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ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO CREATE REGULATIONS PERTAINING TO FOOD TRUCK PARKS AND COMMISSARIES
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RECOMMENDATION
It is recommended that the City Council:
1. Find no further environmental review is required for the proposed code amendments pursuant to the California Environmental Quality Act (CEQA) section 15183 (consistency with General Plan and Community Plan); and
2. Adopt an Ordinance amending Title 16 (Development Code) of the Stockton Municipal Code to create regulations pertaining to food truck parks and commissaries.
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Summary
Due to increased interest in the development of food truck parks, a new city-initiated ordinance is proposed to govern the development and operation of food truck parks and commissaries that service food trucks. The proposed draft ordinance was prepared based on staff research into best practices and recent experience from a temporary allowance of a food truck park project in Stockton. An ad hoc committee composed of representatives from six City of Stockton departments, the San Joaquin County Environmental Health Department, local food truck park business operators, and nonprofit organizations dedicated to supporting local businesses was formed to collaborate and provide constructive feedback.
A series of four ad hoc committee meetings were held between May and December 2022 to refine the food truck park ordinance. A key finding from the ad hoc committee’s review was the desire to allow the food trucks to remain at the food truck park when not in use. State regulations require food trucks to return to a registered commissary anytime they are not in use, typically every night. Commissaries are facilities that provide required services for food trucks such as sanitary solid waste and wastewater disposal, storage of perishable food products, washdown of trucks to remove any remanent grease, etc. This suggestion from the ad hoc committee prompted staff to develop a new ordinance for a stand-alone commissary land use and as a co-located land use within a food truck park to accomplish the committee’s goal.
On February 23, 2023 the City of Stockton Planning Commission considered and approved Resolution 2023-02-23-0501 (vote of 7-0) to recommend ordinance adoption by the City Council. Two public comments were made by Kenneth Foster and Jesus Andrade, both in support of the Resolution.
Staff recommends that the City Council approve the proposed ordinance to establish a new food truck park land use with development standards, including an option to co-locate a commissary use within a food truck park, subject to specified development standards. The proposed ordinance will also establish a new commissary land use with associated development standards.
DISCUSSION
Background
On October 29, 2020, the Community Development Director granted a six-month Temporary Activity Permit (TAP) to Stockton’s first food truck park. The project was approved under a TAP since this land use is not specifically listed in the Development Code. The extension of the TAP was denied by the CDD Director due to concerns over compliance issues during the initial term. The decision was appealed by the applicant to the City Council, and on January 11, 2022, the City Council approved the TAP extension with additional Conditions of Approval added. Ultimately the applicant elected to close the food truck park business following the extension approval.
During this time, staff began drafting an ordinance to govern future food truck park projects. The initial draft ordinance was based on extensive research into best practices, including discussions with food truck park operators, other cities with food truck parks, and reviewing related national studies.
Based on Council’s direction and public comments received at the January 2022 Council meeting, staff formed an ad hoc committee to provide input during the preparation of the comprehensive food truck park ordinance. Approximately 32 individuals representing a broad array of interests and organizations were extended the opportunity to participate on the ad hoc committee. These organizations included those recommended by the City Council, the local food truck park industry, local chambers of commerce (Greater Stockton, Hispanic, Asian, African American, and Punjabi), the Downtown Stockton Alliance, Weberstown Mall, University of the Pacific (UOP), and San Joaquin Delta College. The ad hoc committee also included City staff from Community Development, Police, Public Works, Fire Prevention, and Municipal Utilities. Representatives from San Joaquin County Environmental Health, which is heavily involved in regulating food trucks and commissaries, was also involved in an advisory capacity. The full roster of individuals that received communications from the City to participate during the process and noted attendance is provided as Attachment A.
Ad hoc committee meetings were held on May 24, June 10, and July 8, 2022 to thoroughly review and discuss the initial drafting of the food truck park ordinance (See Attachment B for meeting notes). On June 6, 2022, City staff visited the Lathrop Food Truck Park to tour and discuss Stockton’s ordinance with the park owner based on his experience. Combined, these outreach efforts helped shape the draft ordinance and most notably led to the discovery of the industry’s desire to co-locate a commissary with the food truck park. This co-location would allow food trucks the option to remain on-site overnight and receive the necessary commissary services or return to a registered off-site commissary. This resulted in the development of new ordinance for commissary as a stand-alone land use or as a co-located use with a truck park. A final ad hoc committee meeting was held December 22, 2022, to review the updated draft ordinance that resulted in consensus for moving forward.
Present Situation
Key components of the current draft ordinances include the following:
• Food Truck Park Categories:
o 2-5 Trucks = Food Truck Pod
o 6-10 Trucks = Food Truck Hub
o 11+ Trucks = Food Truck Plaza
• Permitting Requirements & Allowed Zoning:
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|
RE |
RL |
RM |
RH |
CO |
CN |
CG |
CD |
CL |
CA |
IL |
IG |
PT |
PF |
OS |
|
Food Truck Pod |
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|
|
|
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L |
L |
L |
L |
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L |
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Food Truck Hub |
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|
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|
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A |
A |
A |
A |
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A |
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|
Food Truck Plaza |
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C |
C |
C |
C |
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C |
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|
Food Truck Park/Commissary Co-Location |
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C |
C |
C |
C |
C |
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C |
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Commissary |
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A |
A |
A |
A |
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Permit Legend
§ L = Land Development Permit (LDP)
§ A = Administrative Use Permit (AUP)
§ C = Commission Use Permit (CUP)
Zoning Code Legend
§ RE = Residential, Estates
§ RL = Residential, Low Density
§ RM = Residential, Medium Density
§ RH = Residential, High Density
§ CO = Commercial, Office
§ CN = Commercial, Neighborhood
§ CG = Commercial, General
§ CD = Commercial, Downtown
§ CL = Commercial, Large-Scale
§ CA = Commercial, Auto
§ IL = Industrial, Limited
§ IG = Industrial, General
§ PT = Port District
§ PF = Public Facilities
§ OS = Open Space
• A Food Truck Park of any size, operating seven (7) or fewer consecutive days per year requires a Temporary Activity Permit.
• Detailed development standards are specified for food truck parks, addressing minimum area, setbacks, surfacing, off-street parking, fencing, landscaping, solid waste and wastewater disposal, lighting, seating, restrooms, pedestrian protections, alcohol sales, food truck storage, utilities, noise, signage, operating hours, and food truck owner responsibilities for food truck compliance.
• The proposed ordinance incorporates the lessons-learned from the 2020 Temporary Activity Permit, including consideration of the code enforcement complaints.
• Food truck parks operating 3 or fewer days per week are subject to reduced standard development requirements.
• Detailed development standards are specified for commissaries, including delineation between minimum required services a commissary must provide as well as additional optional functions a commissary may provide. Additional detail is provided concerning fencing, parking, and other requirements.
• Food Truck Park/Commissary co-locations are subject to the more restrictive permit requirements as opposed to an individual park or individual commissary use.
• Several glossary definitions are either created or clarified in the proposed ordinance.
The following chart illustrates the proposed changes to the Stockton Municipal Code (SMC):
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Code Section |
Summary |
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16.20.020 |
Addition of Food Truck Pod (2-5 trucks), Food Truck Hub (6-10 trucks), Food Truck Plaza (11+ trucks), Commissary, and Food Truck Park/Commissary Co-Location land uses to Table 2-2 |
|
16.80.380 |
Addition of new section to Title 16 pertaining to development standards Food Truck Parks and Food Truck Parks / Commissary Co-Locations |
|
16.80.385 |
Addition of new section to Title 16 for development standards pertaining to Commissaries |
|
16.240.020 |
Addition of terms to the Development Code Glossary, including “Commissary”, “Commissary Kitchen”, “Food Truck Park / Commissary Co-location”, “Food Truck Park”, “Ice Cream Commissary”, “Mobile Commissary”, “Motorized Food Wagon”, “Cottage Food”, “Food Truck Pod”, “Food Truck Hub”, and “Food Truck Plaza”. |
Redline track changes are provided at Attachment C to identify specifically where the code is proposed to be amended.
Planning Commission
On February 23, 2023, the City of Stockton Planning Commission held a public hearing to consider the proposed ordinance. Notice of the public hearing was advertised in the Stockton Record and sent to the ad hoc committee. City staff presented the proposed ordinance and addressed questions of the Commissioners. Two members of the public were in attendance, both expressing support of the proposed ordinance. At the conclusion, the Commission unanimously approved Resolution 2023-02-23-0501 (7-0), recommending ordinance adoption by the City Council (see Attachment D).
Staff and Planning Commission recommend the City Council adopt the ordinance as presented.
PUBLIC NOTICE
A Public Notice of this hearing was published in The Record on April 6, 2023.
FINANCIAL SUMMARY
Fees received from permit applications will adequately cover staff time for reviewing and processing permits. The proposed ordinance is anticipated to result in additional sales tax generation from food truck park operations and have a positive effect on the City General Fund.
Attachment A - Ad Hoc Committee Roster
Attachment B - Notes from Initial Ad Hoc Committee Review
Attachment C - Proposed Redline Track-Change Ordinance
Attachment D - Planning Commission Resolution 2023-02-23-0501