PREPARED BY: LAURA SANTILLAN DATE OF MEETING: 07/23/2024
SUBJECT:
TITLE
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A MOBILE VENDING USE (FOOD TRUCK) IN THE COMMERCIAL MIXED USE (CMU) DISTRICT AT 1305 RUMRILL BLVD, SAN PABLO, APN: 410-103-001 AND 410-103-002
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15311, Accessory Structures, which exempts the construction or placement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities that have been determined to not have a significant effect on the environment. Specifically, Section 15311(c) exempts placement of temporary use items such as mobile food units that are generally in the same locations from time to time. The project will involve the placement of a mobile food unit at an existing institutional facility. None of the exceptions set forth in CEQA Guidelines Section 15300.2 which would preclude the use of this exemption are applicable.
Label
Location: 1305 23RD Street
APN: 410-103-001 AND 410-103-002
PLAN No: PLAN2404-0023
Zoning: Commercial Mixed Use
Owner: Joshua Church of God in Christ, (“Church”)
Applicant: Alejandro Gongora
Staff Contact: Laura Santillan, Planning Aide
Recommendation
Conduct public hearing; adopt Resolution
Body
REQUESTED ACTION
A request for approval of a Conditional Use Permit to allow a Mobile Vending Use (Food Truck) and associated outdoor seating in an existing parking lot and unused grassy area at 1305 23rd Street, APN: 410-103-001 and APN:410-103-002. The Parcels are designated as Commercial Mixed Use in the San Pablo General Plan and are zoned CMU, Commercial Mixed Use.
Surrounding Zoning and Land Uses:
The project site is currently occupied by a church and associated parking lot located at the Northwest corner of the intersection of 23rd Street and Alfreda Boulevard in the Commercial Mixed Use district. Surrounding Zoning and Land Uses are as follows:
North: CMU - Commercial Mixed Use; Bonfare Market
South: CMU - Commercial Mixed Use; Single Family residence
East: R-3 - Multifamily Residential; Single family residence
West: City of Richmond; Richmond High School
ENVIRONMENTAL DETERMINATION
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15311, Accessory Structures, which exempts the construction or placement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities that have been determined to not have a significant effect on the environment. Specifically, Section 15311(c) exempts placement of temporary use items such as mobile food units that are generally in the same locations from time to time. The project will involve the placement of a mobile food unit at an existing institutional location. None of the exceptions set forth in CEQA Guidelines Section 15300.2 which would preclude the use of this exemption are applicable.
PUBLIC HEARING NOTICE
Notices regarding this public hearing were mailed to owners of properties within a 300-foot radius of the site on July 10, 2024. In addition, a Public Hearing Notice was published in the West County Times newspaper (West Contra Costa edition of the East Bay Times) on Saturday, July 13, 2024.
BACKGROUND AND SITE LOCATION
The existing project site is located at the northwest intersection of 23rd Street and Alfreda Boulevard and comprises two distinct parcels depicted on the attached site plan. Parcel A features a single-story church building spanning 1,560 square feet with accompanying lawn space, occupying a 7,500 square foot lot. Parcel B consists of a 5,000 square foot lot used as a surface parking area for ten vehicles, including one handicapped designated space. Access to the parking lot is provided via a driveway connected to 23rd Street. Additional street parking along Alfreda Boulevard and 23rd Street can accommodate up to seven more vehicles. The Joshua Church of God in Christ (“Church”) owns both Parcel A and Parcel B, along with the adjacent through lot at 2215 Alfreda Boulevard, which functions as a residential rental unit for the Church.
The property has primarily served as a church since its original construction in 1944, with a relatively brief period from 1960 to 1970 when it operated as a temporary Christmas tree lot, based on permit records. The current Church acquired the parcels in 1986 and has since been in continuous operation. Led by Pastor James Edwards, the Church hosts Sunday school from 11am to 12 pm, followed by services from 12 pm to 1 pm on Sundays. Additionally, bible classes are held on Tuesday evenings starting at 7 pm. The Church building includes an assembly room with seating for 40 people and a restroom near the entrance. Pastor Edwards notes that the lawn space north of the Church is occasionally used for church BBQs and special events but remains largely unused.
The surrounding area features a small strip business center occupied by Bonfare Market and Tina’s Launderette, alongside residential uses and Richmond High School is located across the street. The Church's parking lot is primarily utilized during service times. Bonfare Market and Tina’s Launderette each have seven surface parking spaces in front of their building, with customers occasionally using the Church's parking lot without a formal parking agreement in place.
PROJECT DESCRIPTION
The applicant, Alejandro Gongora, is requesting a Conditional Use Permit to operate a mobile food vending truck at 1305 23rd Street in the Commercial Mixed Use (CMU) district. He proposes using three of the ten existing on-site parking spaces on Parcel B to station his food truck and to utilize the lawn space within Parcel A, adjacent to the existing Church building, for an outdoor seating area for guests. The Church has provided written approval for Mr. Gongora to lease the portions of the parking lot and the lawn space shown on the site plan.
Mr. Gongora plans to station his food truck horizontally across the three parking spaces west of the handicapped-designated space. A fence separates the parking lot area from the church and lawn space, and a rolling gate provides access to the lawn space immediately adjacent to the parking lot facing 23rd Street. This gate will be open during operating hours for guests to access the seating area. Mr. Gongora proposes to update the existing lawn space, by adding potted Sago palm trees to enclose the area and planter boxes with low-water-maintenance flowers along the northern side of the Church building for added site design and to create a more inviting environment. In addition, the area will accommodate five picnic tables, five umbrellas that will be removed each night and stored offsite, solar string lights, and a garbage container. As stated in his letter of explanation, Mr. Gongora envisions “a cozy outdoor dining garden accessible to all his guests that compliments the comforting foods” offered by his food truck. The mobile vending truck will be removed from the site at the end of each day, and then parked at Zee Cooks Commissary located at 1760 Cesar Chavez St, San Francisco, CA 94124.
In a written letter of support, Pastor James Edwards states, “We are pleased to collaborate with Mr. Gongora and Grandma’s Kitchen to improve the underutilized lawn space and to offer the community a safe space to dine while providing a serene ambiance and delicious foods.” The applicant has also received written approval for restroom use for all employees, and a building key has been provided for access when the church is not operating.
A copy of the proposed food truck menu is attached to this staff report and includes Mexican food options like tacos, tortas, burritos and quesadillas. The menu also includes other Mexican hot dishes like chicken tortilla soup, various protein plates, taco bowls, and flauta plates. Food preparation and food storage will be conducted at Zee Cooks Commissary. Section 17.62.140 of the San Pablo Zoning Ordinance limits the hours of operation for mobile food vendors from 7 a.m. to 8 p.m. The Applicant has agreed to operate within the granted hours of operation, the proposed hours of operation for Grandma’s Kitchen are Monday to Sunday, 11 a.m. to 8 p.m.
GENERAL PLAN CONFORMANCE
The site is designated as Commercial Mixed Use by the San Pablo General Plan. The proposed use would be consistent with the following Land Use Guiding and Implementing policies:
LU-G-6: Promote site-sensitive design and pedestrian-oriented activities in mixed-use developments.
LU-G-7: Retain and enhance existing commercial, industrial, educational and entertainment land use areas to strengthen San Pablo’s economic base.
LU-I-29 Allow secondary uses in large commercial or industrial mixed-use developments, such as restaurants, cafés, dry cleaners, day care, and other complementary employee-serving uses, upon finding that such uses are compatible with the primary use.
LU-I-31: Establish zoning standards, including maximum size and separation requirements, for any commercial land use type that could adversely affect adjacent residential areas or create health and safety impacts.
The proposed request aligns with General Plan policies by providing a new food option that will attract neighboring business owners, residents, and the community, including members of the Joshua Church of God in Christ and Richmond High staff and students. The added food service at this location will promote pedestrian activity, strengthen the area’s economic base, and provide a secondary use for a commercial site with an underutilized parking and lawn area. The proposed food truck would serve residents and employees in the area and would be compatible with the primary commercial use of the site. The Zoning Ordinance contains standards for mobile vending to protect health and safety, and the food truck would comply with these standards as discussed below.
ZONING CONFORMANCE
The Mobile Vending use is subject to Zoning Ordinance Section 17.62.140, Mobile Vending. Following is a summary of Zoning Ordinance standards and the conformance of the proposed project:
Summary of Zoning Ordinance Development Standards:
|
DEVELOPMENT STANDARDS FOR MOBILE VENDING |
|
Standards |
Zoning Ordinance Requires |
Proposed Project |
Complies? |
|
Location C. 1. |
On private property with written approval from the property owner. |
On private property and written approval was provided with application. |
Yes |
|
Parking D.1. |
Adequate parking for both the established business and mobile truck customers |
The food truck will utilize an underused area of the property. Adequate parking will remain. |
Yes |
|
Traffic flow D.3. |
Not impede on-site traffic flow or impact safe sight lines |
Food truck would be located on existing private property and would not impede traffic flow or impact sight lines. |
Yes |
|
Overnight parking D.4. |
Approved off-site location for overnight parking required |
Approved off-site parking at commissary |
Yes (Condition of approval) |
|
Site Placement F.1. |
Not located in required parking for established business |
On-Street parking counted toward required parking |
Yes |
|
Site Placement F.2. |
Not located within a twelve-foot radius of the outer edge of any entranceway |
Located on the northern portion of the property not close to entranceway |
Yes |
|
Site Placement F.3 |
Not located where space for pedestrian passage will be reduced to less than six feet. |
Will be required to keep striped pedestrian way clear |
Yes |
|
Site Placement F.4 |
Not located within ten feet of a residential unit. |
Not located within ten feet of a residential unit. |
Yes |
|
Health services license G.1. |
A copy of the Contra Costa Health Services license for sale and preparation of food item |
Pending Approval |
Yes (Condition of Approval) |
|
State certification G.2 |
Proof that vehicle is state certified, include HCD compliance, plumbing and electrical standards, and the display of certification on the vehicle. |
Condition of Approval |
Yes |
|
Certified commissary G.3. |
Proof of Contra Costa Health Services approval of commissary for off-site preparation |
Pending Approval |
Yes (Condition of Approval) |
|
Disposal of used cooking grease and oils G.4. |
Proof of Contra Costa health services approval of certified facility for disposal of used cooking grease and oils |
Pending Approval |
Yes (Condition of Approval) |
|
Cleaning of vehicle G.5 |
Copy of signed approval for cleaning of a vehicle |
Condition of Approval |
Yes (Condition of Approval) |
|
Vehicle insurance G.6. |
Proof of current vehicle insurance and registration. |
Registration Application And Proof of Insurance Provided Attachment E |
Yes |
|
Use of restrooms G.7 |
Written approval allowing vending operation employees the use of restrooms. |
Application Provided Attachment D |
Yes |
|
Storage of vehicle G.8. |
Permission of site where the vehicle is to be stored. |
Agreement Provided Attachment F |
Yes |
|
Washing H. |
Wash-down of truck only permitted at approved facility. Wash down of the truck shall not be permitted on the subject property. |
Conditions of Approval |
Yes (see Condition of Approval) |
|
Trash I. |
Adequate trash receptacles provided on-site to accommodate trash generated by the business. |
Trash receptacle to be provided on-site |
Yes |
|
Cleanup J. |
Employees to clean site and adjacent area at the ended of each business day. |
Conditions of Approval |
Yes (see Conditions of Approval) |
|
Hours of Operation K. |
Operation limited to the hours between 7 a.m. and 8 p.m. |
Hours to be limited to between 7 a.m. and 8 p.m. |
Condition of Approval |
|
Overnight Parking L. |
Mobile food truck must leave the site and the conclusion of each business day. |
Will be moved to off-site location |
Yes (see Conditions of Approval) |
|
Preparation of Food M. |
Preparation of food items may only occur at Contra Costa Health Services approved facilities. |
Will occur at both food truck and off-site facility |
Yes (see Conditions of Approval) |
|
Cooking Waste N. |
Disposal of cooking waste may only occur at Contra Costa Health Services approved facilities. |
Will occur at off-site facility |
Yes (see Conditions of Approval) |
The proposed Mobile Vending Use is in general compliance with the requirements and development standards included within Zoning Ordinance Section 17.62.140. Many of the requirements are set forth as conditions of approval contained within proposed Resolution PC24-12 These conditions of approval will have to be met as part of the Business License process before the business begins operations.
PARKING
According to Zoning Ordinance Section 17.54.030 Nonresidential off-street parking requirements Table 17.54-A, Mobile Vending, requires one (1) space for the mobile vending truck. In addition, the Community and Religious Assembly use requires one (1) space per four (4) seats in the primary assembly area.
Joshua Church of God in Christ currently has 40 seats in its main assembly area, necessitating a total of ten (10) parking spaces for Community and Assembly use. In addition, Mobile Vending Uses require one (1) parking space for the food truck, this would bring the total required parking spaces to eleven (11). The site provides ten (10) parking spaces, with additional street parking available on Alfreda Boulevard and 23rd Street for seven (7) more vehicles.
The proposed Mobile Vending Use would require one additional parking space and remove three on-site spaces in order to accommodate parking the food truck horizontal to the parking area spaces. According to Zoning Ordinance section 17.54.050, Parking waivers and reductions (B), on-street parking adjacent to the property can count toward the parking requirement. With ten (10) off-street parking spaces and seven (7) on-street spaces available, the site offers sufficient parking to accommodate both the Community and Religious Assembly use and the Mobile Vending use.
CONDITIONAL USE PERMIT
The San Pablo Zoning Ordinance requires that a Conditional Use Permit be obtained for a Mobile Vending use in the Commercial Mixed Use (IMU) zone (Table 17.34A). Through the Use Permit process, the Planning Commission is given an opportunity to review uses with this classification, impose conditions of approval, approve or deny such proposals, and set terms for revocation of uses. In approving the Use Permit for the food truck, the Planning Commission shall make a finding that the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Findings to support the granting of a Conditional Use Permit in this case include the following:
A. The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city because the property is zoned Commercial Mixed Use and a food truck provides a service to this commercial and residential area. As noted above, the use also complies with the development standards for mobile vending.
B. The proposed Mobile Vending Use would be located on an underused portion of a commercial lot in an area that is developed with a mix of commercial and residential uses and would add to the vitality of the area by serving nearby residents and workers.
C. The proposed Mobile Vending Use would be responsive to General Plan policies calling for expansion of existing commercial areas with secondary uses.
D. The proposed Mobile Vending Use would be compliant with Zoning Ordinance development regulations pertaining to such uses.
E. The proposed project has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines pursuant to Section 15311, Accessory Structures.
F. Public notice of hearing has been given by mail to the applicant, local affected agencies and to all property owners within 300 feet of the subject property and has been published in the West County Times (West Contra Costa edition of the East Bay Times) in accordance with the requirements of Government Code Section 65905.
The granting of this application will not materially adversely affect the health or safety of persons residing or working in the neighborhood of the property, and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. As stated above, the proposed Mobile Vending Use would be located in an underused portion of the existing parking and lawn area that will promote pedestrian activity in the area and offer an additional food option for the area. The location of the food truck would be responsive to general land use policies by expanding the existing commercial area with a secondary use.
CONCLUSION
Staff recommends approval of the Conditional Use Permit, along with the conditions of approval identified in the attached proposed Resolution (Attachment A). Any changes to the approvals must first be submitted to the City of San Pablo for review.
ATTACHMENTS
A. Resolution PC24-12
B. Site Plan
C. Menu and Site Photos
D. Application, Property Owner Authorization, Letter of Explanation and Business Plan
E. Vehicle Registration and Insurance
F. Commissary Agreement
G. Proof of Publication from West County Times