STAFF REPORT
TO: Planning & Zoning Commission Members
FROM: Planning Division Staff
REQUEST:Title
Request to Adopt Resolution No. 26-04, Approving a Major Conditional Use Permit for 2894 Jamaica Boulevard, Tract 2271, Block 13, Parcels 2 and 3, Permitting a Food Court with Seven Mobile Food Units, a Permanent Building, and a Shade Structure in the Limited Commercial (C-1) District for a Period of One Year (Chris Gilbert)
Body
GENERAL INFORMATION:
|
Application No.: |
26-5281 (PZ2026-00099) |
|
Property Legal: |
Tract 2271, Block 13, Parcels 2 and 3 (Combined) |
|
Property Address: |
2894 Jamaica Blvd. |
|
Lot Size: |
1.18 acres |
|
Applicant: |
Stefan and Megan Pena |
|
Property Owner: |
Stefan and Megan Pena |
|
Staff Project Manager: |
Chris Gilbert |
|
Current/Proposed Zoning: |
Limited Commercial (C-1) District |
|
Existing/Proposed Use: |
Existing Commercial Use as Food Truck Court |
|
Proposed Number of Lots/Units: |
N/A |
|
Density |
N/A |
PROPERTY AND APPLICATION BACKGROUND:
The subject property is a fully operational improved site hosting seven food trucks with frontage on both Jamaica Boulevard and Chemehuevi Boulevard, wrapping around the back of the Marathon gas station that is situated on the corner. The subject property, the Marathon to the southwest and the Havasu Masonic Lodge to the east are all zoned Limited Commercial (C-1) District and intended for commercial uses. The property to the north is zoned R-3, Multiple-Family and occupied by a condominium community. More R-3 zoning lies across Jamaica to the west. Area and Zoning Maps are attached.
The attached Letter of Intent requests the previously approved Conditional Use Permit, approved by Planning Commission Resolution No. 23-05, be renewed and the existing mobile food vendor operation be permitted to continue for another year, as required by City Code Section 5.24.070.F.4.a.i, regarding Mobile Food Vendors. The approved Site Plan shows a food vendor court that includes areas set aside for seven mobile food units, an approximately 2800 square foot permanent bar structure with restrooms, a shade structure with an outdoor sitting/dining area, paved parking lot, landscaping, and utility connections for water, sewer, and fire, a grease interceptor, and site lighting. Use of the property will not include outdoor entertainment activities as this use is not permitted in the C-1 District. The mobile food unit locations surround the permanent bar structure within the northern portion of the property. At least 10’ separation is required between all structures and mobile food units at all times.
OPERATIONAL COMMENTS FROM OTHER REVIEWERS:
During the past year of operation, the following comments have been provided by the reviewing agencies:
1. No complaints received by the Code Enforcement Division over the past year.
2. Havabite has a current business license and the food vendors present had their individual Mobile Food Vendor Licenses. As these vendors do rotate out on occasion, it is the responsibility of the applicant to ensure the food vendors brought onto the property have this Vendor License.
3. Planning Staff has received a complaint that vehicles related to the food court operation are stored on the easement at times and this has also been noted by the Interim Fire Marshal. However, this does not appear to be a constant issue but is still not permitted.
4. Fire Department has concerns about vendors setting up barbecue grills and smokers with open flames and pellets outside of the mobile food trucks. No cooking around the building, both inside it or outside under the canopy is permitted.
STAFF ANALYSIS
Development Code Section 14.05.04(G)(4) provides the findings necessary for the approval of a Conditional Use Permit. The Planning Commission may only approve the permit after finding that:
a) The proposed use is allowed with a minor or major conditional use permit, as appropriate to the request, within the applicable zoning district and complies with all applicable provisions of this Development Code;
The proposed use has been issued a valid CUP and is requesting a new CUP for the existing mobile food vendor court operation as required by City Code Section 5.24. The operation is headlined by a permanent bar structure with restroom facilities and seven mobile food vendor pads, landscaped parking lot, and dumpster enclosure. The food court entrances connect to the joint entrances to the adjacent Fuel Station onto both Jamaica Blvd. and Chemehuevi Blvd.
b) The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan;
The property is zoned for C-1, Limited Commercial, with a Fuel Station/Convenience Store on one side and a Freemason’s Lodge on the other, generally surrounded by a large multi-family/condo area. The underlying land use is incongruent at the moment but is being fixed in the new 2026 General Plan Update if approved by the voters in November. Regardless, the zoning grants the entitlements in this case, regardless of the incongruency.
c) The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
The proposed use is a restaurant/bar between the food trucks and the permanent bar facility. C-1 zoning does not permit outdoor entertainment on the property. Outdoor seating area use for the food trucks is required to comply with the noise ordinance in a manner similar to every other outdoor restaurant in the community.
d) The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City;
The expected wear and tear on the property by the proposed use is expected to be no different from the numerous alternate uses that operate on property in the same zone in other parts of the City without a Conditional Use Permit.
e) The subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use;
The site is adequately sized for the existing food truck court currently operating on the property.
f) The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.
The food trucks themselves notwithstanding as they are mobile and will come and go, the entirety of the site is developed and landscaped in a manner that is compatible with the surrounding properties.
In reviewing a Conditional Use Permit request, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval will comply with the required findings preserving the public health, safety, and general welfare of the area.
CONDITIONS FOR CODE COMPLIANCE:
Staff modified the conditions contained in Resolution No. 23-05 to remove the construction related items and to add some new conditions. The retained conditions and the new conditions, which are based upon the operational comments received from various City departments over the past year since the Certificate of Occupancy was issued for Havabite, are as follows:
1. No outdoor entertainment is permitted in the Limited Commercial (C-1) District.
2. The property is limited to seven mobile food units located as shown on the original site plan. No vehicles related to the food court operation shall be stored at any time on the property in excess of the approved seven mobile food vendor vehicles, including within easements.
3. The applicant is responsible for ensuring the mobile food vendors that are invited to participate on the property have their individual Mobile Food Vendor Licenses from the City.
4. At least a 10-foot separation is required between all structures and mobile food units.
5. No cooking around the building, both inside it or outside under the canopy, is permitted. All cooking shall be performed within the mobile food units permitted to be on the property.
6. A minimum of one thirty-gallon trash receptacle shall be provided within fifteen feet of each individual mobile food unit.
7. The development shall comply with the noise regulations described in Lake Havasu City Chapter 9.30 at all times.
8. As required by City Code Section 5.24.070.F.4.a.i, the Conditional Use Permit shall be reevaluated by the Planning Commission one year after issuance of this continuation approval to gauge the impact of the use on the neighborhood and determine if any of the conditions need modification to assure minimum impact to the neighborhood.
ATTACHMENTS:
Resolution No. 26-04
Area Map
Zoning Map
Letter of Intent
Design Review Site Plan
Original Resolution No. 23-05
POSSIBLE MOTION::Recommended Action
I move to adopt Resolution No. 26-04, approving a Major Conditional Use Permit for 2894 Jamaica Boulevard, Tract 2271, Block 13, Parcels 2 and 3, permitting the use of the property as a food court with seven mobile food units, a permanent building, and a shade structure in the Limited Commercial District.
I move to NOT adopt Resolution No. 26-04, approving a Major Conditional Use Permit for 2894 Jamaica Boulevard, Tract 2271, Block 13, Parcels 2 and 3, permitting the use of the property as a food court with seven mobile food units, a permanent building, and a shade structure in the Limited Commercial District.