0515, Version: 1
When there is a development request to add Motorized Food Wagons on a private non-residential property in conjunction with an existing primary land use, Municipal Code Section 16.80.020(8)(4)(a) (i) shall be interpreted to allow one (1) single Motorized Food Wagon as an accessory use.

The basis for this determination is that a single Motorized Food Wagon can provide a food service convenience to accommodate employees at an existing business site and possibly neighboring businesses within walking distance. This would eliminate employees from having to drive out of the way to find food service uses elsewhere. Any more than one Food Wagon on a business site could potentially become a destination use that may draw customers from much further away and result in additional vehicle traffic at the business site, which may not have adequate accommodations for parking and safe on-site traffic circulation.

The appellant has stated that no current or future proposed changes to the site for the use of the Broadcasting Studio or the Food Truck Park have been made that would limit the range of possible land uses otherwise allowed by the Municipal Code.

City Response
Given that the appellant has submitted an appeal, they are able to continue operations subject to TAP P20-0824 conditions of approval until all appeal remedies are exhausted. Per SMC section

16.164.080, should the time extension appeal be denied, the appellant shall be required to remove all evidence of the temporary activity within seven (7) days of the date of determination.

Finding 8: The proposed permit would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. (SMC 16.164.050.H) The project site concerns an existing private structure, involving negligible or no expansion of an existing or former use. Given these facts, the proposed temporary activities are Categorically Exempt pursuant to CEQA Guidelines §15301 (Existing Facilities).

Appellant Rebuttal:

The appellant does not contest this finding.

Noncompliance
The appellant also disagreed with the City’s determination of noncompliance with TAP Conditions of Approval as discussed previously and listed below. Consistent with SMC 16.164.070, said conditions were found to be reasonable and necessary to ensure that the approval would be in compliance with required findings.

1. Not obtaining necessary business licensing for commercial rental activities (renting spaces to food trucks)
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Attachment D 700
File #: 21-0515, Version: 1
Appellant Rebuttal:

The appellant asserts that a Commercial Business License was submitted in October 2020 and it was denied. However, states it was not approved by staff because there is not a Use Type for Food Truck Parks. On June 2, 2021, a second application was submitted again with all the required fees for a Commercial Business and were told by the Planning staff, that the application could not be processed as a Food Truck Park. The applicant has been prevented from acquiring a Commercial Business License at this point by the City Planning Department.

City Response
Staff was unable to locate any records pertaining to a submittal for a Commercial Business License in October 2020. Regarding the submittal on June 2, 2021, there had been a processing misunderstanding and the appellant was contacted that same day and directed to submit said application. The application is currently on hold pending the results of the Time Extension request.

2. Exceeding the maximum number of food wagons
A Notice of Violation was issued on April 3, 2021 identifying the following violations:
i. Having six (6) motorized food wagons where the TAP limits a maximum of five (5) motorized food wagons on the property at a time
ii. Motorized food wagons were not in their designated parking areas as identified in the TAP Site Plan
iii. Vendors in addition to the five (5) food wagons were present on-site iv. Shade structures were being used in conjunction with motorized food wagons, in violation of SMC 5.72.100
Appellant Rebuttal:

Said notice was remediated and adhered to.

City Response
The City has confirmed that said violations have been corrected.

3. Utilization of tables and chairs
A Notice of Violation was issued on March 4, 2021 identifying the following violation:
i. Tables and chairs were being used in conjunction with the Motorized food wagons, in violation of 5.72.100.

Appellant Rebuttal:

Said notice was remediated and adhered to.

City Response
The City has confirmed that said violations have been corrected

4. Overnight Parking of Food Trucks
A report was received from San Joaquin County Environmental Health that a complaint had been filed regarding the following issues:
i. A food truck did not have its necessary environmental health permit City of Stockton Page 10 of 12 Printed on 7/15/2021
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Attachment D 701
File #: 21-0515, Version: 1
ii. a vendor was selling cannabis infused lemonade
iii. food trucks were parking overnight
The County addressed the environmental health permit issue and forwarded the report of cannabis infused lemonade to the Bureau of Cannabis Control. City Code Enforcement also issued a verbal warning based on TAP requirements.

Appellant Rebuttal:

The appellant holds that mobile food trucks are permitted to be stored overnight and that they meet California Health and Safety Code (HSC) section 114295(c) if they go to their respective commissary in the morning for cleaning, refilling etc.

City Response
HSC 114295(c) states that “Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions. 2107 West Lane is not an approved Commissary nor has the City (i.e. enforcement agency) approved said location for overnight food truck storage. It is important to note that the Stockton Municipal Code (SMC) is a permissive regulation, meaning if the Code is silent on a particular land use, then the use is not allowed. Therefore, because overnight food truck storage is not expressly permitted in the Code, it is prohibited.

Conclusion
The evidentiary record and subsequent analysis fail to support a time extension for TAP P20-0824.

As evidenced above, not all findings of fact as required by the Stockton Municipal Code (SMC) Section 16.164.050 for a Temporary Activity Permit can be made, and therefore, the time extension for said permit cannot be approved.

As a result of the information and analysis above, staff recommends the Planning Commission deny the appeal and uphold the Director’s Determination.

Public Comments
On July 12, 2021, at least ten (10) days prior to the Planning Commission hearing, public notice for this item was published in the Record and mailed notice was sent to all property owners within a 300- foot radius of the project site, in accordance with SMC Section 16.88.030. As of the date of this writing, staff has received one written comment from the public on this project outside of the public hearing process (Attachment D - Public Comment Received).

Environmental Clearance
This action is Categorically Exempt from CEQA pursuant to CEQA Guidelines §15301 (Existing Facilities) since it concerns an existing private structure, involving negligible or no expansion of an existing or former use.

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Attachment D 702
File #: 21-0515, Version: 1
Attachment A - Temporary Activity Permit P20-0824
Attachment B - TAP Extension Determination
Attachment C - Submitted Appeal
Attachment D - Public Comment Received
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Attachment D 703
Attachment E
704
Attachment E
705
Attachment E
706
1 Stephanie Ocasio
From: James Branyan <[email protected]>
Sent: Tuesday, July 13, 2021 5:16 AM
To: Stephanie Ocasio
Subject: further information and to express disapproval of the food truck place(stocklandia) CAUTION: This email originated from outside the City of Stockton.Do not click any links or open attachments if this is unsolicited email.

Hi Sterphanie, as a resident very close to the food truck spot on west lane, I would like further information about the appeal. I would like to also express my disapproval of said establishment. I have personally spoke with Veronica about the offsite parking, the excessive loud music, both before and after 10 pm, and the fact that her patrons leave the facility like its a drag race down our dead end street,less than an 1/8 mile long, and she basically told me that she had no control over her Patrons. I would like to send an email supporting the directors decision to disapprove the time extension. Further clarification would help in understanding if the food truck park is being shut down or not. Thank you for your time.

Sincerely,Jim Branyan
Attachment E
707
From: Stephanie Ocasio
To: Jobi Aceves
Subject: PC Correspondence
Date: Wednesday, July 21, 2021 12:56:32 PM
Attachments: image001.png
Hello,
Can you please forward this correspondence to the PC for Item 5.1? Thank You,
Stephanie Ocasio

ASSISTANT DIRECTOR OF COMMUNITY

DEVELOPMENT
Community Development Department
345 N. El Dorado Street, Stockton CA 95202
Office: 209.937.8561 Direct: 209.937.8544
For City of Stockton Updates on COVID-19 please visit:

Twitter @stocktonUpdates
Facebook @CityofStockton
City Website http://www.stocktonca.gov
From: James Branyan <[email protected]>
Sent: Thursday, July 15, 2021 9:35 PM
To: Stephanie Ocasio <[email protected]>
Subject: Re: further information and to express disapproval of the food truck place(stocklandia) CAUTION: This email originated from outside the City of Stockton. Do not click any links or open attachments if this is unsolicited email.

Thank You for all your information, it is very helpful. I would like to inform you that now, the owners of said business have total disregard for traffic safety on the small dead end street exiting the premises(146 feet from gate to corner, yes I measured it) and in themselves, have chose to speed through the 150 foot section. I would like to further my support in the directors decision to not extend the permit, and move forward in the termination of said food truck park, as it continues to bring bad element into this area.

Thank You for your time, good evening.

Attachment E
708

CITY OF STOCKTON

COMMUNITY DEVELOPMENT DEPARTMENT
345 North El Dorado Street • Stockton, CA 95202-1997 • (209) 937-8266 • Fax (209) 937-8893 July 29, 2021
Stocklandia
Attn: Veronica Martinez
2107 West Lane
Stockton, CA 95205
RE: Temporary Activity Permit #P21-0757 (2107 West Lane, APN 117-090-11) Ms. Martinez,
This letter provides the City of Stockton’s denial of Temporary Activity Permit (TAP) Application No. P21- 0757 for a proposed “night market” inclusive of multiple food trucks, Mobile Vendors with pop-up tents, tables and chairs, and Live Entertainment (a DJ), at 2107 West Lane (herein referred to as “Project”). The Project would be in the Industrial, Limited (IL) zoning district with a General Plan designation of Commercial.

This denial is based upon the following findings outlined below.

Temporary Activity Permit Findings

1. Finding: The proposed temporary activity is not consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan. (SMC §16.164.050(A))
Evidence: While the City is presently working on a food-truck ordinance, food trucks are currently only permitted as an incidental/accessory use on private property per SMC 16.80.020.B.4.a.i; with a maximum of one (1) truck per parcel. Community Development Director Code Interpretation No. 2020- 01, effective October 29, 2020, provided clarification of the meaning of "incidental" as it relates to Motorized Food Wagons being located on private property as an accessory use to a primary land use, as described at SMC 16.80.020(8)(4)(a)(i). When there is a development request to add Motorized Food Wagons on a private non-residential property in conjunction with an existing primary land use, Municipal Code Section 16.80.020(8)(4)(a)(i) shall be interpreted to allow one (1) single Motorized Food Wagon as an accessory use.

In support of small businesses, the City approved TAP P20-0824 which enabled the Applicant to have up to five (5) food trucks on the site, pending adherence to the Conditions of Approval, for a period of six-months, which is currently being evaluated for an extension by the Planning Commission. However, until specific food wagon (truck) park regulations are adopted via Ordinance, having multiple food trucks on a parcel is still not a permitted use in the IL zoning district or in any zone, and in turn is inconsistent with the Zoning Code, general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan.

The proposed addition of a “night market” would bring pop-up Mobile Vendors, tables and chairs, restrooms, and Live Entertainment to the site that further intensifies the site with land uses that are not consistent with the IL zoning district. Mobile Vendors, per SMC 16.80.020(B)(3) are only permitted as an outdoor accessory use in a commercial zoning district or public facilities zoning district. The site is in an industrial zoning district, not commercial or public facilities. Further, Live Entertainment uses are not permitted in the IL zoning district according to SMC 16.20.020 Table 2-2. Therefore, staff cannot make the findings that the proposed temporary activity is consistent with the general land uses, Attachment F 709
objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan.

2. Finding: The establishment, maintenance, or operation of the proposed temporary activity at the location proposed and within the time period(s) identified will endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed activity. (SMC §16.164.050(B)) Evidence: Stocklandia’s current operations with TAP P20-0824 includes the allowance of five (5) food wagons (trucks), one-way vehicle access that directs traffic to an existing residential street (Berkeley Avenue), and 17 off-street parking spaces. With the approval of TAP P20-0824, the site has intensified in use and resulted in nuisance concerns to persons residing in the neighborhood, as stated below. The addition of a “night market” could further intensity the use at the site creating additional concerns related to public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed activity due to:
• Possible increase of activity and expansion of existing TAP creating noise and disturbances to the surrounding neighborhood.
• Possible increase of activity could create traffic backing up on site limiting ingress and egress of the site.
• Potential Impacts to neighboring properties (increased traffic, decreased street parking, noise, etc.). • Possible unauthorized obstructions on the public street blocking public parking.

Live Entertainment
For TAP P21-0757, the applicant is proposing to have live outdoor entertainment (a DJ) at their “night market” events. Live Entertainment is defined as “any type of music, dancing or show involving one (1) or more persons playing musical instruments or recorded music, acting, singing, reading, speaking, dancing, modeling, wrestling, or performing in any way to entertain the customers of an establishment.

Includes: auctions, raffles, or contests; music played by a disc jockey; modeling of clothes, lingerie and swimsuits; dancing (by employees or customers); karaoke singing; dinner theater; oil and mud wrestling; poetry reading; and stand-up comedy.”
2107 West Lane is in the Industrial, Limited (IL) zoning district and is directly next to residential uses.

Live Entertainment is not a permitted use in IL according to SMC 16.20.020 Table 2-2. Additionally, Live Entertainment use, in this case conducted outdoors, is not a compatible use with the existing residential uses next to the Project site and have a high likelihood to result in noise impacts to those residents. For this reason, Live Entertainment use is not allowed use in Residential zoning districts as well. Per SMC

16.60.030, Public Nuisance Noises are “noises that are generally not associated with a particular land use but creates a nuisance situation by reason of its being disturbing, excessive or offensive. Examples include musical instruments, stereos, etc.” Outdoor Live Entertainment next to the residences are likely to create a Public Nuisance Noise and a violation of the Municipal Code. For the benefit of the residents in the vicinity, staff cannot make this finding in the affirmative.

Off-Site Parking
The Applicant is proposing to provide off-site parking at 1240 Klinger Road, which is a vacant and undeveloped parcel. SMC 16.64.080.B.4 states that, for nonresidential uses, permanent parking shall be located on the same parcel as the uses served, except that parking may be located on a parcel adjacent to, or within 500 feet of, the use served subject to a permanent covenant recorded with the County Recorder guaranteeing that the required parking would be maintained exclusively for the use or activity served.

The proposed use of 1240 Klinger Road is a change in use from undeveloped to that of a parking facility and would require a Site Plan Review approval to utilize the site as a parking lot for the Applicant’s use as well as a recorded agreement. Each project that proposes to change an existing use to a different use of a structure, as defined in this Development Code, shall require that Site Plan Review be completed and granted before the use of the structure is initiated. Parking lots are required to be designed per the City Standard (R-115) and required to be improved per SMC 16.61.030(D). No applications or approvals have been received or granted for said location for off-site parking. Staff is Attachment F 710
unable to make this finding in the affirmative.

Complaints, Warnings and Citations
Since the initiation of the operation of Stocklandia with TAP approval of P20-0824, there have been (5) verbal warnings or citations for: unpermitted food trucks and vendors; pop-up tents selling food; the provision of tables and chairs; cannabis sales; exceeding the maximum number of permitted food trucks; and multiple trucks parking on-site overnight.

Seven (7) additional complaints have been filed and related to unpermitted food trucks and vendors; no access to restrooms; alcohol sales; noise; rodents; lack of trash/refuse containment; and blocked driveways. However, because these complainants called in either during or after-the-fact, an investigation was unable to be completed for these complaints.

The nature of these violations, both the citations and complaints, is concerning because of their direct impacts to adjacent residents affecting their health, safety, and general welfare. Given the concerns presented above related to live entertainment, off-site parking, and complaints, warnings and citations on the existing TAP 20-0824, staff cannot support an additional TAP for a “night market” at this location.

3. Finding: The proposed site would not be adequate in terms of location, shape, and size to accommodate the temporary activity. (SMC §16.164.050(C))
Evidence: Based upon observations regarding Stocklandia’s business operations during the initial sixmonth TAP approval of P20-0824, and this new proposal for a “night market,” staff has determined that the site cannot accommodate the addition of a “night market.” The site’s one-way circulation is insufficient for the current business traffic demands. The addition of a “night market” could bring more intensity to the site if there are more vendors, tables, chairs, and live entertainment, above and beyond the five (5) food trucks permitted with TAP P20-0824. Further, it is the applicant and business owner’s responsibility to comply with all applicable provisions of the Americans with Disabilities Act, Title III for the public accommodations associated with this proposed use. Current site conditions do not provide all necessary accommodations.

4. Finding: The proposed site might be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary activity would reasonably generate. (SMC §16.164.050(D))
Evidence: The site is a through lot and accessed via West Lane on the east side of the parcel, and Berkeley Avenue on the west side of the parcel. The site as currently configured, may not be able to accommodate the kind and quantity of traffic expected on-site as it has one-way access from West Lane through to Berkeley Avenue, into an existing residential neighborhood. Berkeley Avenue is a residential street and not designed to accommodate high volumes of traffic potentially generated by an intensive use. West Lane is a high-volume and high-speed arterial within the City and could present challenges for inbound traffic taking refuge to slow down and enter the site driveway. This, coupled with limited nighttime visibility and no deceleration lane, raises further questions of life and safety. Until the City receives a Traffic Study from the Applicant, which due to the expedited turn-around of this letter (two working days) was not requested, staff cannot fully make Finding #4 in support or denial of the “night market.”

5. Finding: Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary activity would not be available either on-site or at an alternate location(s) which is acceptable to the Director. (SMC §16.164.050(E))
Evidence: Not including any of the uses for the “night market,” the site plan for TAP P20-0824 identifies seventeen (17) available parking stalls (stalls identified on any part of the City right-of-way cannot be considered off-street parking, nor can space no. 6 which extends into the required fire lane) and, per the information below, has a required parking amount of twenty-two (22) spaces; fifteen (15) spaces for the building and seven (7) spaces allocated for the food wagons (trucks). The site plan provided for TAP application P21-0757 also indicates a total of seventeen (17) available parking spaces (15 standard, 2 ADA).

Attachment F 711
In its analysis of TAP P20-0824, staff identified three (3) land uses on the site: Broadcast Studio, Business Office, and Take Out Restaurant; each have their own parking ratio. Per SMC chapter 16.64 (Off-Street Parking) the following parking ratios apply:

Land Use Parking Ratio Square Footage
of Use on Site
Required Number
of Spaces
Broadcasting Studios 1 space for every 200
SF of indoor floor area
132 1
Business/Professional
(offices)
1 space for every 200
SF of indoor floor area 548 3
Restaurants – Fast
Food/Take Out (food trucks)
1 space for every 100
SF of indoor floor area
680
(five trucks) 7
1,116
(shop area) 11
Total Required Parking Spaces 22*
*Of the 22 spaces, 1 must be ADA van accessible).

The parking ratio analyzed for TAP P20-0824 identifies a minimum of twenty-two (22) spaces, while the site plan identifies seventeen (17) spaces. There is insufficient parking to accommodate vehicular traffic generated by Stocklandia, above and beyond the request for an additional TAP for the “night market.” The “night market” will intensify the use of the site, with the proposal to add Mobile Vendors and a DJ which will need places to park, as well as adding tables and chairs which will prolong visitor’s duration at the site, further exacerbating the parking and circulation issues. These added uses have not been evaluated against the Municipal Code to analyze their parking impacts, however through sound practical judgement it can be inferred that given the current conditions and parking deficiencies, intensification of the site will necessitate more parking.

Lastly, as stated in the Off-Site Parking section under Finding #2, the development of 1240 Klinger Road is a change in use from undeveloped to that of a parking facility and would require a Site Plan Review approval to utilize the site as a parking lot for the Applicant’s use. Staff has not received an application for Site Plan Review for development of this parcel.

6. Finding: The design, location, size, and operating characteristics of the proposed temporary activity is not compatible with the existing and future land uses in the vicinity. (SMC §16.164.050(F)) Evidence: The project site is in a predominantly industrial portion of the City where all parcels have an underlying zoning classification of Industrial, Limited (IL) and a General Plan designation of Commercial.

The podcast and office uses are currently allowed on site; however, a “night market” with Mobile Vendors and Live Entertainment is not.

A single Motorized Food Wagon can provide a food service convenience to accommodate employees at an existing business site and possibly neighboring businesses within walking distance. This would eliminate employees from having to drive out of the way to find food service uses elsewhere. The proposal for Mobile Vendors with pop-up tents, tables and chairs, and live entertainment (a DJ), in combination with the five (5) food trucks permitted at this site with TAP P20-0824, will likely attract and is geared towards a larger customer base, producing additional parking demands and traffic concerns as well as potential complaints.

7. Finding: Approved measures for removal of the temporary activity and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code. (SMC §16.164.050(G))
Evidence: The Applicant has appealed the Director’s determination of the revocation of TAP P20-0824 to the Planning Commission. The Applicant can continue operations of Stocklandia subject to TAP P20- 0824 conditions of approval until a decision has been made or the Applicant ceases operation. Per SMC Attachment F 712
section 16.164.080, should the time extension appeal be denied, the Applicant shall remove all evidence of the temporary activity within seven (7) days of the date of determination. The addition of a “night market” was not an approved component of TAP P20-0824 and the proposal to add a “night market” with TAP P21-0757 is denied.

California Environmental Quality Act

8. The project site concerns an existing private structure, involving negligible or no expansion of an existing or former use. Given these facts, the proposed temporary activities are Categorically Exempt pursuant to CEQA Guidelines §15301 (Existing Facilities).

Conclusion
This decision may be appealed to the Planning Commission in accordance with Development Code §16.120.080(A) and Chapter §16.100 (Appeals). An appeal must be made in writing within 10 days and accompanied by the requisite fee. If no appeal is filed within that time, the decision shall be final.

If you have any questions, please do not hesitate to contact me at [email protected] or (209) 937-8900.

Regards,
William Crew, Director
Community Development Department
City of Stockton
Attachments
Exhibit A – Planning Application
Attachment F 713
Attachment F 714
Attachment F 715
Attachment F 716
Attachment F 717
Attachment F 718
ResolutionNo. 2021-08-26-0302

STOCKTON PLANNING COMMISSION

RESOLUTION GRANTING AN APPEAL AND OVERTURNING THE DIRECTOR'S

DETERMINATION TO DISAPPROVE A TIME EXTENSION REQUEST FOR TEMPORARY ACTIVITY PERMIT P20-0824 FOR A FOOD TRUCK PARK USE AT 2107 WEST LANE (APN 117-090-11)
Temporary Activity Permit P20-0824 was issued on October 20, 2020, to allow the temporary operation of a food truck park (i.e., 6-month trial) at 2107 West Lane, also known as Stocklandia. The Temporary Activity Permit (TAP) had an expiration date of April 30, 2021; and the project site is currently licensed as a Podcast Studio (business license approval received on September 9, 2020); and
Veronica Martinez, on behalf of Stocklandia, submitted an application for a Time Extension on April 19, 2021, said application was deemed complete on April 26, 2021; and
On May 25, 2021, based on observations regarding business operations during the initial 6-month TAP, existing Code standards, and submitted documentation, it was determined by the Director that the time extension request would not be granted; and An appeal of the determination was received on June 3, 2021, contesting the findings made for time extension denial; and
On July 22, 2021, the Planning Commission conducted a public hearing on the appeal, in compliance with SMC Section 16.100.040, at which point all persons wishing to be heard were provided such opportunity; and
On July 22, 2021, the Planning Commission approved motion 2021-07-22-0501, directing staff to bring back a resolution with appropriate findings to grant the appeal and overturn the Director's Determination; now, therefore,

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS:

A. The foregoing recitals are true and correct and incorporated by reference.

B. Based on the staff report, staff presentation, comments received, and the public hearing, the Planning Commission makes the following findings:

Temporary Activity Permit: Findings
Attachment G 719
Finding 1 : The proposed temporary activity would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan. (SMC 16.164.050.A) In this case, until specific food truck park language is adopted via Ordinance and the zone change is completed, the current food truck park use is considered an unlisted use of land and processed as a temporary activity (hence the TAP). The food truck aspect of the project is being analyzed akin to a take-out restaurant.

The subject parcel has an underlying zoning classification of Industrial, Limited (lb) and a General Plan designation of Commercial. A podcast studio (i.e., Broadcasting Studio) is allowed in the IL (Industrial, Limited) Zoning District, per Stockton Municipal Code (SMC) §16.164.010(8). Further, a zone change from ·IL to Commercial, General (CG) for General Plan conformance is currently pending which, once adopted, would allow both podcast studio and take out restaurant uses at the site.

As proposed, Stocklandia's Day-to-Day Operations including five (5) food wagons (trucks), one-way vehicle access that directs traffic to existing residential, and 17 off-site parking spaces, may endanger, jeopardize, or otherwise constitute a hazard due to the following:
• Insufficient parking
• Traffic being directed into a residential area
• Site configuration and Accessibility concerns
The project operates Monday through Saturday from 11 :00 am to 9:00 pm, and on Sundays from 11 :00 am to 7:00 pm. The site has an existing solid iron fence, with existing slide gates, at both the West Lane and Berkeley Avenue frontages that is being proposed to remain open during business hours. The podcast use and food wagons (trucks) are contained entirely within the site.

With additional parking, elimination of vehicle access to/from Berkeley Avenue, and accessibility improvements, Stocklandia's Day-to-Day Operations may support the City of Stockton's local food-truck scene while operating a podcast business and will not endanger, jeopardize, or otherwise constitute a hazard because it is subject to the life/safety conditions listed below in the Conditions of Approval.

Attachment G 720
Finding 3: The proposed site would be adequate in terms of location, shape, and size to accommodate the temporary activity. (SMC 16.164.050.C)
Based upon observations regarding business operations during the initial 6-month TAP, updated floor plan, and land uses on site, staff determined that the site could accommodate a maximum five (5) food wagons (trucks). Twenty-two (22) parking spaces are required per the SMC, although not identified on the submitted site plan, the site appears to be able to accommodate the required number of on-site parking spaces via reconfiguration and striping. With said reconfiguration, the site is appropriate for both the pod cast studio and the "food truck park" for the purposes of the Temporary Activity Permit.

Notwithstanding the above, TAP holder is not relieved of other legal obligations regarding ADA accessibility which are addressed further in the conditions of approval.

Finding 4: The proposed site would be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary activity would reasonably generate. (SMC 16.164.050.D) The site is a through lot and accessed via West Lane on the east side of the parcel, and Berkeley Avenue on the west side of the parcel. During the Day-to-Day Operation of Stocklandia, the site as currently configured, directs traffic into a residential neighborhood as it is proposing one-way access from West Lane through to Berkeley Avenue. Berkeley Avenue is a residential street and not designed to accommodate the traffic generated by the food truck park use. By directing traffic ingress and egress via West Lane only, per the life/safety conditions listed below in the Conditions of Approval, the site can accommodate the kind and quality of traffic expected on-site while also mitigating impacts to the surrounding residential uses.

Finding 5: Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary activity would be available either on-site or at an alternate location(s) which is acceptable to the Director. (SMC 16.164.050.E) For the Day-to-Day Operation of the Stocklandia podcast business and "food truck park," parking is available on-site. The submitted site plan identifies seventeen (17) available parking stalls (stalls identified on any part of the City right-of-way cannot be considered off-street parking, nor can space no. 6 which extends into the required fire lane) and, per the information below, has a required parking amount of twenty-two (22) spaces; fifteen (15) spaces for the building and seven (7) spaces allocated for the food wagons (trucks).

In its analysis, staff has identified three (3) land uses on the site: Broadcast Studio, Business Office, and Food Truck Park (for the purposes of parking, being analyzed akin to a Take Out Restaurant); each have their own parking ratio. Per SMC chapter 16.64 (Off-Street Parking) the following parking ratios apply:

Land Use Parking Ratio Square
Foota e of Use
Required
Number of
Attachment G 721
on Site Spaces
Broadcasting Studios 1 space for every 200 132 1 SF of indoor floor area Business/Professional 1 space for every 200 548 3 (offices) SF of indoor floor area 680 7 Food Truck Park 1 space for every 100 (Five trucks) (using Restaurants - SF of indoor floor area Fast Food/Take Out) 1,116 11 (Shop area) Total Required Parking Spaces 22*
*Of the 22 spaces, 1 must be ADA van accessible).

The shop area is being considered a part of Stocklandia's overall food truck park facility and therefore included in the parking calculation above.

While food wagons (trucks) vary in size, each truck is estimated to be approximately 16' long by 8.5' wide, or approximately 136 SF each. Per SMC chapter 16.64 (Off-Street Parking and Loading), fast food/take out shall be parked at 1 space for every 100 SF of gross floor area. Five (5) food wagons (trucks) have a combined estimated square footage of 680 SF and requires 6.8 parking stalls. Per SMC section 16.08.020 (Rules of Interpretation), staff is required to round the fractional/decimal results to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. Therefore, the required amount of parking for the food wagons (trucks) is seven (7) spaces. Although the parking ratio identifies a minimum of twenty-two (22) spaces, and the site plan identifies 17 spaces, it appears that the site can accommodate the necessary parking with reconfiguration and striping, which are required and listed as a Condition of Approval.

Further, at the time of appeal submittal, off-site parking at an alternate location was proposed by the applicant. A condition of approval has been added that should the site not be able to accommodate required parking, the applicant shall be responsible for developing said off-site parking in conformance with SMC chapter 16.64 (Off-Street Parking and Loading Standards) and City of Stockton Standard Specifications and Drawings.

Finding 6: The design, location, size, and operating characteristics of the proposed temporary activity would be compatible with the existing and future land uses in the vicinity (SMC 16.164.050.F).

The podcast and office uses are currently allowed on site; however, a food truck park is not as the code is silent on that land use. However, the TAP provides an opportunity to allow that land use on · a temporary basis. For the purposes of impact analysis and mitigation, the current Food Truck Park Use is being considered an unlisted use of land (to allow for temporary Code conformance) and analyzed similarly to a take-out restaurant Attachment G 722
for the purposes of TAP issuance.

The proposed Day-to-Day Operations of the "food truck park" have occurred on a developed site that was previously utilized for a used car dealership/auto parts/auto service. The project site is in a predominantly industrial portion of the City where all parcels have an underlying zoning classification of Industrial, Limited (IL) and a General Plan designation of Commercial. A zone change from IL to Commercial, General (CG) for General Plan conformance is currently pending which, once adopted, would allow both podcast studio and take out restaurant uses at the site.

Given the nature of the Food Truck Park land use, current General Plan land use designation, and pending commercial zoning, the design, location, size, and operating characteristics of the proposed temporary activity are compatible with the existing and future land uses in the vicinity subject to the conditions listed below in the Conditions of Approval.

16.164.050.H)
The project site concerns an existing private structure, involving negligible or no expansion of an existing or former use. Given these facts, the proposed temporary activities are Categorically Exempt pursuant to CEQA Guidelines §15301 (Existing Facilities).

CONDITIONS OF APPROVAL
Standard Conditions - Day-to-Day Operation

1. This approval is for the plans and/or operation parameters identified in Exhibit A.

2. Changes to this approval shall be considered in accordance with SMC Chapter 16.104 (Changes to an Approved Project).

3. Compliance with these conditions is mandatory. Failure to comply with these conditions is unlawful, may constitute a public nuisance, and is subject to the remedies and penalties identified in the Stockton Municipal Code, including but not limited to, monetary fines and revocation or modification of said approval(s).

4. Each site occupied by a temporary activity shall be completely free of all evidence of Attachment G 723
the activity within seven (7) days following the termination of the activity. Temporary activities that do not comply with this standard shall be subject to code enforcement action, in compliance with Chapter 16.224 (Enforcement).

5. In accordance with SMC §16.164.030(8)(11 ), this activity is similar in nature to other activities that are allowed with a Temporary Activity Permit, and this Temporary Activity Permit application has been reviewed by all applicable City departments prior to the commencement of the activity. This permit shall be effective for Day-to-Day Operations of the "food truck park" at Stocklandia until such a time that an Ordinance is adopted that lists, defines, and regulates the food truck park land use. This TAP shall expire thirty (30) days from the effective date of adopted Ordinance.

6. It is the responsibility of the applicant to confirm and ensure that all food wagons (trucks) are compliant with all regulations (City/County/State) prior to allowing their operation on the Stocklandia site. Should non-compliant food wagons (trucks) operate on-site, enforcement may result for both the operator and applicant.

Project-Specific Conditions - Day to Day Operation
Current Planning Section

7. The applicant shall review and understand the City Business License Regulations for motorized food wagons (trucks) under SMC chapter5.72 (Motorized Food Wagons) and ensure that all food wagons (trucks) that operate on the project site are in compliance with all City/County/State requirements. Within the boundaries of the project site (2107 West Lane), the project is exempt from SMC section 5. 72.100.B and may place tables, chairs, fences, shade structures, other site furniture, (permanent or otherwise) or any free standing signs.

8. Applicant shall verify that all food wagons (trucks) that operate on the project site, possess a City of Stockton Business License.

9. Applicant shall ensure that all food wagons (trucks) that operate on the project site adhere to the Business License Regulations and SMC §16.80.020(8)(4) (Accessory Uses and Structures).

10. The site shall be reconfigured and striped to accommodate twenty-two (22) off-street parking spaces (not inclusive of Berkeley Avenue), one of which shall be van accessible (see condition no. 31 ).
a. Parking lot configuration shall conform to the City's Standard Specifications and Drawings.

11. Should the project site not be able to provide minimum required parking, the applicant shall be responsible for developing off-site parking in conformance with SMC chapter

16.64 (Off-Street Parking and Loading Standards) and City of Stockton Standards. a. If the proposed off-site parking location is undeveloped, the development of a parking facility is considered a change in use and would require a Site Plan Review approval to utilize the site as a parking lot for the proposed use as well as a recorded agreement.

12. No changes to the project site shall be permitted that would limit the range of possible land uses otherwise allowed by the Development Code

13. Live Entertainment, as defined in SMC section 16.240.020, is prohibited.

Neighborhood Services
Attachment G 724

14.Applicant shall ensure that adequate lighting is provided on-site to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

15.Applicant shall provide required parking as discussed under Finding No. 5, consistent with SMC chapter 16.64.

16. Food wagons (trucks) shall be parked in their designated spaces according to Exhibit A, alternate placement locations are prohibited.

17. Applicant shall provide for safe vehicular circulation on the site and ensure potential traffic hazards at the site driveway access to and from West Lane are prevented. a. Primary access to the site shall be from West Lane, customer traffic shall not be directed towards Berkeley Avenue.
b. The gate at Berkeley Avenue shall be closed during business hours and not blocked by patrons or food trucks to ensure access for public safety personnel.

18. Applicant shall ensure that each food wagon (truck) has a City of Stockton Mobile Food Vendor Permit.

19.Applicant shall ensure that each food wagon (truck) has current San Joaquin County Environmental Health permits.

20. Food wagons (trucks) shall not be stored overnight on-site. Applicant shall confirm that food wagons (trucks) are stored at an approved off-site commissary. 2107 West Lane is not an approved commissary. For a list of approved commissaries, please contact the County Health Department.

21.Applicant shall maintain the site in a clean and orderly fashion. All refuse shall be properly disposed of, and applicant shall mitigate odors to the greatest extent feasible.

22.Applicant shall provide an affidavit in a form approved by the City from the property owner (if other than self) permitting the vendor to locate on the site for the time extension period.

23. "Pop-up" vendors (non-food vendors and food vendors without a food wagon (truck)), such as those utilizing tables and temporary shade structures to sell their wares, are prohibited from vending on-site.

24. The City of Stockton reserves the right to make unannounced on-site visits/inspections.

25.Applicant shall meet with Neighborhood Services Section (NSS) staff for routine compliance inspections, meeting frequency shall be determined by NSS.

Engineering Section

26.Sliding gates at driveways intended for customer and employee access (West Lane only) shall remain open at all times during posted business hours.

27.Applicant shall ensure that food wagons (trucks) operating at the site do not interfere with site driveway access and on-site circulation that may result in a traffic hazard.

28. Within 10 days from approval date, the operator shall contact the nearby school administrators at Langston Hughes Academy and Port City Academy and City Traffic Engineer to schedule a meeting to discuss potential safety concerns with students crossing West Lane at uncontrolled/unmarked crossing locations to access the food truck park. Since the operator can only be responsible for its customers that access the food truck site, the operator shall determine from school administrators and City Attachment G 725
Traffic Engineer, the process for reporting on incidents where students are observed crossing at uncontrolled/unmarked locations to access the food truck park site. A report summarizing the agreed upon process, including a formalized agreement between all parties, shall be submitted by the operator to the City for approval.

Building & Life Safety Division

29. If any permanent alterations are proposed to the building or the site (including those for accessibility compliance), a building permit(s) will be required.

30. Portable restroom facilities are subject to ADA standards, should proposed portable facilities not meet standards, indoor restrooms shall be open to the public. Please note that portable ADA compliant restrooms are being permitted on a temporary basis during the term of the TAP for the purposes stated herein.

31. Pertaining to the use of the "Rental Space" shown on the floor plan. As indicated by your correspondence, it is not currently being utilized. However, once a use is determined, the use of this area may be considered a change of occupancy from the current approved occupancy of Group S-1. A change of occupancy may trigger additional code upgrades to the existing building. The City shall be notified of any proposed change in use a minimum of 30 days in advance of the change being made.

Americans with Disabilities Act

32. For up to 25 vehicular parking spaces, one accessible parking space is required in accordance with CBC Table 11 B-208.2. The accessible parking space must be van accessible, the parking space and access aisle must be constructed in accordance with CBC 11 B-502.

33. The pedestrian gate shown along West Lane must comply with CBC 11 B-404 including compliant landings on each side of the gate, accessible compliant hardware, and operating force. If the total occupant load for the site exceeds 49, the gate must swing out towards West Lane which may require the gate to be recessed into the site as to not obstruct the public way. Refer to CBC 118-404 and CBC Section 1010.

34. The accessible route, shown hatched on the site plan, from West Lane to the building must be protected from vehicular traffic (including parking spaces) with either a curb, rail, continuous truncated domes, or other approved barrier. Refer to CBC 11 B, Division 4 and CBC 11 B-247.

35.An accessible route constructed in accordance with CBC 11 B, Division 4, is required from the public way (i.e., West Lane) to each area of public accommodation. This includes an accessible route to each food truck point-of-sale location, the accessible restroom(s) for the facility, the trash enclosure, seating areas, and all areas of the main building.

36. In addition to meeting slope requirements for accessible routes, pedestrians traveling along the required accessible routes must be protected from vehicular traffic.

Typically, this is accomplished with detectable warnings, refer to CBC 11B-247.

Fire Department

37. Fire Department access onto and off the site shall be maintained via the center drive aisle as recorded on Exhibit A. Entrance and exits shall be maintained from West Lane and Berkeley Avenue.

Attachment G 726

38. Manually operated security gates shall be equipped with a locking system that can be accessed by the Fire Department. Chain and padlocks that can be cut with bolt cutters are allowed. Otherwise, if a case-hardened padlock is used, a Fire Department approved KNOX box shall be installed on the gate. A key for the padlock will need to be placed in the KNOX box, if installed. If the gate is changed to a motorized (electric) type, then a Fire Department approved KNOX key switch is required. An electrical permit would also be required for the motorized gate if one is installed.

39. The applicant shall be responsible for monitoring any mobile food wagon (truck) vendor conducting cooking operations to ensure their vehicle has been properly inspected and certified by the Stockton Fire Department. Mobile food preparation vehicles equipped with appliances that produce smoke or grease-laden vapors are required to have an operational fire permit as mandated by the California Fire Code, Chapter 1, Section 105.6.30.
a. Applicant shall confirm that all food wagons (trucks) associated with Stocklandia have had a fire inspection to ensure and verify proper fire protection systems are installed for their cooking equipment. b. Applicant shall confirm that all food wagons (trucks) associated with Stocklandia have an Operational Fire Permit. Permit to be issued subject to completion of the fire inspection. Operational Fire Permits are required to be renewed annually.

Municipal Utilities Department

40.AII commissary operations for the food wagons (truck) are to occur offsite at an approved commissary. Any and all food processing or cleaning wastewater discharged to the public sewer shall be through a City Standard Grease interceptor at an approved commissary.

41. No vehicular washing or maintenance shall occur on site.

Public Works Department

42. To keep site exiting traffic safe during business operating hours, the applicant shall place Type 2 barricades in the West Lane parking lane area adjacent to the site, to create a temporary "No Parking Zone", starting at the site driveway access and extending 50' to the north. Public Works Traffic Engineering may be contacted at (209) 937-8237 for consultation.

43. Berkeley Avenue is considered a residential street. Food Trucks are required to utilize West Lane for egress and ingress to the site.

Administrative Services Department

44.Applicant is required to obtain a Commercial Rental Business License as the food wagons (trucks) would be renting a space from Stocklandia. The current approved business license for the podcast studio makes no mention of the food trucks and therefore would be unable to claim income under that license. Application has been submitted by the applicant.

Planning Commission Action
Attachment G 727
Based on its review of the entire record herein, including the July 22, 2021 , Planning Commission staff report and all supporting, referenced, and incorporated documents, all findings above, and all comments received at the public hearing, the Planning Commission grants the Appeal and overturns the Director's Determination to disapprove a time extension request for Temporary Activity Permit P20-0824 for a food truck park use at 2107 West Lane (APN 117-090-11) subject to the listed conditions of approval.

PASSED, APPROVED, and ADOPTED: __ __:_A=u=gu=s=t-=2-=--6,L...::2::...:;0-=2....;_1 _ ANNE
Cuw

MALLETT,
~ CHAIR
City of Stockton Planning Commission
ATTEST:

WIL~ SEC~ ETARY
City of Stockton Community Development
Attachment G 728

PROPOSED SITE PLAN
SCALE: 1" = 10'-0" S
C
A
L
E: 1" = 10'-0" APN # 117-09-11 A
P
N
# 117-0
9-11
12 3
4 5
TRASH

MAN GATE

FIRE ACCESS GATE
6 FOOT HIGH IRON FENCE
6 FOOT HIGH IRON FENCE

E A S T R O N A L D S T R E E T

W E S T L A N E

S T O C K L A N D I A
PROPERTY LINE - N 70° 30 ' E L=198.98'
PROPERTY LINE - N 70° 30 ' E L=218.2'
N 18° 27 ' W L=95.1'
R=50' L=129.76'

METAL CORRUGATED ROOF

SIDE WALK

DEAD END
(E) 30X60 METAL BUILDING

FIRE ACCESS GATE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE
APRIL 19, 2021

NO PARKING
1 23
4 5
16 9 10 11 12 13 14 15
6 8
123456
7 17

OPTIONAL TRUCK ORIENTATION

TRAFIC FLOW ONE-WAY

OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK LOCATION OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK LOCATION OPTIONAL TRUCK LOCATION
SHEET

RC DRAFTING & DESIGN
STOCKTON, CALIFORNIA 95219
209-851-5419
2 S I T E P L A N
THIS DRAWING AND THE INFORMATION CONTAINED HEREIN IS SUBMITED CONFIDENTIALLY AND IS THE PROPERTY OF RC DRAFTING & DESIGN.

REPRODUCTION OR DISCLOSURE OF THE CONTENT OF THIS DRAWING (OR ANY PORTION THEREOF) FOR ANY PURPOSE MUST BE APPROVED IN WRITING BY RC DRAFTING & DESIGN.

S T O C K L A N D I A
S T O C K T O N , C A .

Est. 2020
(E) BUILDING
SEE SHEET 3
2 1 0 7 W E S T L A N E.

LIGHT POLE TYP.

GAS MAIN
21'-0"

PORTA-POTTY
TABLE TYP.

Possible area
for additional
parking
Food Wagons (trucks) shall be placed as noted (numbered1 through 5), alternate parking orientations are prohibited inorder to allow for circulation, parking, and customer access.

Berkeley
Avenue
Must be accessible (ADA)
Rear Gate Closed andshall not be blocked.

Attachment G
729

CITY OF STOCKTON
: -.~s-l2 rt;:,, r~ r \Vi 1:...: , , 11 -- --" \10 If; IJ '0 [!;'., i<\i
,:1 l1! SEP - 7 2021
I
, C ! i'/ CLE RK -
'----,--C~l-_1 ·.,-_r -:: ,· ' OC ;-_ 7 - - I ' _ _____ )

APPEAL OF PLANNING COMMISSION DECISION TO THE CITY COUNCIL Today's Date: u9 Q C)--Z, ~ ., D t f Pl . C . . D . . CJ~ U Z, 2,, j a e o anning omm1ss1on ec1s1on: ___ _ Last day to file Appeal (ten days):

APPELLANT: ---------------------
\)0vo~l Ur- ~;r.,V ~
(Name) o-) Vl_ \_,J Q SA- Le-V"-f
(Address) :fSt{:;J3
(City, State, Zip)
(Telephone)
APPEAL: £po -d\ ~ v~ f?o-- vk-.
(Case Number and Project Name)
(Property Address)
FEE: $500.00 (effective 7/1/20) per appeal (project)
PAID BY: check/number ----- Cash --- __ Money Order
HAND DELIVERED: --- MAILED: __ _
STATE REASON FOR FILING THIS APPEAL: __ s:'_--(_ ~_ C-- _ ~ ___ r;_VV\ll __ ..-'1,__./ _ <c-- __ _ PrintYour Name
SCAN AND E-MAIL TO: Esther Gilliland, Lori Asuncion, Patty Vasquez, Courtney Christy, Florence Low, Will Crew, Michael McDowell, the project's CD planner, and Jobi Adams CC TO: CC_ [email protected]

STOCKTON CITY COUNCIL
425 North El Dorado Street
Stockton, CA 95202
Phone: (209) 937-8458
E:\WORK\APPEALS\APPEAL of PC to Council\CC Appeal Request for Appeal to the Council Form Template as of 2020--07--01 .docx Updated 2020--08-27
Attachment H 730

1. Food wagons (trucks) shall not be stored overnight on-site. Applicant shall confirm that food wagons (trucks) are stored at an approved off-site commissary. 2107 West Lane is not an approved commissary. For a list of approved commissaries, please contact the County Health Department.

Appeal Response:

Overnight parking is allowed per zoning requirements as stated in the Stockton Zoning Munical Code, IL (Industrial, Limited) Zoning District, per Stockton Municipal Code (SMC) §16.164.010(6). The site is not replacing the commissary all food trucks follow California State Law and Stockton Municipal Law for commissary requirements.

Per San Joaquim Environmental County Department, food trucks are allowed to park in zones permissible for overnight parking so long they are registered to a commissary and use it for its intended purposes. "The parking of the mobile food facilities to do business or when they are not in operation is local zoning issue. The mobile food facilities in question here have a commissary listed as required by state Jaw. Parking these vehicles at different locations, to do business or when they are not In operation, other than their commissaries, is allowed if the local ordinance allows it. All potentially hazardous foods must be taken out of the vehicle and maintain in approved refrigerators, such as at the commissary, unless an approved power source is used to plug in to maintain refrigeration on."

2. The City of Stockton reserves the right to make unannounced on-site visits/inspections.

Appeai· Response:

Random visits or inspections are not a normal practice for the city of Stockton to local business. This requirement should be only with a current practice and protocol such as inspections triggered via a direct valid complaint. This requirement violates The Privacy Act of 197 4 is a federal law that is set forth in Title 5, Section 552a, of the United States Code (5 U.S.C.552a) for small businesses.

3. The pedestrian gate shown along West Lane must comply with CBC 118-404 including compliant landings on each side of the gate, accessible compliant hardware,and operating force. If the total occupant load for the site exceeds 49, the gate must swing out towards West Lane which may require the gate to be recessed into the siteas to not obstruct the public way. Refer to CBC 118-404 and CBC Section 1010.

App'eal Response
This gate is not used all customers park onsite and the gate has and will continue to remain closed during business hours.

4. An accessible route constructed in accordance with CBC 11 B, Division 4, is required from the public way (i.e., West Lane) to each area of public accommodation. This includes an accessible route to each food truck point-of-sale location, the accessible restroom(s) for the facility, the trash enclosure, seating areas, and all areas of the main building.

Appeal Response:

Temporary .Barriers and/or cones can be placed however, permanent routes will . modify the site_WoiJld limit the range of possible futureland uses otherwise allowed by this Development Code. (SMC 16.164.050.G)
Attachment H 731
on Site Spaces
Broadcasting Studios 1 space for every 200 132 1 SF of indoor floor area Business/Professional 1 space for every 200 548 3 (offices) SF of indoor floor area 680 7 Food Truck Park 1 space for every 100 (Five trucks) (using Restaurants - SF of indoor floor area Fast Food/Take Out) 1,116 11 (Shop area) Total Required Parking Spaces 22*
*Of the 22 spaces, 1 must be ADA van accessible).

The shop area is being considered a part of Stocklandia's overall food truck park facility and therefore included in the parking calculation above.

While food wagons (trucks) vary in size, each truck is estimated to be approximately 16' long by 8.5' wide, or approximately 136 SF each. Per SMC chapter 16.64 (OffStreet Parking and Loading), fast food/take out shall be parked at 1 space for every 100 SF of gross floor area. Five (5) food wagons (trucks) have a combined estimated square footage of 680 SF and requires 6.8 parking stalls. Per SMC section 16.08.020 (Rules oflnterpretation), staff is required to round the fractional/decimal results to the next highestwhole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. Therefore, the required amount of parking for the food wagons (trucks) is seven (7) spaces. Although the parking ratio identifies a minimum of twenty-two (22) spaces, and the site plan identifies 17 spaces, it appears thatthe site can accommodate the necessary parking with reconfiguration and striping, whichare required and listed as a Condition of Approval.

Further, at the time of appeal submittal, off-site parking at an alternate location was proposed by the applicant. A condition of approval has been added that should the site not be able to accommodate required parking, the applicant shall be responsible for developing said off-site parking in conformance with SMC chapter 16.64 (OffStreet Parking and Loading Standards) and City of Stockton Standard Specifications and Drawings.

Appeal Respom;e:
. the City's parking requirement and analysis is not clearly defined. To note, the warehouse is being deemed an independent use. The Broadcast studio is a permitted · . ··- 11se in-the IL zone.-Thewarehouse/storage portion of the existing structure is being u_tilized to store-tables and chairs and banners, cleaning supplies and other items that the applicant utilizes for the Podcast events. The warehouse/storage portion Is not Attachment H 732
being utilized for any other uses. As such the warehouse should be considered an accessory use to the Podcast Studio and should not be counted as part of the parking requirements. An example would be the previous permitted uses of a Used Car Dealership with the Auto Parts sales Department as an accessory use. Since Auto Parts Sales is not an approved standalone use in the IL zone, the Auto Parts Store would need to store their parts, just as the Broadcast Studio would need to store equipment, they use in their studio operations.

Regarding the City's finding that staff has identified three land uses on the site:

Broadcast Studio, Business Office, and Take Out Restaurant. The applicant would contend that the Business Office may also be considered an accessory use to the Broadcast Studio, as Broadcast Studio would need a base of operations for phone calls, bookings, and standard office work for the Stocklandia podcast services and or operations. This would be consistent with such business as a Real Estate Office, and or bank. Regarding the Takeout Restaurant Use Type, the current parking ratio identified by the city parking ordinance is 1 space for every 100 SF of gross floor area (SMC Sec

16.08.020. The estimated square footage of Five (5) food wagons is 680 square feet which is equal in value to 6.8 parking spaces, rounded up to 7 spaces. The shop area is not identified. If the ratio for the parking of the trucks is 7 parking spaces, and there are no vehicular parking spaces being utilized for the customers on site, and the food purchased form the trucks is take out, the actual total parking ratio should be recalculated from 22 spaces down to a max of 7 parking spaces required. This will even allow for the Business/Office use type, even though it can be considered an accessory use to the Broadcast Operations. Additionally with the site configuration as proposed by the applicant the site can fit up to 7 food trucks and still meet all actual and valid parking requirements. Configuration of the site should be identified and proposed by the applicant and approved by the appropriate city department. The configuration proposed by city staff is not in favor of public safety when limiting the access to/from Berkely Ave. ~Q;Yl)Wk~e-,v~
600ld-i
Attachment H 733
APN # 117-09-11

S T O C K L A N D I A

DRAWING LIST VICINITY MAP
2107 WEST LANE SOCKTON, CALIFORNIA 95205
SHEET

RC DRAFTING & DESIGN
STOCKTON, CALIFORNIA 95219
209-851-5419
1 C O V E R S H E E T
THIS DRAWING AND THE INFORMATION CONTAINED HEREIN IS SUBMITED CONFIDENTIALLY AND IS THE PROPERTY OF RC DRAFTING & DESIGN.

REPRODUCTION OR DISCLOSURE OF THE CONTENT OF THIS DRAWING (OR ANY PORTION THEREOF) FOR ANY PURPOSE MUST BE APPROVED IN WRITING BY RC DRAFTING & DESIGN.

S T O C K L A N D I A
S T O C K T O N , C A .

Est. 2020
2 1 0 7 W E S T L A N E.

OWNERS INFORMATIONSHEET - 1 COVER SHEETSHEET - 2 PROPOSED SITE PLANSHEET - 3 (E) BUILDING FLOOR PLAN 2107 WEST LANE
NORTH
Attachment I
734

PROPOSED SITE PLAN
SCALE: 1" = 10'-0" S
C
A
L
E: 1" = 10'-0" APN # 117-09-11 A
P
N
# 117-0
9-11
12 3
4 5
TRASH

MAN GATE

FIRE ACCESS GATE
6 FOOT HIGH IRON FENCE
6 FOOT HIGH IRON FENCE

E A S T R O N A L D S T R E E T

W E S T L A N E

S T O C K L A N D I A
PROPERTY LINE - N 70° 30 ' E L=198.98'
PROPERTY LINE - N 70° 30 ' E L=218.2'
N 18° 27 ' W L=95.1'
R=50' L=129.76'

METAL CORRUGATED ROOF

SIDE WALK

DEAD END
(E) 30X60 METAL BUILDING

FIRE ACCESS GATE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE
APRIL 19, 2021

NO PARKING
1 23
4 5
16 9 10 11 12 13 14 15
6 8
123456
7 17

OPTIONAL TRUCK ORIENTATION

TRAFIC FLOW ONE-WAY

OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK LOCATION OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK LOCATION OPTIONAL TRUCK LOCATION
SHEET

REPRODUCTION OR DISCLOSURE OF THE CONTENT OF THIS DRAWING (OR ANY PORTION THEREOF) FOR ANY PURPOSE MUST BE APPROVED IN WRITING BY RC DRAFTING & DESIGN.

S T O C K L A N D I A
S T O C K T O N , C A .

Est. 2020
(E) BUILDING
SEE SHEET 3
2 1 0 7 W E S T L A N E.

LIGHT POLE TYP.

GAS MAIN
21'-0"

PORTA-POTTY
TABLE TYP.

Attachment I
735
ENTRY
3668 3668
3668
3668
12' X 12' ROLL UP DOOR 3668
12' X 12' ROLL UP DOOR 12' X 12' ROLL UP DOOR
3668
3668
58X58 FIXED
58X58 FIXED58X58 FIXED
FE
FLOUR.

FLOUR.

W.P.

GFI
W.P.

GFI

SS SS SS
S S
S
FLOUR.

FLOUR.

S S
58X58 FIXED
AFCI

AFCI AFCI
AFCI

AFCI AFCI
AFCI
AFCI
AFCI
AFCI
T&B
(N) SINK
AFCI AFCI H.B.

AFCI AFCI GFI
ELEC. PANEL
FLOUR.

FLOUR.

EXHAUST FAN

AFCI AFCI
AFCI
AFCI
C C
CC
96X60 SL
96X60 SL 3668 FIXED S
8'-0" OFFICE AREA CEILING TYP.

OFFICE OFFICE

BROADCAST STUDIO

ADA BATHROOM ADA BATHROOM
(N)W.H.

GRAY WATER
3660 SL
SHOP AREA CEILING = 15'-3" AT RIDGE LINE
AC
GAS
(E)W.H.

APRIL 7, 2021

RENTAL SPACE
SHEET

RC DRAFTING & DESIGN
STOCKTON, CALIFORNIA 95219
209-851-5419
3 F L O O R P L A N
THIS DRAWING AND THE INFORMATION CONTAINED HEREIN IS SUBMITED CONFIDENTIALLY AND IS THE PROPERTY OF RC DRAFTING & DESIGN.

REPRODUCTION OR DISCLOSURE OF THE CONTENT OF THIS DRAWING (OR ANY PORTION THEREOF) FOR ANY PURPOSE MUST BE APPROVED IN WRITING BY RC DRAFTING & DESIGN.

S T O C K L A N D I A
S T O C K T O N , C A .

Est. 2020
2 1 0 7 W E S T L A N E.
60'-0"
30'-0"
8'-6
12 " 312'-0" 11'-812"
29'-1012" 7'-4" 7'-4" 15'-512"
9'-0" 12'-0" 9'-0"
6'-212" 12'-0" 3'-0" 12'-0" 4'-0" 13'-0" 9'-912"
7'-11"
5'-0" (N)TILE
(E) WATER HEATER

LOCATED IN ATTIC SPACE

LOCATION OF ATTIC ACCES
Attachment I
736
Date Day of the Week Call Time (if available) Call Type (NSS or Dispatch) Report/Complaint Result 11/1/2020 Monday 1:09:00 AM NSS Complaint regarding a Food Truck lacking a Co. health permit (fwd. from County) NSS Verbal Warning issued 11/2/2020 11/16/2020 Monday NSS Complaint regarding exceeding max. # of trucks NSS Verbal Warning 11/20/2020 Friday NSS Complaint regarding exceeding max. # of trucks over weekend NSS could not verify as report submitted outside business hours 1/30/2021 Saturday 8:16:54 PM Dispatch Disturbance Business called to report a subject who lives in the area was there harassing employees, Unknown Disposition. 2/11/2021 Thursday 1:25:50 PM Dispatch Alarm Sounding Single zone business alarm, no PD response per policy. 2/15/2021 Monday NSS Complaint regarding unauthorized sales NSS could not verify as report submitted outside business hours 2/28/2021 Sunday 4:13:06 AM Dispatch Alarm Sounding Single zone business alarm, no PD response per policy. 2/28/2021 Sunday NSS Complaint regarding unauthorized sales and Exceeded max. # of trucks over weekend NSS could not verify as report submitted outside business hours 3/3/2021 Wednesday NSS Complaint regarding unauthorized sales over weekend - NSS could not verify NSS could not verify as alleged incident occurred outside business hours 3/4/2021 Thursday NSS Complaint regarding utilization of tables and chairs (violating CoA) NSS Citation Issued3/6/2021 Saturday 12:38:33 AM Dispatch Alarm Sounding Single zone business alarm, no PD response per policy. 3/6/2021 Saturday 1:25:37 AM Dispatch Alarm Sounding Multiple zone business alarm, PD responded, all appeared secure. Unable to check business as no business representative was available to respond. 3/29/2021 Monday NSS Complaint received regarding Noise, Rodents, trash and blocking driveways NSS could not verify as alleged incident occurred outside business hours 4/3/2021 Saturday 12:11:53 PM Dispatch & NSS Misc. - Reinspection - Exceeded max. # of trucks, parking configuration not followed, utilization of shade structures (violating CoA) - Citation issued NSS Citation Issued 4/14/2021 Wednesday NSS Reinspection NSS Reinspection - Violations Cleared4/16/2021 Friday 9:56:52 AM Dispatch Loud Music Food truck playing loud music. Officer responded at 10:33 AM and owner of truck agreed to turn down the music. 4/27/2021 Tuesday 8:26:52 AM Dispatch Misc. 9-1-1 call from a cell phone, hang up. No emergency reported and no answer on call back. No PD response. 5/6/2021 Thursday 8:10:37 AM Dispatch Auto Burglary
Unknown suspect broke into two food trucks that were parked at the location. Reporting party did not have the owner information for the food trucks, so they were instructed to have them call in later for a report if desired. Owners were not present when PD called for the report. 6/29/2021 Tuesday 9:41:13 PM Dispatch Disturbance
Business called to report a neighbor was creating a disturbance and arguing with them over their lights. Officers responded and mediated. No crime committed, verbal argument only. 7/8/2021 Thursday 9:36:00 AM NSS Report of live entertainment and special event being advertised for 7/30/21 CDD staff requested information from applicant 7/11/2021 Sunday 5:40:00 PM NSS Report of special event being advertised for 7/30/21 CDD staff requested information from applicant 7/28/2021 Wednesday NSS Report of overnight parking of Food Trucks, plugged into unpermitted electrical NSS Citations (4) Issued for overnight parking 7/31/2021 Saturday 3:01:07 PM Dispatch Disturbance Customer called 9-1-1 to report one of the vendors would not give him a dish to put water in for his dog. Customer left, no PD response. 7/31/2021 Saturday 11:10:25 PM Dispatch Loud Music Neighbor reported loud music. Neighbor asked them to turn down the music but they refused. PD responded at 1:02 AM, reported all quiet. 8/3/2021 Tuesday NSS NSS Follow Up NSS Citation Issued for non-permitted electrical work (see 7/28) 8/5/2021 Thursday 11:35:37 PM Dispatch Loud Music PD responded at 11:50 PM. Music was still going. They agreed to turn it off and were closing up as PD left the location. 8/6/2021 Friday NSS Report of vehicles speeding down Berkely Ave, blocking driveways, hitting trash cans and leaving trash Report Forwarded to PD Traffic Section8/6/2021 Friday NSS Second report (from different party) of vehicles speeding down Berkely Ave, blocking driveways, hitting trash cans and leaving trash Report Forwarded to PD Traffic Section 8/6/2021 Friday NSS Third report (from another party) of vehicles speeding down Berkely Ave, blocking driveways, and someone from subject location is dumping what appears to be cooking oil/grease down city drain. Report Forwarded to PD Traffic Section and Municipal Utilities Department (MUD). Evidence of illicit discharge noted on drain, forwarded to MUD Collection Team for clean-up. 8/10/2021 Tuesday 10:28:19 PM Dispatch Loud Music PD responded at 10:47 PM. Music still going. Business agreed to turn it down.8/11/2021 Wednesday 10:18:43 PM Dispatch Loud Music PD responded at 10:28 PM, music going, but not too loud per unit that responded. PD cleared. 8/11/2021 Wednesday 10:38:37 PM Dispatch Loud Music PD responded again at request of original complainant. PD responded at 12:48 AM, business all quiet, no answer on call to complainant. 8/12/2021 Thursday NSS Report of loud noise and activities at subject location all night - NSS could not verify NSS could not verify as alleged incident occurred outside business hours 8/31/2021 Tuesday 10:12:22 PM Dispatch Loud Music Multiple callers reporting loud music. PD responded at 10:42 PM. Music was still playing, but not too loud per the responding Officer. 8/31/2021 Tuesday NSS First fine issued for noncompliance regarding non-permitted electrical work, 30-day extension given $200 fine issued to Property Owner 9/1/2021 Wednesday 10:27:41 PM Dispatch Disturbance Large argument between multiple people at the location over a cell phone. PD responded at 10:32 PM. Mediated the conflict and all parties left. 9/11/2021 Saturday 10:12:12 PM Dispatch Loud Music PD responded at 11:15 PM. No loud music heard. 9/21/2021 Tuesday 10:45:55 PM Dispatch Loud Music PD responded at 10:55 PM. Music was going at that time, but not loud per responding officers.

REPORTS AND CALLS FOR SERVICE - 2107 WEST LANE

Page 1 of 2 ends

Attachment J
737
Date Day of the Week Call Time (if available) Call Type (NSS or Dispatch) Report/Complaint Result 9/25/2021 Saturday 10:26:22 PM Dispatch Loud Music
PD responded at 10:30 PM. Music was going but not loud per responding officers. Complainant called back at 10:51 PM to complain again about music. A different caller called at 11:03 PM. Officers responded at 11:08 PM and advised owner to turn music off. 9/25/2021 Saturday 11:12:17 PM Dispatch Loud Music Related to above. Officers returned at 11:37 PM. Music was still going, but it stopped while officers were there and everyone left. 9/29/2021 Wednesday 10:22:43 PM Dispatch Loud Music Multiple callers reporting loud music. PD responded at 11:47 PM and there was no music found.10/5/2021 Tuesday 5:36:38 PM Dispatch Disturbance Owner of food truck called to report a dissatisfied customer causing a disturbance. Subject left while on the phone with the owner. PD did not respond. 10/5/2021 Tuesday 10:41:02 PM Dispatch Loud Music PD responded at 11:02 PM. No music heard. 10/6/2021 Wednesday 10:21:29 PM Dispatch Loud Music PD responded at 12:23 AM. No music heard.10/19/2021 Tuesday 11:56:45 PM Dispatch Loud Music PD responded at 12:07 AM. Business was closed and no one was around.10/29/2021 Friday NSS Second fine issued for noncompliance regarding non-permitted electrical work. Reinspection scheduled for 12/19/21. $500 fine issued to Property Owner12/7/2021 Tuesday 11:36:51 PM Dispatch Loud Music PD responded at 12:19 AM. No music occurring.

Page 2 of 2 ends

Attachment J
738
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S CONDITIONAL APPROVAL OF A TIME EXTENSION REQUEST FOR TEMPORARY ACTIVITY PERMIT P20-0824 FOR A FOOD TRUCK PARK USE AT 2107 WEST LANE
Temporary Activity Permit P20-0824 was issued on October 20, 2020, to allow the temporary operation of a food truck park (i.e., 6-month trial) at 2107 West Lane, also known as Stocklandia. The Temporary Activity Permit (TAP) had an expiration date of April 30, 2021; and the project site is currently licensed as a Podcast Studio (business license approval received on September 9, 2020); and
Veronica Martinez, on behalf of Stocklandia, submitted an application for a Time Extension on April 19, 2021, said application was deemed complete on April 26, 2021; and
On May 25, 2021, based on observations regarding business operations during the initial 6-month TAP, existing Code standards, and submitted documentation, it was determined by the Director that the time extension request would not be granted; and An appeal of the determination was received on June 3, 2021, contesting the findings made for time extension denial; and
On July 22, 2021, the Planning Commission conducted a duly noticed public hearing on the appeal, in compliance with SMC Section 16.100.040, at which point all persons wishing to be heard were provided such opportunity; and On July 22, 2021, the Planning Commission approved motion 2021-07-22-0501, directing staff to bring back a resolution with appropriate findings to grant the appeal and overturn the Director’s Determination; and
On August 26, 2021, the Planning Commission approved Resolution 2021-08-26- 0302 granting the appeal of the Director's Determination (with Conditions of Approval); and
On September 7, 2021, the applicant filed an appeal of the Planning Commissioner’s approval; and
On January 11, 2022, the City Council convened a public hearing regarding the appeal of the Planning Commission’s decision. In such meeting, the City Council considered the request to appeal the Planning Commission’s decision and denied the 739
appeal to reverse the Planning Commission’s decision based on the findings indicated in said resolution; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

A. The foregoing recitals are true and correct and incorporated by reference.

B. Based on the staff report, staff presentation, and the public hearing, the City Council makes the following findings based on substantial evidence in the record:

Temporary Activity Permit: Findings
Finding 1: The proposed temporary activity would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan. (SMC 16.164.050.A) In this case, until specific food truck park language is adopted via Ordinance and the zone change is completed, the current food truck park use is considered an unlisted use of land and processed as a temporary activity (hence the TAP). The food truck aspect of the project is being analyzed akin to a take-out restaurant.

The subject parcel has an underlying zoning classification of Industrial, Limited (IL) and a General Plan designation of Commercial. A podcast studio (i.e., Broadcasting Studio) is allowed in the IL (Industrial, Limited) Zoning District, per Stockton Municipal Code (SMC) section16.164.010(B). Further, a zone change from IL to Commercial, General (CG) for General Plan conformance is currently pending which, once adopted, would allow both podcast studio and take out restaurant uses at the site.

Finding 2: The establishment, maintenance, or operation of the proposed temporary activity at the location proposed and within the time period(s) identified would 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 neighborhood of the proposed activity. (SMC 16.164.050.B)
As proposed, Stocklandia’s Day-to-Day Operations including five (5) food wagons (trucks), one-way vehicle access that directs traffic to existing residential, and 17 off-site parking spaces, may endanger, jeopardize, or otherwise constitute a hazard due to the following:
 Insufficient parking
 Traffic being directed into a residential area
 Site configuration and Accessibility concerns
The project operates Monday through Saturday from 11:00 am to 9:00 pm, and on Sundays from 11:00 am to 7:00 pm. The site has an existing solid iron fence, with existing 740
slide gates, at both the West Lane and Berkeley Avenue frontages that is being proposed to remain open during business hours. The podcast use and food wagons (trucks) are contained entirely within the site.

With additional parking, elimination of vehicle access to/from Berkeley Avenue, and accessibility improvements, Stocklandia’s Day-to-Day Operations may support the City of Stockton’s local food-truck scene while operating a podcast business and will not endanger, jeopardize, or otherwise constitute a hazard because it is subject to the life/safety conditions listed below in the Conditions of Approval.

Finding 3: The proposed site would be adequate in terms of location, shape, and size to accommodate the temporary activity. (SMC 16.164.050.C)
Based upon observations regarding business operations during the initial 6-month TAP, updated floor plan, and land uses on site, staff determined that the site could accommodate a maximum five (5) food wagons (trucks). Twenty-two (22) parking spaces are required per the SMC, although not identified on the submitted site plan, the site appears to be able to accommodate the required number of on-site parking spaces via reconfiguration and striping. With said reconfiguration, the site is appropriate for both the podcast studio and the “food truck park” for the purposes of the Temporary Activity Permit.

Notwithstanding the above, TAP holder is not relieved of other legal obligations regarding ADA accessibility which are addressed further in the conditions of approval.

Finding 5: Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary activity would be available either on-site or at an alternate location(s) which is acceptable to the Director. (SMC 16.164.050.E) For the Day-to-Day Operation of the Stocklandia podcast business and “food truck park,” parking is available on-site. The submitted site plan identifies seventeen (17) available parking stalls (stalls identified on any part of the City right-of-way cannot be considered off-street parking, nor can space no. 6 which extends into the required fire lane) and, per 741
the information below, has a required parking amount of twenty-two (22) spaces; fifteen (15) spaces for the building and seven (7) spaces allocated for the food wagons (trucks).

In its analysis, staff has identified three (3) land uses on the site: Broadcast Studio, Business Office, and Food Truck Park (for the purposes of parking, being analyzed akin to a Takeout Restaurant); each have their own parking ratio. Per SMC chapter 16.64 (OffStreet Parking) the following parking ratios apply:

Land Use Parking Ratio Square Footage
of Use on Site
Required Number
of Spaces
Broadcasting Studios 1 space for every 200 SF
of indoor floor area 132 1
Business/Professional
(offices)
1 space for every 200 SF
of indoor floor area 548 3
Food Truck Park
(using Restaurants –
Fast Food/Take Out)
1 space for every 100 SF
of indoor floor area
680
(Five trucks)
7 1,116
(Shop area)
11 Total Required Parking Spaces 22*
*Of the 22 spaces, 1 must be ADA van accessible).

The shop area is being considered a part of Stocklandia’s overall food truck park facility and therefore included in the parking calculation above.

While food wagons (trucks) vary in size, each truck is estimated to be approximately 16’ long by 8.5’ wide, or approximately 136 SF each. Per SMC chapter 16.64 (Off-Street Parking and Loading), fast food/take out shall be parked at 1 space for every 100 SF of gross floor area. Five (5) food wagons (trucks) have a combined estimated square footage of 680 SF and requires 6.8 parking stalls. Per SMC section 16.08.020 (Rules of Interpretation), staff is required to round the fractional/decimal results to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. Therefore, the required amount of parking for the food wagons (trucks) is seven (7) spaces. Although the parking ratio identifies a minimum of twenty-two (22) spaces, and the site plan identifies 17 spaces, it appears that the site can accommodate the necessary parking with reconfiguration and striping, which are required and listed as a Condition of Approval.

Further, at the time of appeal submittal, off-site parking at an alternate location was proposed by the applicant. A condition of approval has been added that should the site not be able to accommodate required parking, the applicant shall be responsible for developing said off-site parking in conformance with SMC chapter 16.64 (Off-Street 742
Parking and Loading Standards) and City of Stockton Standard Specifications and Drawings.

Finding 6: The design, location, size, and operating characteristics of the proposed temporary activity would be compatible with the existing and future land uses in the vicinity (SMC 16.164.050.F)
The podcast and office uses are currently allowed on site; however, a food truck park is not as the code is silent on that land use. However, the TAP provides an opportunity to allow that land use on a temporary basis. For the purposes of impact analysis and mitigation, the current Food Truck Park Use is being considered an unlisted use of land (to allow for temporary Code conformance) and analyzed similarly to a take-out restaurant for the purposes of TAP issuance.

The proposed Day-to-Day Operations of the “food truck park” have occurred on a developed site that was previously utilized for a used car dealership/auto parts/auto service. The project site is in a predominantly industrial portion of the City where all parcels have an underlying zoning classification of Industrial, Limited (IL) and a General Plan designation of Commercial. A zone change from IL to Commercial, General (CG) for General Plan conformance is currently pending which, once adopted, would allow both podcast studio and take out restaurant uses at the site.

Finding 7: Approved measures for removal of the temporary activity and site restoration were required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code. (SMC 16.164.050.G) Per the applicant’s submittal, no past or planned changes to the site for the use of the Broadcasting Studio or the Food Truck Park have or will be made that would limit the range of possible land uses otherwise allowed by the Municipal Code. A condition of approval has been added that prohibits changes to the project site that would limit the range of possible land uses otherwise allowed by the Development Code Finding 8: The proposed permit would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. (SMC 16.164.050.H)
The project site concerns an existing private structure, involving negligible or no expansion of an existing or former use. Given these facts, the proposed temporary activities are Categorically Exempt pursuant to CEQA Guidelines section 15301 (Existing Facilities).
743
C. Based on its review of the entire record herein, including the staff report and all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the City Council denies the requested appeal and upholds the Planning Commission’s conditional approval of the Time Extension Request, subject to the following conditions:

CONDITIONS OF APPROVAL
Standard Conditions – Day-to-Day Operation

1. This approval is for the plans and/or operation parameters identified in Exhibit 1.

2. Changes to this approval shall be considered in accordance with SMC Chapter 16.104 (Changes to an Approved Project).

4. Each site occupied by a temporary activity shall be completely free of all evidence of the activity within seven (7) days following the termination of the activity. Temporary activities that do not comply with this standard shall be subject to code enforcement action, in compliance with Chapter 16.224 (Enforcement).

5. In accordance with SMC section 16.164.030(B)(11), this activity is similar in nature to other activities that are allowed with a Temporary Activity Permit, and this Temporary Activity Permit application has been reviewed by all applicable City departments prior to the commencement of the activity. This permit shall be effective for Day-to-Day Operations of the “food truck park” at Stocklandia until such a time that an Ordinance is adopted that lists, defines, and regulates the food truck park land use. This TAP shall expire thirty (30) days from the effective date of adopted Ordinance.

Project-Specific Conditions – Day to Day Operation
Current Planning Section

7. The applicant shall review and understand the City Business License Regulations for motorized food wagons (trucks) under SMC chapter 5.72 (Motorized Food Wagons) and ensure that all food wagons (trucks) that operate on the project site are in compliance with all City/County/State requirements. Within the boundaries of the project site (2107 West Lane), the project is exempt from SMC section 5.72.100.B and may place tables, chairs, fences, shade structures, other site furniture, (permanent or otherwise) or any free-standing signs.

8. Applicant shall verify that all food wagons (trucks) that operate on the project site, possess a City of Stockton Business License.

9. Applicant shall ensure that all food wagons (trucks) that operate on the project site adhere to the Business License Regulations and SMC section 16.80.020(B)(4) (Accessory Uses and Structures).
744

10. The site shall be reconfigured and striped to accommodate twenty-two (22) off-street parking spaces (not inclusive of Berkeley Avenue), one of which shall be van accessible (see condition no. 31).
a. Parking lot configuration shall conform to the City’s Standard Specifications and Drawings.

11. Should the project site not be able to provide minimum required parking, the applicant shall be responsible for developing off-site parking in conformance with SMC chapter

12. No changes to the project site shall be permitted that would limit the range of possible land uses otherwise allowed by the Development Code

13. Live Entertainment, as defined in SMC section 16.240.020, is prohibited.

Neighborhood Services

14. Applicant shall ensure that adequate lighting is provided on-site to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

15. Applicant shall provide required parking as discussed under Finding No. 5, consistent with SMC chapter 16.64.

16. Food wagons (trucks) shall be parked in their designated spaces according to Exhibit 1, alternate placement locations are prohibited.

18. Applicant shall ensure that each food wagon (truck) has a City of Stockton Mobile Food Vendor Permit.

19. Applicant shall ensure that each food wagon (truck) has current San Joaquin County Environmental Health permits.

21. Applicant shall maintain the site in a clean and orderly fashion. All refuse shall be properly disposed of, and applicant shall mitigate odors to the greatest extent feasible.

22. Applicant shall provide an affidavit in a form approved by the City from the property owner (if other than self) permitting the vendor to locate on the site for the time extension period.

23. “Pop-up” vendors (non-food vendors and food vendors without a food wagon (truck)), such as those utilizing tables and temporary shade structures to sell their wares, are 745
prohibited from vending on-site.

24. The City of Stockton reserves the right to make unannounced on-site visits/inspections.

25. Applicant shall meet with Neighborhood Services Section (NSS) staff for routine compliance inspections, meeting frequency shall be determined by NSS.

Engineering Section

26. Sliding gates at driveways intended for customer and employee access (West Lane only) shall remain open at all times during posted business hours.

27. Applicant shall ensure that food wagons (trucks) operating at the site do not interfere with site driveway access and on-site circulation that may result in a traffic hazard.

28. Within 10 days from approval date, the operator shall contact the nearby school administrators at Langston Hughes Academy and Port City Academy and City Traffic Engineer to schedule a meeting to discuss potential safety concerns with students crossing West Lane at uncontrolled/unmarked crossing locations to access the food truck park. Since the operator can only be responsible for its customers that access the food truck site, the operator shall determine from school administrators and City Traffic Engineer, the process for reporting on incidents where students are observed crossing at uncontrolled/unmarked locations to access the food truck park site. A report summarizing the agreed upon process, including a formalized agreement between all parties, shall be submitted by the operator to the City for approval.

Building & Life Safety Division

29. If any permanent alterations are proposed to the building or the site (including those for accessibility compliance), a building permit(s) will be required.

31. Pertaining to the use of the “Rental Space” shown on the floor plan. As indicated by your correspondence, it is not currently being utilized. However, once a use is determined, the use of this area may be considered a change of occupancy from the current approved occupancy of Group S-1. A change of occupancy may trigger additional code upgrades to the existing building. The City shall be notified of any proposed change in use a minimum of 30 days in advance of the change being made.

Americans with Disabilities Act

32. For up to 25 vehicular parking spaces, one accessible parking space is required in accordance with CBC Table 11B-208.2. The accessible parking space must be van accessible, the parking space and access aisle must be constructed in accordance with CBC 11B-502.

33. The pedestrian gate shown along West Lane must comply with CBC 11B-404 including compliant landings on each side of the gate, accessible compliant hardware, and operating force. If the total occupant load for the site exceeds 49, the gate must swing out towards West Lane which may require the gate to be recessed into the site as to not obstruct the public way. Refer to CBC 11B-404 and CBC Section 1010. 746

35. An accessible route constructed in accordance with CBC 11B, Division 4, is required from the public way (i.e., West Lane) to each area of public accommodation. This includes an accessible route to each food truck point-of-sale location, the accessible restroom(s) for the facility, the trash enclosure, seating areas, and all areas of the main building.

36. In addition to meeting slope requirements for accessible routes, pedestrians traveling along the required accessible routes must be protected from vehicular traffic.

Typically, this is accomplished with detectable warnings, refer to CBC 11B-247.

Fire Department

37. Fire Department access onto and off the site shall be maintained via the center drive aisle as recorded on Exhibit 1. Entrance and exits shall be maintained from West Lane and Berkeley Avenue.

Municipal Utilities Department

40. All commissary operations for the food wagons (truck) are to occur offsite at an approved commissary. Any and all food processing or cleaning wastewater discharged to the public sewer shall be through a City Standard Grease interceptor at an approved commissary.

41. No vehicular washing or maintenance shall occur on site. 747
Public Works Department

42. To keep site exiting traffic safe during business operating hours, the applicant shall place Type 2 barricades in the West Lane parking lane area adjacent to the site, to create a temporary “No Parking Zone”, starting at the site driveway access and extending 50’ to the north. Public Works Traffic Engineering may be contacted at (209) 937-8237 for consultation.

43. Berkeley Avenue is considered a residential street. Food Trucks are required to utilize West Lane for egress and ingress to the site.

Administrative Services Department

44. Applicant is required to obtain a Commercial Rental Business License as the food wagons (trucks) would be renting a space from Stocklandia. The current approved business license for the podcast studio makes no mention of the food trucks and therefore would be unable to claim income under that license. Application has been submitted by the applicant.

PASSED, APPROVED, and ADOPTED: January 11, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
748

PROPOSED SITE PLAN
SCALE: 1" = 10'-0" S
C
A
L
E: 1" = 10'-0" APN # 117-09-11 A
P
N
# 117-0
9-11
12 3
4 5
TRASH

MAN GATE

FIRE ACCESS GATE
6 FOOT HIGH IRON FENCE
6 FOOT HIGH IRON FENCE

E A S T R O N A L D S T R E E T

W E S T L A N E

S T O C K L A N D I A
PROPERTY LINE - N 70° 30 ' E L=198.98'
PROPERTY LINE - N 70° 30 ' E L=218.2'
N 18° 27 ' W L=95.1'
R=50' L=129.76'

METAL CORRUGATED ROOF

SIDE WALK

DEAD END
(E) 30X60 METAL BUILDING

FIRE ACCESS GATE

DO NOT BLOCK

FIRE LANE

DO NOT BLOCK

FIRE LANE
APRIL 19, 2021

NO PARKING
1 23
4 5
16 9 10 11 12 13 14 15
6 8
123456
7 17

OPTIONAL TRUCK ORIENTATION

TRAFIC FLOW ONE-WAY

OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK LOCATION OPTIONAL TRUCK ORIENTATION

OPTIONAL TRUCK LOCATION OPTIONAL TRUCK LOCATION
SHEET

REPRODUCTION OR DISCLOSURE OF THE CONTENT OF THIS DRAWING (OR ANY PORTION THEREOF) FOR ANY PURPOSE MUST BE APPROVED IN WRITING BY RC DRAFTING & DESIGN.

S T O C K L A N D I A
S T O C K T O N , C A .

Est. 2020
(E) BUILDING
SEE SHEET 3
2 1 0 7 W E S T L A N E.

LIGHT POLE TYP.

GAS MAIN
21'-0"

PORTA-POTTY
TABLE TYP.

Berkeley
Avenue
Must be accessible (ADA)
Rear Gate Closed andshall not be blocked.

EXHIBIT 1
749
City of Stockton
Legislation Text
File #: 22-0017, Version: 1

COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES

RECOMMENDATION
Information item only. No action required.

City of Stockton Page 1 of 1 Printed on 1/4/2022
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City Council and Concurrent AuthoritiesJanuary 11, 2022

City Council and Concurrent Authorities
January 11, 2022