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, Mo bile 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 activit y 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 Appr oval, 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 ” w ould 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 permit ted 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
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
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. H owever, 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 six - month 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 f or TAP application P21-0757 also indicates a total of seventeen (17) available parking spaces (15 standard, 2 ADA).
Attachment F
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 M obile 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: Ap proved 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
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
Att
achments
Exhibit A – Planning Application
Attachment F
Attachment F
Attachment F
Attachment F
Attachment F
Attachment F