PREPARED BY: MEL MACKSON DATE OF MEETING: 03/25/2025
SUBJECT:
TITLE
APPROVAL OF A CONDITIONAL USE PERMIT FOR A MOBILE FOOD VENDOR (FOOD TRUCK) ON A PORTION OF AN EXISTING MOBILE FOOD VENDOR SITE IN THE COMMERCIAL MIXED USE (CMU) ZONING DISTRICT AT 1305 23RD Street, SAN PABLO, APN: 410-103-001; AND REVOKING THE CONDITIONAL USE PERMIT APPROVED AS RESOLUTION PC24-12 ON AUGUST 27, 2024.
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
PLAN No: PLAN2502-0007
Zoning: Commercial Mixed Use
Owner: Joshua Church of God in Christ, (“Church”)
Applicant: Alejandro Gongora
Staff Contact: Mel Mackson, Assistant Planner
Recommendation
Conduct public hearing; adopt Resolution
Body
REQUESTED ACTION
A request for approval of a Conditional Use Permit which would allow the relocation of a Mobile Vending Use (Food Truck) from an existing parking lot at APN:410-103-002 to the adjacent parcel at APN:410-103-001, located at 1305 23rd Street.
The proposed location for the truck was previously requested for approval of outdoor seating associated with the mobile vending use as part of PLAN2404-0023, approved by Resolution PC24-12 on August 27, 2024. As part of the approval of that conditional use permit, the applicant requested that the food truck be placed on the adjacent parking lot parcel just behind the accessible parking stall, and the Planning Commission recommended that the food truck be placed further away from 23rd Street due to traffic concerns and a high collision rate along this section of the corridor. The final approved site plan shows the food truck location to be buffered from 23rd street by three parking spaces.
The applicant is now requesting to have both the food truck and the outdoor seating in the same parcel APN: 410-103-001 to remedy issues with traffic and conflicts with cars parked in his approved food truck space. According to the applicant, during peak hours cars will park illegally in the parking lot and this makes customers feel unsafe. The applicant says that parking the food truck on the same parcel as the outdoor seating area would improve the customer experience. 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, an adjacent open lawn area, 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 were provided to tenants/residents within a 300-foot radius of the site on March 12th, 2025. 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, March 15th, 2025.
SITE LOCATION
The project site is located at the northwest intersection of 23rd Street and Alfreda Boulevard. The property features a single-story church building comprising 1,560 square feet with accompanying lawn space, occupying a 7,500 square foot lot (Parcel A). The adjacent parcel (Parcel B) is a 5,000 square foot lot used as a surface parking area for ten vehicles, including one handicapped designated space. This parcel is also used for parking to serve the liquor store next door (Bonfare Market). 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.
BACKGROUND
Based on permit records, 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. The current Church acquired the property 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. Richmond High School is located across the street. The Church's parking lot is primarily utilized during church 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.
On July 23, 2024 the San Pablo Planning Commission opened a public hearing on a prior request for a conditional use permit to allow a mobile vending use (food truck) in the commercial mixed use (CMU) district at 1305 23rd Street (see Attachment C.). In response to a request from a public commenter, this public hearing was continued until August 27th due to inconsistencies in the street name reference contained within the staff report and meeting agenda.
On August 27, 2024 the Planning Commission reopened the public hearing on the request and it was approved with 4 commissioners voting in favor and 1 commissioner absent. This approval currently allows the Mobile Vending Use to operate out of Parcel B (at APN:410-103-002) and use Parcel A (APN:410-103-001) for outdoor seating. There were multiple comments from both the public and planning commissioners expressing concern over vehicular traffic and the dangers it could pose to increased foot traffic related to the business. As a result, the Planning Commission recommended that the food truck be placed further away from 23rd Street than was proposed in the site plan. The final approved site plan shows the food truck location to be buffered from 23rd street by three parking spaces (see Attachment C.).
PROJECT DESCRIPTION
The applicant, Alejandro Gongora, is requesting to relocate the Mobile Vending Use (Food Truck) from the parking lot to the adjacent grassy area that is currently used for food truck customer seating at 1305 23rd Street in the Commercial Mixed Use (CMU) district. The adjustment - which requires issuance of a new Conditional Use Permit to replace the one currently in place - is being requested because busy traffic and haphazardly parked cars during peak hours make customers feel unsafe patronizing the food truck in the parking lot. The applicant also states that he has had difficulty parking his food truck in the approved space due to cars parking there and refusing to move. The applicant says that parking the food truck in the outdoor seating area would improve the customer experience.
The applicant proposes stationing his food truck perpendicular to 23rd street on Parcel A, with the service window facing south (See Attachment B.). This would position the food truck on the same parcel as and adjacent to customer seating.
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. Updates to the existing lawn space would remain, with six picnic tables placed in a manner that provides for safe circulation for the public and perimeter landscaping along the 23rd Street frontage. The tables will be removed each night and stored offsite, along with solar string lights, and a garbage container. 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.
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. 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. It 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 will be Monday to Sunday, 11 a.m. to 8 p.m. This business plan does not include any changes from the previously approved plan, other than site placement of the food truck.
GENERAL PLAN CONFORMANCE
The site is designated as Commercial Mixed Use by the San Pablo General Plan. The proposed amendment 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 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. The proposed relocation of the food truck onto the adjacent lawn area would provide a more pleasant environment for its patrons away from the parking area and would help to reduce potential vehicle/pedestrian conflicts. It would also reduce the impact that the current location has in removing parking spaces from use in a busy area.
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 |
Provided to the City |
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 |
Provided to the City |
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 |
Provided to the City |
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 (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 (Condition 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. |
Yes (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. The proposed amendment would not change compliance with any of the development standards noted above.
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 by locating the food truck on the lawn space would no longer remove three on-site spaces in the parking area. According to Zoning Ordinance section 17.54.050, governing parking waivers and reductions, 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 an amendment to 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 and the revised location would provide for improved separation between customers and vehicle traffic and would provide a more pleasant quick dining environment.
B. The proposed Mobile Vending Use would be located on an underused portion of a commercial institutional 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 and residents/tenants 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 relocation of the Mobile Vending Use would place the food truck into an underused portion of the existing lawn area that will help to improve the dining experience and will avoid potential pedestrian and vehicle conflicts that may occur in its current location within the parking lot. The food truck would help to 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/institutional 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 PC25-04
B. Site Plan and amendment request letter
C. Resolution PC24-12 and existing site plan
D. Menu and Site Photos
E. Application, Property Owner Authorization, Letter of Explanation and Business Plan
F. Vehicle Registration and Insurance
G. Commissary Agreement
H. Proof of Publication from West County Times