title
REQUEST FOR A COMMISSION USE PERMIT AND DESIGN REVIEW TO ALLOW A FOOD TRUCK PARK/COMMISSARY CO-LOCATION AT 3646 TELSTAR PLACE (P24-0158) (APN 130-020-11)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission:
1. Find that the proposed Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(c), New Construction or Conversion of Small Structure; and
2. Adopt a Resolution approving a Commission Use Permit and Design Review to Allow a Food Truck Park/Commissary Co-location at 3646 Telstar Place (APN 130-020-11).
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Summary
The applicant, Mike Smith Engineering, on behalf of Paul and Janice Umdenstock, seek to develop a Food Truck Park and Commissary Co-Location use designed to accommodate 40 motorized food wagons on a legal parcel of approximately 4.44-acres, located at 3646 Telstar Place within the CG (Commercial, General) zoning district (Project). The proposed Project intends to enhance the existing site by integrating additional parking spaces, signage, landscape, defined vehicular and pedestrian circulation, and incorporate commissary services to support the motorized food wagons that will operate on-site.
Stockton Municipal Code (SMC) Section 16.240.020 defines a Food Truck/Commissary Co-Location (Land Use) as “a land use intended to accommodate motorized food wagons that offer food or beverages for sale to the public and provide the required commissary services to those motorized food wagons residing at the site.” Pursuant to SMC 16.20.020, Table 2-2, “Allowable Land Uses and Permit Requirements,” a Commission Use Permit is required for a permanent Food Truck/Commissary Co-Location (Land Use).
Further, SMC Section 16.120.020 requires Design Review for new commercial development throughout the City. To develop the commercial Project, the Planning Commission is asked to consider approval of a Use Permit and Design Review, subject to conditions.
The Project is consistent with the Commercial designation outlined in the 2040 General Plan Land Use Map. The Project also furthers General Plan policies aimed at the City of Stockton becoming more of a regional destination, attracting visitors and inviting residents to enjoy a diverse array of events and arts, entertainment, and dining options (Goal LU-1). In addition, the Project will expand opportunities for local enterprise, entrepreneurship, and gainful employment (Goal CH-3).
The Project is compliant with applicable Food Truck Park and Commissary standards provided in SMC Sections 16.80.380 and 16.80.385, respectively.
Staff recommends the Planning Commission approve the Project consisting of a Commission Use Permit and Design Review because staff can make all SMC required findings in the affirmative.
DISCUSSION
Background
The subject site consists of one (1) legal parcel identified as Assessor’s Parcel Number 130-020-11 and is located southeast of the intersection of Holman Road and Telstar Place (Attachment A - Location Map and Aerial Photo). The 2040 General Plan Land Use Map designates the subject site as Commercial (Attachment B - General Plan Land Use and Zoning Map).
The site is bounded to the:
• North by Telstar Place and parcels zoned CG that are developed with retail uses; and
• South by a parcel in the County of San Joaquin jurisdiction that is under agriculture use (Stockton General Plan Designation of Residential, Low-Density); and
• East by a developed parcel zoned CG with a public storage facility; and
• West by adjacent used auto sales and auto accessories retail uses zoned CG; and further west by Holman Road and parcels zoned Commercial Auto (CA) and developed with auto sales and vehicle services.
Project Description
The Applicants have applied for all required entitlements to develop a Food Truck Park and Commissary Co-location Project (Attachment C - Conceptual Project Plans). The subject parcel is within the City of Stockton limits and is approximately 4.44-acres in size. The subject site is currently vacant and was previously utilized for new and used auto sales and has seven office buildings and ample paved parking area. The proposed Project consists of parking areas for 40 motorized food wagons, new signage, landscaping, adequate lighting, restroom facilities, and seating for outdoor dining. The proposed hours of operation will be 7am to 10pm Monday through Sunday.
The motorized food wagons will stay on the premises overnight and must obtain a commissary agreement for their food truck from the owner/operator of the commissary. The commissary will only be permitted to serve motorized food wagons with a valid commissary agreement at the subject site. The motorized food wagons will be sanitized with mobile cleaning equipment twice a week. Permanent potable water faucets will be installed at each motorized food wagon spot and each food truck will have access to its own electricity per SMC Section 16.80.385.
An illuminated arch sign is proposed at the entry that complies with the sign standards for on-premises pole signs per SMC Section 16.76.100. The sign will read, “Stockton Food Plaza” in bright red which will create interest in the lively urban development. The Project proposal also includes all frontage landscapes to be removed and replaced with a variety of new plant selections in accordance with the landscape standards provided in SMC Chapter 16.56. Trough planters will be strategically placed to create focal points for the Project from the entry to the center of the parcel and supplementary landscape will be incorporated throughout in proximity to various vehicle parking stalls. The site proposes an abundance of lighting to ensure safety.
Based on the proposed conceptual plan, the Project proposes a total of 40 motorized food wagon parking stalls and 152 parking spaces incorporated throughout the project site. Per SMC Section 16.80.380, Food Truck Park and Commissary Co-Location off-street parking spaces shall be provided at a rate of five (5) [vehicular] spaces per motorized food wagon. This is broken down in the following manner: two (2) spaces for motorized food wagon workers (that may leave their food trucks overnight with commissary on site), and three (3) for motorized food wagon patrons. Per said Code, the required amount of parking is 200 parking spaces. However, due to the property’s location within ½ mile of a high frequency public transit stop at Holman Road and Hammer Lane, the City cannot impose a minimum off-street parking requirement for the site per Government Code Section 35863.2 (Commonly referred to as Assembly Bill (AB) 2097 approved in 2022). Therefore, the reduced number of parking spaces is permissible.
The Project was evaluated to consider pedestrian traffic flow and accessibility routes as required by the California Building Code. A portion of the existing building located at the center of the parcel is to be used as a public restroom pursuant to SMC Section 16.80.380 requiring all food truck parks and food truck park/commissary co-locations to provide permanent on-site restrooms for both the food truck park vendors and patrons. The existing six-foot wrought iron gate along the property line will be modified for pedestrian access and remain open during business hours.
Seating arrangements for food truck park and commissary co-locations must adhere to the requirement of three (3) seats for each motorized food wagon, as stipulated in SMC Section 16.80.380. The Project is compliant with this standard (calculated as 120 seats for 40 motorized food wagons) by proposing 192 seats equipped with shade covers. Provided seating is arranged without creating a hazard to pedestrians or encroaching on a required building exit, vehicle travel lane, driveway, or any public street.
Access to the proposed Project site will be from one (1) driveway on Telstar Place. An Emergency Vehicle Access (EVA) gate is proposed through the adjacent parcel to the west, identified as Assessor’s Parcel Number 130-020-13 and the access will remain open during business hours. Utility service for the project site, including sewer and water will be provided by the City of Stockton from existing service lines adjacent to the site in Telstar Place. The Project will have an on-site storm drainage system, including collection lines that would feed into the City’s storm sewer system. Grease interceptors will be installed to mitigate wastewater, fats, oils, and grease from entering the City’s storm drain system. Regulated electrical, gas, and communication utilities are extended to the Project site from existing facilities in the area. The Project will not have permanent propane services installed on-site; each truck will utilize its own individual propane tanks The ten-foot Public Utility Easement along the north property line is reserved for the existing utilities and motorized food wagons prohibited from parking in the easement area.
No tenant improvements, aside from modifications to accommodate the restroom facilities, are proposed for this Project. The applicant confirmed the following:
• There is no communal kitchen for the commissary, each truck will have hot and cold water for cleaning and sanitary purposes.
• There no permitted alcohol sales as part of the Project or allowed by any on-site motorized food wagons.
• There is no live entertainment as part of the Project, although that could be considered at a later date pursuant to the live entertainment regulations in SMC Section 16.80.180.
• All existing office buildings on-site will be refaced and their roofs repainted; however, the buildings will remain vacant until applicable approvals are obtained from the Community Development Department for each proposed use.
Development of the Project site with commercial uses is allowed under the Commercial, General (CG) zoning with the approval of a Commission Use Permit and Design Review for related site modifications.
A San Joaquin County Environmental Health permit and City of Stockton Business License will be required at time of the food truck park and commissary operation.
STAFF ANALYSIS
Development Permits
Commission Use Permit
In order to develop the existing site as a Food Truck Park/Commissary Co-location a Commission Use Permit is required pursuant to SMC Section 16.80.380(B) in which permit requirements for using private property to maintain and operate food truck parks are defined. A Commission Use Permit is mandatory for this use which has the potential for a significant impact on surrounding areas, due to the size of the project and nature of the use as provided in SMC Section 16.168.030. Per SMC Section 16.168.050, the following findings listed below can be made in the affirmative:
1. The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of the Development Code and the Municipal Code.
Pursuant to Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2, the proposed use is allowed with the approval of a Commission Use Permit and meets all applicable development standards of SMC Title 16 (Development Code). There are no applicable overlays or specific plans for this site.
2. The proposed use, as conditioned, will maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located.
The proposed food truck plaza and commissary co-location will provide a safe and secure environment, featuring ample lighting for patrons to assemble and a safety plan consistent with the California Health and Safety Code. Further, it will provide additional neighborhood-service retail and convenience services which serve to maintain and strengthen the surrounding commercial neighborhood.
3. The proposed use will be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan.
The proposed use is consistent with the Commercial General Plan land use designation of the site. The objectives, policies, and programs of the General Plan are supported by the project, particularly Goal LU-1 to become more of a regional destination that attracts visitors and invites residents to enjoy a diverse array of events and art, entertainment, and dining options. Additionally, the Project is supported by General Plan Goal CH-3: Skilled workforce in which we are facilitating projects that expand opportunities for local enterprise, entrepreneurship, and gainful employment.
4. The subject site will be physically suitable for the type and density/intensity of the use being proposed, including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.).
The Project and development site currently has adequate utility services and site access. There are no known physical constraints for the food truck park and commissary use at this site. For all these reasons, the proposed use is of an appropriate intensity and would be carried out on a suitable site.
5. The establishment, maintenance, or operation of the subject use, at the location proposed and for the time period(s) identified, is not expected to 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 subject use.
Public health and safety were considered in the establishment of the subject use by evaluating the provision of pedestrian pathways, crosswalks, landscaped scenery, ensuring proper sanitation of each motorized food wagon and proper permitting for food handlers, and safe ingress and egress of the site during standard operating hours as well as in the event of an emergency. The operation hours for the use are conditioned as 7:00 a.m. to 10:00 p.m. The proposed use is subject to conditions of approval that address property maintenance operating procedures. Trash receptacles and enclosures will be located on-site for patrons and motorized food wagon operators to properly dispose of garbage and refuse waste. Similarly, sanitary disposal of liquid wastewater will be facilitated by on-site grease interceptors. The Project is conditioned to provide a safe and secure space for the storage of all motorized food wagons, food, utensils, and supplies.
6. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property.
The planned food truck park and commissary co-location is classified as a commercial use that is compatible with the Commercial General Plan designation on the subject site. The anticipated customer base, traffic patterns, noise levels, and general operational characteristics of the proposed food truck park and commissary are compatible with nearby commercial and auto-related uses.
7. The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines, in accordance with the provisions of Section 15301(a) - Existing Facilities because it includes interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The interior of the office building central to the site is being modified to accommodate public restrooms. The existing buildings on-site will be refaced and their roofs repainted.
Design Review
SMC Section 16.120.020(A)(2) requires prior Design Review approval for all new commercial developments. The merits of Design Review requests are weighed against their ability to conform to the Citywide Design Guidelines. For this Project, Section 4.01 (General Commercial Design Guidelines) provides the relevant reference point for the City’s expectations for quality development. The Project design was reviewed for consistency and conformity with the Design Guidelines and was recommended by the Architectural Review Committee (ARC) for approval.
The Project is designed using predominately white stucco blocked facades accented with different bold-colored roofs comprised of a variety of primary and secondary paint selections as shown in the enhanced rendering (Attachment D - Project Rendering). The proposed trash enclosures will be composed of concrete masonry unit (CMU) blocks and each trellis will be painted to incorporate all roof colors of the office buildings on-site. The outdoor dining equipment will be as portrayed in the photos submitted by the applicant (Attachment E - Shade Sails Gallery). The existing transformer located North of the Project site will also be screened from view of the public right-of-way with CMU blocks to match the proposed paint selection of the existing buildings on-site.
Per SMC 16.120.060 (Findings), the Project shall meet the adopted City Standards based upon consistency with the Design Review findings which include the following:
consistency with the development code; design consistent with the Citywide Design Guidelines; the design, color and materials visually compatible with surrounding development; location of structures is compatible with the surrounding development; general landscape is designed to provide an attractive environment; the design and layout will not interfere with the neighboring development or pose pedestrian hazards; the Project has been designed to ensure the intended use will best serve the potential user; and special requirements or standards have been adequately incorporated where applicable. Staff affirms that the Project can meet all findings related to Design Review.
Environmental Clearance
The proposed Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(c), New Construction or Conversion of Small Structure, since it includes the construction of a store, motel, office, restaurant or similar structure, not involving the use of significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four (4) commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive.
Public Comments
Notice for the Planning Commission public hearing for this request was published in The Record on April 28, 2025, and mailed notice was sent to all property owners within a 300-foot radius at least ten days prior to this meeting. As of the writing of this staff report, no written comments have been submitted.
Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use and Zoning Map
Attachment C - Conceptual Project Plans
Attachment D - Project Rendering
Attachment E - Shade Sails Gallery
This staff report was prepared by Adrina Cholula, Assistant Planner, (209) 937-5608; Adrina.Cholula@stocktonca.gov.