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Home My WebLink About21-45 ResolutionRESOLUTION NO. 21-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. DRC2021-00195, A REQUEST FOR LIVE ENTERTAINMENT IN CONJUNCTION WITH THE OPERATION OF A FOOD HALL — HAVEN CITY MARKET, LOCATED WITHIN THE INDUSTRIAL PARK DISTRICT, HAVEN AVENUE OVERLAY DISTRICTAND INDUSTRIAL COMMERCIAL OVERLAY DISTRICT AT 8443 HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0208-622-27 A. Recitals. 1. Tommy Ly, owner of Lyfe Company, LLC, filed an application for the issuance of Entertainment Permit DRC2021-00195, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 2. On the 11th day of August 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined,- and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on August 11, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 8443 Haven Avenue; and b. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Site Commercial Center Industrial Park Industrial Park District'.2 North City of Rancho Cucamonga City Hall Industrial Park Industrial Park District' West Vacant Land Industrial Park Industrial Park District' South Commercial Offices Industrial Park Industrial Park District' East Warehouses Industrial Park Industrial Park District 1 Haven Avenue Overlay District (HAOD) 2 Industrial Commercial Overlay District (ICOD) PLANNING COMMISSION RESOLUTION NO. 21-45 DRC2021-00195 HAVEN CITY MARKET ENTERTAINMENT PERMIT Date August 11, 2021 Page 2 C. The subject property is an approximately 85,000 square foot food hall with a 21,000 square foot outdoor eating area in a commercial/office center of about 17.65 acres. The center consists of seven (7) buildings: two (2) dental office buildings, three (3) multi -tenant office buildings, and a multi -tenant retail building; and d. The subject property was previously permitted operation of operation of thirty-four (34) food -related tenant spaces (approximately 59,000 square feet), a gourmet market (approximately 20,500 square feet), and an art gallery (5,619 square feet); and e. The applicant submitted Conditional Use Permit Modification DRC2021-00149 in conjunction with this Entertainment Permit application to modify the uses onsite. Conditional Use Permit DRC2021-00149 proposes a variety of temporary entertainment uses and events to be permitted onsite, including but not limited to concerts, private parties, fairs and festivals, etc. The scope of these temporary uses and events includes amplified music and other entertainment activites that requires an Entertainment Permit; and f. This Entertainment Permit is proposed to permit a variety of entertainment activities to complement the uses and activities proposed under Conditional Use Permit Modification DRC2021-00149, including but not limited to: amplified music, dancing, discjockey and/or karaoke; and g. The proposed entertainment activities are permitted with Haven City Market building and in the outdoor eating area to the rear and side of the building. Entertainment activities are prohibited from covering more than 50% of the south lawn area. Entertainment is not permitted in the front parking lot at the front of the building. 3. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing, and upon the. specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. Finding: The conduct of the establishment or the granting of the application is consistent to the public health, safety, morals, or welfare. Fact: It is unlikely that approving the Entertainment Permit would erode the conduct of the establishment or impact public health, safety, morals, or welfare. b. Finding: The premises or establishment is likely to be operated in a legal, proper, and orderly manner. Fact: HCM has continued to adhere to City regulation and has maintained operation in an orderly manner. It is unlikely that approving the Entertainment Permit would cause HCM to operate in an illegal and/or unorderly manner. c. Finding: Granting the application would not create a public nuisance. Fact: The proposed Entertainment Permit is unlikely to create a public nuisance. All entertainment -related activities will be located onsite and will be conditioned to meet City performance standards, including noise, circulation, and safety. The Entertainment Permit is also subject to an annual renewal process. In the event that PLANNING COMMISSION RESOLUTION NO. 21-45 DRC2021-00195 HAVEN CITY MARKET ENTERTAINMENT PERMIT Date August 11, 2021 Page 3 the Entertainment Permit creates public nuisance, and the condition is not remedied, the Entertainment Permit would potentially not be renewed. d. Finding: The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. Fact: The project site is located in the Industrial Park (IP) District and substantially surrounded by existing industrial uses and City Hall. The closest residential uses are the Avana Apartments, located over 800 feet away and across from Haven Avenue. The proposed activities permitted under the Entertainment Permit are unlikely to impact the peace and quiet of those neighborhoods given the distance and lack of adjoining property lines. In the event that the Entertainment Permit irreversibly impacts the peace and quiet of adjoining neighborhoods, the Entertainment Permit would potentially not be renewed. e. Finding: The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. Fact: The applicant has not made any false, misleading, or fraudulent statement during the course of this application. In the event that City staff discovers false, misleading, or fraudulent statements have been made by the applicant, the Entertainment Permit could be revoked. 4. Planning Staff determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 which covers the minor alterations of private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The project involves a modification of the approved uses and activities for an existing 85,000 square feet food hall. No square footage will be added to the existing building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on their own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the Standard Conditions, attached hereto and incorporated herein by this reference The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11th DAY OF August 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman PLANNING COMMISSION RESOLUTION NO. 21-45 DRC2021-00195 HAVEN CITY MARKET ENTERTAINMENT PERMIT Date August 11, 2021 Page 4 ATTEST: G Anne McIntosh, AICP, Secreta I, Anne McIntosh, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 11th day of August 2021, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, WILLIAMS, MORALES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: