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
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.
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 16.164.050.8).
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
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
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
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.
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 §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
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
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
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
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
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 _ Cuw ~
ANNE MALLE TT, CHAIR
City of Stockton Planning Commission
ATTEST:
WIL~ SEC~ ETARY
City of Stockton Community Development
Attachment G
PROPOSED SITE PLAN
SCALE: 1" = 10'-0" APN # 117-09-11
SSCCCAAALLLLEEEE:::: 111" === 10''-00"
AAAPPPPNNNNN #### 11111177-00999---1111
3 4 512
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 1 01 11 21 31 41 5
6 8
1 2
3 4
5 6
7 17
OPTIONAL TRUCK ORIENTATION
TRAFIC FLOW ONE-WAY
OPTIONAL TRUCK ORIENTATIONOPTIONAL TRUCK ORIENTATIONOPTIONAL TRUCK ORIENTATIONOPTIONAL 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.
AC
GAS MAIN
21'-0"
PORTA-POTTY
TABLE TYP.
Possible area
for additional
parking
Food Wagons (trucks) shall be placed as noted (numbered 1 through 5), alternate parking orientations are prohibited in order to allow for circulation, parking, and customer access.
Berkeley
Avenue
Must be accessible (ADA)
Rear Gate Closed and
shall not be blocked.
Attachment G