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REQUEST FOR ADMINISTRATIVE INTERPRETATION OF NONCONFORMING TRUCK SALES USE AT 2546 TURNPIKE ROAD (APN: 165-261-25 & 165-261-26) (P26-0148)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission by resolution determine that truck sales and other truck-related uses are not recognized as legal nonconforming uses at 2546 Turnpike Road (APN 165-261-25 & 165-261-26) and that the nonconforming truck sales use at 2546 Turnpike Road was voluntarily terminated by discontinuance and cannot be re-established on the site.
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Summary
Pride Truck Sales, LP (herein Applicant) applied for a Community Development Director determination of zoning conformity for a truck sales use located at 2546 Turnpike Road.
The site consists of two parcels integrated as one site adjacent to low density residential homes (Attachment A - Location Map and Aerial Photo). The Envision Stockton 2040 General Plan designates the site as Low Density Residential, as did the previous two General Plans (1990 and 2008). The site is currently zoned (RL) Residential, Low Density as a result of a City-initiated zoning change in 2022 to align with the General Plan land use designations (Attachment B - Zoning Map). The site was previously zoned Industrial, General (IG) and has a prior land use history of truck-related business uses.
In August 2018, the Community Development Department determined that truck and trailer sales, classified as a “Auto and Vehicle Sales - Used,” could continue to operate on the site as a legal nonconforming use in the IG (Industrial, General) zoning district subject to Stockton Municipal Code (SMC) Section 16.228.060(c) Loss of Nonconforming Status (see Attachment C - 2018 Business License Approval and Letter to Applicant). Accordingly, in October 2018, Pride Truck Sales, L.P. obtained a business license to continue truck and trailer sales on the site. In 2022, the zoning of the site was changed from IG to RL (Residential, Low Density). The Site retained its nonconforming status as “Auto and Vehicle Sales - Used” since that use was also not an allowed land use in the RL zone.
In September 2024, the business license for Pride Truck Sales expired. In September of 2025, the nonconforming status was deemed to have been voluntarily discontinued based on the one (1) year of legal inactivity.
During this period of legal inactivity, the Applicant did not request a one year extension of their legal nonconforming status or provide evidence that they have made a “good faith effort,” to continue the nonconforming use as allowed by SMC Section 16.228.060(C)(3)Instead, in January 2026, the Applicant requested that the City recognize the nonconforming status of truck-uses on the site for the purpose of selling the property. Staff informed the Applicant that because a business license had not been present on site for a period over one (1) year, that the nonconforming status had been lost and could not be re-established.
Pride Truck Sales is requesting that a determination be made pursuant to SMC Section 16.228.020(A)(4) that the truck sales use is a legal nonconforming use based on their continued use and occupation of the site (Attachment D - Property Owner Request and Support for Nonconforming Use).
Staff has determined that the nonconforming use was voluntarily discontinued, and that a “good faith effort” was not made to retain or extend the nonconforming status prior to its loss after one year of legal inactivity. As a result, the required findings for an interpretation of Code outlined in SMC Section 16.08.030(B) cannot be met to allow for the finding of the legal nonconforming use or the re-establishment of truck sales on the subject parcels, and staff requests that the Commission make a determination that the nonconforming truck sales use at 2546 Turnpike Road was voluntarily terminated by discontinuance and cannot be re-established on the site.
DISCUSSION
Background
2546 Turnpike Road has a history of trucking-related uses on site for over 25 years. According to City records, truck sales date back to at least 1998 with ACME Truck Parts and Equipment being issued a valid business license. At the time this use was established, it was in conformance to the parcels’ industrial zoning designation. In 2008, the 2035 General Plan was adopted and continued the Low Density Residential land use designation (from the 1990 General Plan) to align with the surrounding residential land uses to the north and east. The site retained its zoning designation of IG (Industrial, General) since at the time, Charter Cities such as Stockton were not required to have the zoning land use designations consistent with the General Plan land use designations.
On August 6, 2018, the Community Development Department determined that truck and trailer sales, classified as a “Auto and Vehicle Sales - Used,” could continue to operate on the site as a legal nonconforming use in the IG (Industrial, General) subject to Section 16.228.060(c) (Loss of Nonconforming Status) (Attachment C - 2018 Business License and Letter to Applicant). The letter informed the Applicant of the requirement to continue the use, including through maintaining a business license, to retain its nonconforming status (Attachment C).
On October 14, 2018, Pride Truck Sales, L.P. was issued a business license for “Truck and Trailer Sales” with the use being classified as “Auto and Vehicle Sales - Used” which was a nonconforming use in the IG zone. By definition, a “nonconforming use” is 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 the 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.
On December 4, 2018, the Envision Stockton 2040 General Plan was adopted, continuing the Low Density Residential land use designation for the subject parcels. During the General Plan preparation, State regulations (Senate Bill 1333) changed, requiring Charter Cities to have their zoning ordinances and land use designations consistent with their General Plans. Following the General Plan adoption, City-wide General Plan consistency rezoning efforts were initiated to change zoning to match with General Plan land use designations. On January 27, 2022, the zoning changed for the subject parcels from IG to RL (Residential, Low Density). RL zoning does not permit truck sales as per Table 2-2, Allowable Land Uses in the Stockton Development Code. Because the subject site’s truck sales use was legally established and had not lapsed, the nonconforming status of the business continued under the new zoning designation.
On September 30, 2024, Pride Truck Sales, L.P. failed to renew its business license, and it expired. Upon the expiration of the business license, the business ceased operating legally. Accordingly, one year after the expiration of the business license, the nonconforming status was deemed to have been voluntarily discontinued based on the one (1) year of legal inactivity.
On November 7, 2024, the property owner’s real estate agent emailed the City to ask about continuation of the use. City Staff responded the same day, notifying the agent that the use was nonconforming and that “it is important that the new owner gets their business license and continues the existing use on-site as soon as possible, as after 12 months the truck sales will no longer be grandfathered in.” (Attachment E - City Correspondence).
On June 03, 2025, the Stockton City Council approved an ordinance amending the Development Code (Ord. 2025-06-03-1601). Among the changes made were the removal of the “Auto and Vehicle Sales - Used” land use and the addition of the “Large Vehicle and Equipment Sales, Service, and Rental” land use; Truck sales fall under this new land use classification. This use is permitted in the IL and IG zones, subject to a use permit in the CG, CA, and CH zones, and not allowed (prohibited) in all other zones, including the RL zone.
Planning staff received no further communication regarding 2546 Turnpike Road until January 8, 2026, 14 months after the previous communication and over 15 months after the business license expired and legal use of the site had ceased. In the January 2026 communications, Pride Group Enterprises requested that the City recognize the nonconforming status of truck-uses on the site for the purpose of selling the property, and were informed by staff that because the business license lapsed and legal operations had not been present on site for a period over one (1) year, that the nonconforming status had been lost and could not be re-established.
The owners assert that truck sales operations continued until March 2025 and the remediation of the site to prepare it for sale kept the nonconforming use active and secured their legal nonconforming status. The property owners are requesting a Director’s Determination in conformance with SMC Section 16.228.020(A)(4) to re-establish the truck sales use as a nonconforming use.
Project Description
The current request is for a determination of nonconforming use for truck sales at 2546 Turnpike Road. This request is being forwarded to the Planning Commission in accordance with SMC Section 16.08.030(E), which allows the Director to forward any interpretation or determination directly to the Commission for consideration.
STAFF ANALYSIS
2546 Turnpike Road is currently zoned RL (Residential, Low Density). Truck Sales are classified as “Large Vehicle and Equipment Sales, Service, and Rental”, and are not an allowed use in the RL zoning district as per Table 2-2 in the Development Code. Uses not allowed in the zoning district in which they are located can only be legally permissible if they are considered a “nonconforming use” as defined by SMC Section 16.240.010:
“Nonconforming use. 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 are regulated through Stockton Municipal Code Chapter 16.228, Nonconforming Uses, Structures, and Parcels. To qualify, the use must be legally established and persist on the property. Illegal operations do not qualify as a valid nonconforming use, as per SMC Section 16.228.040(C)(3)(b).
As stated in SMC Section 16.228.010(b), the intent of the nonconforming uses chapter of the Municipal Code is 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.”
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.
Applicant Pride Group Enterprises is requesting to use the fourth option to re-establish truck sales as a nonconforming use of the property. The use in question, truck sales and storage, was legally established on the subject property and had various valid business licenses for over 25 years. The historic legality of the use is not in question, and the use squarely falls under the second option of SMC Section 16.228.020(A) due to the applicant obtaining a business license in 2018. The issue to be addressed by the Commission’s interpretation is if the truck sales use should be recognized as a nonconforming use in Code, or if the rights to the truck sales use have been lost due to voluntary discontinuance.
The loss of a nonconforming use by discontinuance is addressed in SMC Section 16.228.060(C), which states:
“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.”
Involuntary discontinuance occurs when the use is required to cease through government action. Bankruptcy, insolvency, or other similar instances of a business being “forced” to cease operations are considered a “voluntary discontinuance” because the issue causing operations to cease on the site are not initiated by the City or other government agency with land-use authority. Remediation of the site may qualify as “involuntary” if the site was specifically shut down by the Environmental Health Department solely for the remediation to occur. There is no evidence of such an order. Instead, the remediation in this instance stems from the ownership’s interest to sell the property. Further, a business license may be maintained while a property owner complies with such an order. In this case, the business license expired.
It is staff’s determination that the owner did not make a “good faith” effort to renew their business license after it expired in September 2024 and did not legally operate on the site for a period exceeding one (1) year, at which time the legal nonconforming status of the use was lost. Following the expiration of the business license, the property owner’s realtor was notified that the nonconforming rights would expire if the business license was not renewed. Despite these notifications, the property owners did not contact the City to discuss options or request for an extension of the nonconforming use prior to the nonconforming use being voluntarily lost due to legal inactivity in September 2025.
The Applicant states that the truck sales use persisted until March of 2025, which would cause the one-year period to expire in March of 2026. However, as previously mentioned in this report, SMC Section 16.228.040(C)(3)(b) states that “The activity shall not be lawfully allowed to continue unless or until permits and entitlements required by this Development Code and the Municipal Code are first obtained.
The business license for truck sales expired in September of 2024, meaning that any truck sales use that may have existed after that time was not a legal use of the property and cannot be used as justification to continue the nonconforming use.
Findings, Basis for Interpretation
For an interpretation of Code to be valid, it must include the required findings found in SMC Section 16.08.030(B). Following are the three (3) required findings with an analysis of each finding provided by staff:
1) This interpretation is consistent with the applicable provisions of this Development Code.
Analysis: Legal truck sales were discontinued for a period longer than one (1) year, commencing on September 30, 2024, with the expiration of a valid business license. Re-establishing the truck sales use as nonconforming after one (1) year of discontinuance would be inconsistent with SMC Section 16.228.060(C).
2) This interpretation will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property.
Analysis: The subject property is adjacent to inhabited residential property on two sides. Allowing the re-establishment of truck-related uses adjacent to residential property would be detrimental to the health, interest, safety, and general welfare of City residents.
3) 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.
Analysis: The intent of the Development Code for nonconforming uses, as stated in SMC Section 16.228.010(b), is to “[…] provide for their eventual elimination, but would allow them to exist under the limited conditions identified in this chapter.” The limited conditions identified in Chapter 16.228 include the loss of nonconforming status through voluntary discontinuance, which has been demonstrated to apply to the truck sales use on the subject property.
It is staff’s assertion that the three (3) findings required for an interpretation of Code cannot be met to re-establish truck sales and truck related uses as legal nonconforming uses on the subject property.
Environmental Clearance
This determination is not subject to CEQA as it does not qualify as a “project” as defined in CEQA Guidelines Section 15378.
Public Comments
As of the writing of this staff report, no written comments have been submitted.
ATTACHMENTS
Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - 2018 Business License Approval and Letter to Applicant
Attachment D - Property Owner Request and Support for Nonconforming Use
Attachment E - City Correspondence
This staff report was prepared by Scott Speer, Planning Manager, (209) 937-8195; scott.speer@stocktonca.gov.