a Conditional Use Permit 2016-01 to relocate Tacos Michoacan Food Truck from its current location in front of Livingston True Value Hardware Store at 324 Main Street, to a new location in front of the car wash at 743 Main Street, APN: 24-144-008.

Meeting  Date: AUGUST 09, 2016

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CITY FILE NUMBER: Tacos Michoacan Food Truck, Conditional Use Permit 2016-01

OWNER/APPLICANT: Raul Flores, Owner and Applicant

7952 Walnut Avenue

Winton CA 95388

PROJECT LOCATION: 743 Main Street, in front of the existing car wash back of the sidewalk, generally adjacent to the existing two trees, APN #: 024-144-008. The property is currently used as a car wash with paving all around the building.

PROPOSED ACTION: Adopt Resolution 2016-_, approving Conditional Use Permit 2016-01 for the Tacos Michoacan food truck.

PREPARED BY: Randy Hatch, Contract City Planner



Property Size:  9,375 Square Feet

Existing Land Use:  Car Wash and Paving

1999 General Plan Designation: Downtown Commercial

Zoning:  Downtown Commercial (DTC)

Street Access:   Main and "E" Streets


North:  DTC, Commercial Retail Uses

South:  Across Alley – DTC, Residential Uses

East:  Across "E" Street -DTC, Residential Uses

West:  Across Main Street – DTC, Offices and Residential Uses


In October 2003, the Livingston Planning Commission approved Conditional Use Permit No. 2003-06 allowing the applicant to operate his food truck on the parking lot of the Livingston True Value Hardware Store (True Value) located at 321 Second Street, subject to various facts and conditions.

One of those facts presented to the Planning Commission was that the property upon which the food truck was to be parked was on land owned by True Value. This was reinforced by a letter from the owner of True Value granting permission for the food truck to be located on 321 Second Street.

Earlier this year, the City commissioned a detailed land survey of City owned land that was the right-of-way of Front Street and other parcels in the area to determine exact property lines. It was determined that the land the food truck was located on is land owned by the City and not land owned by True Value.

The City Council was informed of this situation and subsequently determined that the City should not be allowing a private business to be located on City property and directed staff to have the food truck vacate City property.

On April 13, 2016, the Contract City Planner sent a letter to the food truck owner informing him of the situation regarding ownership of the land he was located on and ordered him to move his food truck.

Current Proposal and Analysis:

Staff has been working with the food truck owner to find a suitable site where the food truck could be relocated. The proposed site on Main Street is such a potentially suitable site. The food truck owner has obtained the property owner’s permission to use a portion of this property (see attached permission letter from Mr. Alberto Arias). This property is zoned Downtown Commercial and food trucks are allowed subject to specific regulations within the City’s Municipal Code.

Food trucks are considered as an itinerant vendor (LMC 3-2-4) with the exception that one for every 5,000 in City population is allowed at a fixed location upon obtaining a Use Permit (LMC 3-2-8). The City’s population is over 10,000 but not yet 15,000 so two food trucks are allowed within the City. Two food trucks operate in the City, one at the northeast corner of Main and "D" Streets, about one block north of the proposed location of the second food truck which is re-locating per this proposed Use Permit.

The food truck proposes to be located on the property parallel to Main Street, back of the sidewalk between the two existing trees across the paved area from the car wash. The food truck will get electric power from the car wash. Lighting is provided by the existing car wash lights and lights from the food truck. Short term parking is provided by the paving around the car wash.

The proposal was referred to other City Departments and various agencies for review and comment. No concerns with the proposal were reported.


This activity is categorically exempt from further review under the California Environmental Quality Act under Guideline Section 15311, Class 11 Accessory Structures, which allows minor accessory commercial uses in a commercial area.


Staff is of the opinion that the proposed relocation of the food truck would be beneficial in the Downtown continuing to serve the existing customers of the food truck. Having the two food trucks allowed in the City to be near each other can create additional activity and synergy which helps both the Downtown and enhances customer choice.

The proposed food truck as proposed and conditioned complies with all the requirements and standards applicable to such a use. Staff recommends the Planning Commission approve Conditional Use Permit 2016-01 based on the Findings and Conditions of Approval contained in the attached resolution.


1. Resolution 2016-

Exhibit A, Conditions of Approval

2. Zoning and Location Map

3. Project Site Google Maps

4. Property Owner Permission Letter