The applicant is requesting approval of Conditional Use Permit No. 22-05 and Administrative Use Permit No. 22-13 to authorize entertainment within a defined map for Haven City Market and to authorize the on-sale of alcohol within a food hall. The project site is located on the northwest corner of S Glendora Ave and E Vine Avenue within the northwest side of the Hong Kong Plaza Shopping Center.  


 

Item	Description
Zoning and General Plan	Zoning: Neighborhood Commercial (N-C)  General Plan: Commercial (C)
Surrounding Land Uses and Zoning	North: Residential Single Family (R-1), Specific Plan (SP), Residential 15 du/ac (MF-15) East: Service Commercial (S-C), Office Professional (O-P) South: Neighborhood Commercial (N-C), Office Professional (O-P)  West: Residential 20 du/ac (MF-20) Residential Single Family (R-1)
Current Development	Hong Kong Plaza (Shopping Center)
Legal Notice	Public Hearing Notices have been sent to 334 owners and occupants of properties within 300 feet of the subject site.

The applicant is requesting approval of a Conditional Use Permit (CUP) and Administrative Use Permit (AUP) to authorize live entertainment and the sale of beer, wine, and distilled spirits for on-site consumption in conjunction with a bona fide eating place (restaurant) within Haven City Market. Haven City Market is a gourmet food hall comprised of a group of restaurants with shared dining space designed to offer a variety of food/beverage options and social interaction among customers.

Alcohol Sales
The property owner/manager is initiating the application to obtain city approval for alcoholic beverage sales for the entire food hall in order to promote efficiency that would otherwise require each tenant to apply for the same application separately and to accept accountability since the dining area is shared and would be managed by the property owner and/or its representatives. Each restaurant would still be required to obtain its individual license from the California Department of Alcoholic Beverage Control (ABC) and comply with ABC regulations. The license required would either be Type-41 (beer and wine on-sale) or Type-47 (on-sale general - allows for distilled spirits). Since most full-service/dine-in restaurants in the City include alcohol in their menus, the on-sale of alcoholic beverages would be necessary for the success of the food hall because it would provide Haven Market an equal opportunity to compete with other restaurants in the vicinity and with food halls in other cities.

Alcohol sales within a restaurant requires an AUP which typically does not require Planning Commission review unless a) a public hearing is requested by a member of the public, or b) it is requested with another use/entitlement that requires Planning Commission level review. In this case, the proposed alcoholic beverage service is being processed with the proposed live-entertainment use, which requires a CUP.

Live Entertainment
The applicant is requesting approval of live entertainment within the food hall. The proposed live entertainment includes live music, arcade games, arts and craft shows/instruction, seasonal activities (i.e. Easter egg hunt, Valentine's Day Event), and private parties. The live entertainment would be conducted in conjunction with the operations of the food hall. The location of the live entertainment would be limited to the food hall area (within the interior of the building and outdoor dining area), events that would expand beyond the confines of the food hall would require a separate temporary use permit. 

To address noise concerns, the following conditions of approval has been included in the draft resolution:

1. Amplified sound shall not exceed levels that are plainly audible, or vibrations felt on the outside of the tenant space. 
2. Amplified sound shall not be used within the exterior/outdoor dining area after 10:00 p.m. Fridays and Saturdays; and shall not be used at all Sunday through Thursday.
3. The northwest doors of the food hall shall be kept closed at all times, except when doors are in use, in order to minimize noise impacts onto adjacent properties. 
4. Any speakers inside the food hall shall be directed toward the front of the tenant space.
5. The Community Development Director shall monitor whether the business generates excessive complaints. If the business operation results in excessive issues or complaints at any time, the Director shall initiate a review of the CUP by the Planning Commission.  The Commission shall determine if additional restrictions, conditions, or physical changes are needed in order to address the issues or concerns.

Findings necessary for the approval of the Conditional Use and Administrative Use Permits are as follows:

a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.

The proposed use is consistent with the Commercial General Plan designation and the Neighborhood Commercial Zone.  The proposed on-sale alcoholic beverage service and live-entertainment use will be in conjunction with the operation of a bonafide restaurant. As conditioned, the proposed use will be compatible and complement the surrounding uses within Hong Kong Plaza. 
The alcoholic beverage service and live-entertainment will allow Haven City Management the ability to provide the community with entertainment options that will increase West Covina's regional appeal. 

b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

There is no evidence that any detrimental effects such as: noise, litter, or other nuisances would occur. The on-sale alcoholic beverage service and live-entertainment will be in conjunction with the operation of a food hall/group of restaurants. The food hall area is an existing structure that is currently undergoing renovation. With appropriate conditions of approval, the proposed on-sale of alcohol and live-entertainment will not be detrimental to the health, safety, peace, or general welfare of surrounding residents or business owners. The conditions of approval regulate the use to have minimal impacts. 

c. That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith.

The existing building and site are adequate in size and designed to accommodate the proposed use. The proposed use will integrate well with the surrounding uses. The proposed use would not impact the parking requirements for the site.

d. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.

The subject property is located on the North West corner of S Glendora Avenue and E Vine Avenue. The site can be accessed via S Glendora Avenue.  No effect on the required infrastructure will result from the proposed use. The subject site's abutting streets are adequate in width to accommodate the proposed use. The proposed use will not change traffic and circulation on the site.

e. That the granting of such a conditional use permit will not adversely affect the general plan of the city, or any other adopted plan of the city.

Granting the Conditional Use Permit and Administrative Use Permit to allow the on-sale of alcoholic beverages and live-entertainment in conjunction with the operation of a food hall/group of restaurants will not adversely affect the West Covina General Plan, since the proposed use does not conflict with the site's "Commercial" land use designation. The use is consistent with General Plan Policies 2.1 (maintain and enhance the City's current tax base) and 2.4 (building on and grow West Covina's regional appeal).

The City's General Plan Land Use Element designates the subject property for Commercial Uses. The project is consistent with the following General Plan policies:

• Policy 2.1 Maintain and enhance the City's current tax base. 
• Policy 2.4 Build on and grow West Covina's regional appeal. 

Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt, pursuant to Section 15303 (Class 1, Existing Facilities) in that it consists of minor alterations of the existing structure in order to operate the requested use.

Planning staff recommends adopting Resolution Nos. 22-6116 and 22-6117, approving Conditional Use Permit No. 22-05 and Administrative Use Permit No. 22-13.

Plans may be viewed at the West Covina City Hall Planning Division Counter at 1444 W. Garvey Avenue South, 2nd floor- Room 208, West Covina CA 91790.