CITY OF STOCKTON
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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 ~
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(Name) o-) Vl_ \_,J Q SA- Le-V"-f
(Address)
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(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
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
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 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 (Off Street 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
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~
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Attachment H