HomeMy WebLinkAbout21-46 ResolutionRESOLUTION NO. 21-46
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. DRC2021-00149, A REQUEST TO ESTABLISH INDOOR
AND OUTDOOR, TEMPORARY AND PERMANENT USES AT AN
EXISTING FOOD HALL —HAVEN CITY MARKET, LOCATED WITHIN THE
INDUSTRIAL PARK DISTRICT, HAVEN AVENUE OVERLAY DISTRICT
AND 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
Conditional Use Permit DRC2021-00149, as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Conditional Use Permit request is referred to as "the application."
2. On the 1'1th 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.
3. 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 oralstaff 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. 21-46
DRC2021-00149 HAVEN CITY MARKET CONDITIONAL USE 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. This Conditional Use Permit proposes expand the number of conditionally
permitted uses onsite while maintaining all previous entitlement and their conditions of approvals.
The following tables are established under Conditional Use Permit DRC2021-00149'to outline
temporary and permanent uses permittable in the various areas of the HCM:
Temporary Uses/Events'.10•77,12
Parking,
Lota,7,1,9
Unit 101
Outdoor
Eating Area
Tenant
Spaces
Live Music/ConcertS2,4.5
N
Y
Y
N
Live Background Music3
N
Y
Y
Y
Other Special Gathering Events2,4,5
N
Y
Y
Y
Private Event/Weddin S2,4.5
N
Y
Y
N
Events with Alcohols
N
Y
Y
Y
Cultural Events/Exhibits
N
Y
Y
Y
Seasonal Events
N
Y
Y
Y
Movie Night
N
Y
Y
Y
Classes/Seminars/Workshops
N
Y
Y
Y
Community Group Meetings
N
Y
Y
Y
Farmer's Market
Y
Y
Y
N
Night Market
N
Y
N
N
Car Showss
Y
N
N
N
Fairs and Festivals5
Y
N
N
N
Temporary Retail Space
Y
Y
Y
N
Animal-Keeping/PettingZoos
N
N
N
N
Outdoor Sporting/Athletic Events5
Y
Y
N
N
1. All events shallconform to the City's performance standards (Chapter 17.66), including noise and odor standards.
2. Amplified or acoustical sounds permitted.
3. Acoustical sounds only.
4. Includes designated space for patrons to attend events.
5. Must notify San Bernardino Sheriffs Department of activities prior to event.
6. Provide signage and site lighting for all event occurring to safely direct attendees to intended destinations.
7. Separate with physical barriers event areas off from the rest of the parking lot. Provide vehicle and pedestrianpaths of
travel to ensure safe circulation.
6. Provide off -site parking.spaces equivalent,to 125% of the number of parking spaces dedicated to event space (e.g., 25
spacesneeded offsite for 20 spaces used for temporary retail stalls onsite).
9. Up to 4 events are permitted a year. City events are exempt from the 4-event limit.
10. Ancillarysale of merchandise permitted.
11. Sales of event entry tickets permitted forevents. If a fee is charged for event entry, a portion of the fee shall beremitted to the
City in accordance with Admission Tax. requirements.
12. All Temporary Events shall conform with Building & Safety and Fire Department permitting and certificate of occupancy
requirements. Events in Unit 101 shall be limited to a maximum of 240 people (including HCM staff andlorvendors) based on
current occupancy limits. Increases to current occupancy limits shall require a Conditional Use Permit Modification.
Permanent Uses2.3,,
Exterior-
Interior-
Unit 101
Mezzanine
Facing
Facing
PLANNING COMMISSION RESOLUTION NO. 21-46
DRC2021-00149 HAVEN CITY MARKET CONDITIONAL USE PERMIT
Date August 11, 2021
Page 3
Suites
Suites
Size
9,550 s.f.
49,450 s.f.
13,731 s.f. (market)
6,680 (storage)
5,619 s.f.
Restaurants
Y
Y
Y
Y
Grocery
N
N
Y
N
Art Gallery
N
N
N
Y
General Retail
Y
N
Y
Y
Office
Y
N
Y
Y
Indoor Fitness'
Y
N
Y
Y
Indoor Amusement'
Y
N
Y
Y
Education/Childcare/Tutoring'
Y
N
Y
Y
Individual uses limited to one (1) suite with a maximum size of 3,000 square feet. Limit is shared between all the
categories.
Permanent uses are not permitted in the Parking Lot or Outdoor Eating Area.
The following uses are prohibited:
Liquor stores, Convenience stores, Adult -Oriented business, Gun sales, Gun ranges, Tattoo establishments,
Smoke shops, Hookah shops, Secondhand dealer, Thrift stores, Bars/nightclubs, Animal-Keeping/Sales,
Massage, Mortuary/Funeral home, Manufacturing, Warehousing, and Storage not part of an approved use.
All Permanent Uses shall conform with Building & Safety and Fire Department permitting and certificate of occupancy
requirements.
f. For each use proposed in HCM, the Planning Director determines whether a use is
substantially similar to uses listed in the Permanent Uses or Temporary Uses/Events tables above.
Uses that are deemed substantially similar will not be required to have a Conditional Use Permit (for
permanent uses) or Temporary Use Permit (for temporary uses). The following are additional
clarifications on some fo the events in the tables above:
1) Other Special Gathering Events: Events in which groups of community
members gather in a designated space. Events are similar to Live
Music/Concert category but covers events in which amplified
music/sounds is ancillary to the primary activity.
2) Events with Alcohol: Any event in which alcohol is served for on -site
consumption.
3) Cultural Events/Exhibits: Events organized around a thematic display or
interactive activity that directly engages patrons. These events may
include activities such as art night, pottery crafting workshops, cultural
displays, etc.
4) Seasonal Events: Similar to Cultural Events/Exhibits above but design to
last a specific spans of time reflective of a period or holiday during the
year, such as Halloween, Thanksgiving, Christmas, New Years, etc.
Seasonal events may include a grouping of activities that reflect the
season, such as arts and crafts, haunted mazes and bobbing for apples for
Halloween.
5) Classes/Seminars/Workshops: Events providing for the education and/or
training of members of the public. May be private or public.
6) Community Group Meetings: Community events, private or public, that
are sponsored by bona fide clubs, associations, or public organization.
PLANNING COMMISSION RESOLUTION NO. 21-46
DRC2021-00149 HAVEN CITY MARKET CONDITIONAL USE PERMIT
Date August 11, 2021
Page 4
7) Animal-Keeping/Petting Zoos: Any events or activity which includes live -
animals.
8) Fairs & Festivals: Outdoor events that includes large groups of community
members, amplified music, interactive activities, rides and/or food &drinks.
g. The Conditional Use Permit is granted on a provisional basis for a period of one (1)
year. During that time, HCM is granted leeway to experiment with a variety of events that fall within
the constraints placed by the Conditions of Approvals. The City reserves the right to re-evaluate the
range of uses permitted and place additional restrictions on event types any time during the first
year. Wherein a specific event type does not occur in that one (1) year period, the uses may be re-
evaluated in future yearsEvents that deviate or intensify from events in the first year are subject to
re -review. Any revisions to the facility to incorporate a permanent use where permanent uses have
not been approved (i.e., Entertainment Flex space, parking lot and outdoor eating area) will require
additional entitlements; and
h. Approval of the Conditional Use Permit does not constitute automatic permits to
operate the uses indicated in the tables above. Priorto any commencement of any use, a Condition
of Approval requires that all appropriate Building & Safety Department and Fire Department permits
and Certificate of Occupancy be obtained. This requirement ensures that all proposed modifications
to the facility and the conditionally permitted uses occurring within will conform to California health
and safety standards. The Conditional of Approvalalso requires a HCM to maintain compliance with
all federal, state and county regulations.
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 proposed use is allowed within the applicable zoning district and
complies with all other applicable provisions of this Zoning Code, Municipal Code,
General Plan, and any applicable Specific Plans or City regulations/standards.
Fact: Temporary uses are permitted throughout the City regardless of zoning
district. Development Code Section 17.104 provides guidance on the ranges of
temporary use categories that are permitted in the City. Events such as concerts,
fairs and festivals, farmer's markets, etc. are all conditionally permitted under a
Temporary Use Permit. Section 17.104 also lists guidelines for specific temporary
use permits. The events permitted and their guidelines are similar to the events and
guidelines proposed under this Conditional Use Permit. The intent of the proposed
Conditional Use Permit is to streamline the process for HCM to hold temporary
events that are generally consistent with those permitted on other sites in the City.
Permanent uses such as the previously approved restaurants in the interior spaces,
the previously approved gourmet market, and the variety of non -restaurant uses
permitted in the front -facing spaces and mezzanine, are all consistent with the uses
permitted or conditionally permitted in the Industrial Park (IP) District of the Zoning,
District. All permanent uses will conform with performance standards (e.g. noise,
odors) established in the City's Municipal Code.
PLANNING COMMISSION RESOLUTION NO. 21-46
DRC2021-00149 HAVEN CITY MARKET CONDITIONAL USE PERMIT
Date August 11, 2021
Page 5
b. Finding: The site is physically suited for the type, density, and intensity of the
proposed use including access, utilities, and the absence of physical constraints,
and can be conditioned to meet all related performance criteria and development
standards.
Fact: The existing commercial center is well -designed to accommodate a wide
variety of permanent and temporary uses. Pedestrian access is provided to the
Entertainment Flex space, outdoor eating areas and all tenant spaces, and there is
absence of physical constraints that would restrict access. The proposed uses will
occupy previously unused spaces designated for the gourmet market and make use
of existing spaces already dedicated to outdoor dining. Also, events are temporary
in nature and subject to revision if it is discovered that it the density or intensity of
events create impacts on adjacent neighbors.
c. Finding: Granting the permit would not be detrimental to the public interest, health,
safety, convenience, or welfare, or materially injurious to persons, ,property, or
improvements in the vicinity in which the project is located.
Fact: The proposed uses are located at an existing commercial shopping center.
The permanent uses are consistent with uses found in other existing commercial
shopping center. Temporary uses will be conditioned to meet all City performance
standards, including but not limited to noise, circulation, and public safety. If
impacts detrimental to public interest, health, safety, convenience, or welfare are
discovered during the 1-year provisional time period, the City can re-evaluate the
use and impose additional conditions as necessary.
4. Planning Staff determined that the project is categorically exemptfrom 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.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11th DAY OF August 2021.
PLANNING COJllI ISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
rancisco Oaxaca, Chairman
PLANNING COMMISSION RESOLUTION NO. 21-46
DRC2021-00149 HAVEN CITY MARKET CONDITIONAL USE PERMIT
Date August 11, 2021
Page 6
ATTEST: dAA& mei` dx-4"
Anne McIntosh, AICP, Secret3 y
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 11'h day of August 2021, by the following vote -to -wit:
AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, WILLIAMS, MORALES
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: