City Council Meeting
October 13, 2026
Agenda Item 10.01
Community Development Department
APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN ADMINISTRATIVE
INTERPRETATION OF NONCONFORMING TRUCK SALES USE AT
2546 TURNPIKE ROAD (APN: 165-261-25 & 165-261-26)
Location
2546 Turnpike Rd
Subject Site
March 8, 2025
Aerial
General Plan & Zoning
Industrial,
General (IG)
GP Designation:
Low Density Residential (LDR)
Zoning District:
Residential, Low Density (RL)
June 6, 2025
Aerial
Subject
Site
Residential,
Low Density
Appeal
Pride Truck Sales is appealing the Planning Commission’s interpretation of the Development Code, and requests that the City Council reconsider the Commission’s determination and find that the truck sales use be recognized as a current nonconforming use at 2546 Turnpike Road.
Applicant's reasons for continuing the Nonconforming Status include:
• The maintenance of the site preserved the nonconforming use • Expiration of a business license does not discontinue the use • Bankruptcy proceedings constitute an “involuntary discontinuance” 1990s: Truck Sales legally established
2018: Pride Trucking issued business license as “Legal Nonconforming Use” under the “Auto and Vehicle Sales – Used” land-use category
2022: Site rezoned from IG to RL for General Plan consistency (nonconforming use remained)
2024: Business License expires due to non-renewal - Legal use of truck sales ceases 2025: Use definition changes to “Large Vehicle and Equipment Sales, Service, and Rental” (continues to be not permissible in RL)
2025: Nonconforming status expires after 1 year of no legal truck sales use 2026: Pride Trucking contacts the City to affirm nonconforming status 2026: Planning Commission determines the nonconforming status was lost due to voluntary discontinuance.
Background
Nonconforming Uses
SMC Section 16.240.010 defines a nonconforming use as:
“A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of the ordinance codified in this Development Code and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located.” Nonconforming Uses
To establish a legal nonconforming use, SMC Section 16.228.020(A) requires one or more of the following:
1. An existing, valid use permit, if required
2. Evidence that the use was allowed at the time it was established
3. Evidence that the use was allowed at the time the parcel was annexed into the City
4. If the above information is not available, the Director shall review the evidence for status as to the legality of the nonconformity and issue a determination based upon information provided by the applicant and payment of a filing fee set by the Council's fee resolution.
Nonconforming Uses
The intent of the Development Code for nonconforming uses, as stated in SMC Section 16.228.010(B):
“It is the intent of this Development Code to discourage the long-term continuance of these nonconformities in order to promote the public health, safety, and general welfare and to bring the uses and structures into conformity with the goals and policies of the General Plan and any applicable specific plan, master development plan, or precise road plan. This chapter would provide for their eventual elimination, but would allow them to exist under the limited conditions identified in this chapter.”
Nonconforming Uses
The loss of a nonconforming use by discontinuance (SMC Section 16.228.060(C)):
“Except when extended in compliance with this chapter or the provisions of Chapter 16.168 (Use Permits), discontinuance of a nonconforming use or structure, nonconforming due to use, shall result in the use or structure losing its nonconforming status if the use is ceased or discontinued for a continuous period of at least one year from:
1. Voluntary. The date the use is voluntarily ceased or discontinued; or
2. Involuntary. The date the owner is notified of the requirement to reestablish the involuntarily discontinued use.
3. Extension. The owner may request a one-year extension if evidence shall be submitted to the Community Development Department indicating the owner has made a "good faith" effort to continue the nonconforming use. Evidence can include leasing agreements, occupancy or building records, and marketing brochures. Only one extension can be granted and will be based on the Voluntary or Involuntary date as shown above.”
Appeal
Applicant's reasons for continuing the Nonconforming Status include:
• The maintenance of the site preserved the nonconforming use The nonconforming use is “Large Vehicle and Equipment Sales, Service, and Rental.” Other activities do not maintain the use.
• Expiration of a business license does not discontinue the use Legal sales operations require a business license (SMC Section 5.04.040(B)). Failure to maintain a business license constitutes failure to maintain the use. • Bankruptcy proceedings constitute an “involuntary discontinuance” A business’ insolvency or bankruptcy are not initiated by the City or another land-use authority and therefore do not establish involuntary discontinuance.
Findings
This interpretation is consistent with the applicable provisions of this Development Code
This interpretation will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property This interpretation will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code An official interpretation is required to meet all the following findings (SMC §16.08.030(B))
Planning Commission
Brought before the Planning Commission on July 9, 2026
• After discussion, the Planning Commission voted 6-0 (1 absent) to determine that the nonconforming truck sales use had been voluntarily discontinued. • Made findings for a code interpretation, as required by SMC §16.08.030(B) Recommendation
It is Recommended That the City Council:
Uphold the Planning Commission’s determination that the former truck sales and other truck-related uses are not recognized as legal nonconforming uses at 2546 Turnpike Road, and that the
nonconforming use was voluntarily terminated by discontinuance and cannot be re-established.