HomeMy WebLinkAbout1. PLN-16-00114 8323 FirestoneSTAFF REPORT
PLANNING DIVISION
DATE: AUGUST 17, 2016
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-16-00114 (CONDITIONAL USE PERMIT) – A REQUEST TO
ALLOW LIVE ENTERTAINMENT AT AN EXISTING HOOKAH LOUNGE
BUSINESS
LOCATION: 8323 FIRESTONE BLVD
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
REPORT SUMMARY
The applicant, Emad Hanna, seeks the Planning Commission’s approval of a conditional use
permit (PLN-16-00114) to operate his hookah lounge (Hookah Hub) with live entertainment.
After reviewing the materials and information submitted with the Land Use Permit Application,
staff recommends that the Planning Commission adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN-16-00114 (CONDITIONAL USE PERMIT),
THEREBY ALLOWING ACOUSTICAL AND AMPLIFIED MUSIC IN THE
FORM OF DISC JOCKEYS, LIVE BANDS AND MUSICIANS, AND
CUSTOMER DANCING, AT AN EXISTING HOOKAH LOUNGE (HOOKAH
HUB) BUSINESS, ON PROPERTY LOCATED AT 8323 FIRESTONE BLVD,
ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN – FIRESTONE
BOULEVARD GATEWAY DISTRICT)
BACKGROUND
The subject site is a 10,000 square foot parcel that is located on the north side of Firestone
Blvd. The site is improved with a multi-tenant commercial building, which includes a tobacco
store, a beauty salon, a clothing store, and a 2,720 square foot hookah lounge that is the
subject of this report. The business fronts on Firestone Boulevard, while its parking area is in
the rear (north side). Access to the site is through a private driveway approach on Firestone
Blvd, just west of the business. The property is zoned DDSP (Downtown Downey Specific Plan
–Firestone Boulevard Gateway District) with a General Plan Land Use Designation of “Mixed
Use”. The Specific Plan envisions the Downtown Core District as a vibrant, pedestrian-oriented
downtown with a mix of uses. Entertainment uses such as art galleries, sports bars, and
dancing may also be located in the District.
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Surrounding businesses include a beauty salon and retail store on the east and west sides of
the subject business. The Downey View apartment building is to the north of the subject
business, across from the private driveway and parking spaces. Restaurants, retail and office
uses exist on the opposite side of Firestone Boulevard to the south.
On May 3, 2016, the applicant submitted a Land Use Permit Application to obtain a conditional
use permit (PLN-16-00114) to allow live entertainment at his hookah business. Staff completed
a review of the application on August 2, 2016, and deemed the application complete. On August
4, 2016, staff mailed notices of the pending public hearing to all property owners within 500 feet
of the subject site and the notice was published in the Downey Patriot.
DISCUSSION
The subject hookah business is currently operating without a conditional use permit. The City of
Downey did not require a conditional use permit for the operation of hookah lounges under the
previous Zoning Code; therefore, Hookah Hub has operated as a nonconforming use since the
current Downtown Downey Specific Plan was adopted in September 2010.
Mr. Emad Hanna has operated Hookah Hub Lounge for almost one year since taking over the
business from the previous owner. The smoking lounge is exclusively for hookah pipes (hookah
is a smoking pipe for flavored tobacco). No other forms of tobacco consumption, food, or
alcoholic beverages are to be permitted.
Under this application, Mr. Hanna is requesting the Planning Commission’s approval of a
conditional use permit to allow live entertainment that includes acoustical and amplified music in
the form of musicians and disc jockeys, and customer dancing on the premises to provide a
lively environment for his patrons.
The plan shows a 12’-9” by 15’-0” dance floor adjacent to the prep/employee area. Also, the
applicant proposes a 3’-11” by 8’-9” area for DJs and live bands. This area will be seven (7’)
feet apart from the dance floor and will be located along the easterly wall of the subject tenant
space. Amplifiers and microphones will be used by the entertainers. According to the applicant,
patrons who wish to dance are required to leave their seats/tables and dance at the designed
dancing area.
Hours of Operation
The business currently opens Sunday through Thursday, from 6:00 p.m. to 1:00 a.m., and from
6:00 p.m. to 4:00 a.m. on Friday and Saturday. The proposed hours of operation for live
entertainment are 9:00 p.m. to 1:00 a.m. Sunday through Thursday and 9:00 p.m. to 1:30 a.m.
Friday and Saturday.
However, staff has concerns about the business remaining in operation until 4:00 a.m. on Friday
and Saturday. It is staff’s opinion that there is no justification to operate a hookah lounge during
these extended hours. An analysis of the hours of operation indicated that other establishments
in the downtown area (i.e. the 20/20 Draft House, Epic Lounge/LA Buns, Lock & Key, and
Joseph’s Bar & Grill) close at 2:00 a.m. Therefore, staff recommends that the permitted hours
of operation of the business, except for live entertainment, shall be 6:00 p.m. to 2:00 a.m.,
seven (7) days a week.
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PLN-16-00114 – 8323 Firestone Blvd
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On-Site Parking
The parking standard for hookah business is one parking space per 500 square feet of gross
floor area. By that standard, Hookah Hub requires six (6) parking spaces only, based on the
ratio of 2,720 square feet of floor area /500. Six parking spaces exist on the subject property
and the proposed live entertainment activity does not require additional parking spaces.
After reviewing the application, staff supports the request for live entertainment at Hookah Hub.
As mentioned earlier, allowing live entertainment will attract patrons to the Firestone Boulevard
Gateway District, which is consistent with other downtown businesses. However, to avoid future
noise problems, staff has recommended a condition requiring that all entry and exit doors to and
from the business shall remain closed during the hours when live entertainment is permitted.
DEVELOPMENT REVIEW COMMITTEE – MAY 19, 2016
At the Development Review Committee (DRC) meeting, the Police and Fire Departments
provided their standard conditions of approval and expressed no concerns about the proposed
conditional use permit for live entertainment. The Planning and Building & Safety Divisions
developed their conditions after the DRC meeting. The Public Works Department did not
express any concerns and did not provide any conditions of approval for the project.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, staff determined this request is categorically
exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
Categorical Exemptions are projects, which have been determined not to have a significant
effect on the environment and have been exempted from the requirements of CEQA. Class 1,
include projects that involve negligible or no expansion of the existing use. It is staff’s opinion
that the proposed live entertainment activities at the existing hookah business will not impact the
environment; thereby qualifying for the Class 1 exemption.
FINDINGS
Pursuant to the requirements of the Municipal Code Section 9824.06, staff recommends the
Planning Commission make the following findings to approve the request:
1.That the requested conditional use permit will not adversely affect the intent and
purpose of this article or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The requested conditional use permit for live entertainment falls under the category of
“Bar/Night Club/Live Entertainment”, and will not adversely affect the purpose and intent
of the Downey Municipal Code. The subject property is adjacent to other properties with
the same zoning designation. The requested conditional use permit will allow live
entertainment in the form of disc jockeys, live bands, musicians, and customer dancing
at Hookah Hub Lounge but will not adversely affect the purpose and intent of this
chapter or the City’s General Plan or the public convenience or general welfare of
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PLN-16-00114 – 8323 Firestone Blvd
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persons residing or working in the neighborhood because the site is developed as a
commercial use and the project site, along with other uses in the Firestone Boulevard
Gateway District maintains the Mixed Use General Plan designation, which is intended
to help facilitate entertainment uses. Related to this is General Plan Program No.
1.2.2.1 which states, “Promote the downtown area as a destination point for
entertainment, dining, civic, and other activities.” Allowing a hookah lounge with live
entertainment in the Downtown Core area will encourage people to come into the
downtown and remain there.
2.That the requested use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
The proposed conditional use permit will not adversely affect the adjoining land uses,
with a condition limiting the hours of the proposed live entertainment, since the proposed
use conforms to its DDSP zone development standards. The proposed live
entertainment will complement the existing hookah lounge and surrounding commercial
uses and will serve the public with a use that the Downtown Downey Specific Plan
deems appropriate for the Downtown Firestone Boulevard Gateway District.
3.That the size and shape of the site proposed for the use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular
area.
The subject property is a 10,000 square foot rectangular-shaped parcel with 70 feet of
frontage along Firestone Boulevard. The size and shape of the subject property are
adequate to allow the full development of the proposed use in a manner not detrimental
to the area because it is developed with a 5,530 square foot commercial building. The
proposed live entertainment activities will be contained within an existing 2,720 square
feet tenant space and it will not require an expansion or any interior improvement of the
space. Therefore, it will not impact the existing uses or other properties in the area.
4.That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The subject site is located within the Downtown Firestone Boulevard Gateway District,
with vehicular access being provided from Firestone Boulevard and La Reina Avenue.
Staff has reviewed the proposal for any potential increase in traffic caused by the
operation of the business and believed that live entertainment activities during the
evening hours will not impose an undue burden upon the streets in the area. The
surrounding streets have sufficient capacity to accommodate the minimal increase in
traffic that might be generated by live entertainment.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
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CONCLUSION
Staff recommends that the Planning Commission adopt a resolution approving PLN-16-00114
(Conditional Use Permit), thereby allowing acoustical and amplified music in the form of live
bands, musicians and disc jockeys, and customer dancing, at the Hookah Hub business,
subject to the conditions of approval.
EXHIBITS
A. Vicinity Map & Site Photograph
B. Aerial Photograph & Zoning Map
C. Draft Resolution
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Exhibit ‘A’
VICINITY MAP
SITE PHOTOGRAPH
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PLN-16-00114 – 8323 Firestone Blvd
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Exhibit ‘B’
AERIAL PHOTOGRAPH
ZONING MAP
Subject
Business
Subject
Property
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RESOLUTION NO. 16-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-16-00114 (CONDITIONAL USE PERMIT), THEREBY
AL LOWING ACOUSTICAL AND AMPLIFIED MUSIC IN THE FORM OF DISC
JOCKEYS, LIVE BANDS AND MUSICIANS, AND CUSTOMER DANCING, AT AN
EXISTING HOOKAH LOUNGE (HOOKAH HUB) BUSINESS, ON PROPERTY
LOCATED AT 8323 FIRESTONE BLVD, ZONED DDSP (DOWNTOWN DOWNEY
SPECIFIC PLAN – FIRESTONE BOULEVARD GATEWAY DISTRICT)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. An application was filed by Mr. Emad Hanna (hereinafter "Applicant") requesting
approval of a conditional use permit to operate live entertainment at an existing
hookah lounge business, on property located at 8323 Firestone Blvd, and zoned
DDSP (Downtown Downey Specific Plan); and,
B. On August 4, 2016, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published in
the Downey Patriot; and,
C. The Planning Commission held a duly noticed public hearing on August 17, 2016
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
project is not subject to California Environmental Quality Act (CEQA) and is categorically exempt
from CEQA, pursuant to Guideline Section No. 15301 (Class 1), Existing Facilities.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A. That the requested conditional use permit will not adversely affect the intent and
purpose of this article or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The requested conditional use permit for live entertainment falls under the
category of “Bar/Night Club/Live Entertainment”, and will not adversely affect the
purpose and intent of the Downey Municipal Code. The subject property is
adjacent to other properties with the same zoning designation. The requested
conditional use permit will allow live entertainment in the form of disc jockeys, live
bands and musicians, and customer dancing at Hookah Hub Lounge but will not
adversely affect the purpose and intent of this chapter or the City’s General Plan
or the public convenience or general welfare of persons residing or working in the
neighborhood because the site is developed as a commercial use and the project
site, along with other uses in the Firestone Boulevard Gateway District maintains
the Mixed Use General Plan designation, which is intended to help facilitate
entertainment uses. Related to this is General Plan Program No. 1.2.2.1 which
states, “Promote the downtown area as a destination point for entertainment,
PC Agenda Page 8
Resolution No. 16-____
Downey Planning Commission
PLN-16-00114 – 8323 Firestone Blvd
August 17, 2016 5 - Page 2
dining, civic, and other activities.” Allowing a hookah lounge with live
entertainment in the Downtown Core area will encourage people to come into the
downtown and remain there.
B. That the requested use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located. The
proposed conditional use permit will not adversely affect the adjoining land uses,
with a condition limiting the hours of the proposed live entertainment, since the
proposed use conforms to its DDSP zone development standards. The proposed
live entertainment will complement the existing hookah lounge and surrounding
commercial uses and will serve the public with a use that the Downtown Downey
Specific Plan deems appropriate for the Downtown Firestone Boulevard Gateway
District.
C. That the size and shape of the site proposed for the use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular
area. The subject property is a 10,000 square foot rectangular-shaped parcel with
70 feet of frontage along Firestone Boulevard. The size and shape of the subject
property are adequate to allow the full development of the proposed use in a
manner not detrimental to the area because it is developed with a 5,530 square
foot commercial building. The proposed live entertainment activities will be
contained within an existing 2,720 square feet tenant space and it will not require
an expansion or any interior improvement of the space. Therefore, it will not
impact the existing uses or other properties in the area.
D. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area. The subject site is located within the
Downtown Firestone Boulevard Gateway District, with vehicular access being
provided from Firestone Boulevard and La Reina Avenue. Staff has reviewed the
proposal for any potential increase in traffic caused by the operation of the
business and believed that live entertainment activities during the evening hours
will not impose an undue burden upon the streets in the area. The surrounding
streets have sufficient capacity to accommodate the minimal increase in traffic
that might be generated by live entertainment.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN-16-00114,
subject to the Conditions of Approval attached hereto, which are necessary to preserve the
health, safety and general welfare of the community and enable the Planning Commission to
make the findings set forth in the previous sections. The conditions are fair and reasonable for
the accomplishment of these purposes.
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Resolution No. 16-____
Downey Planning Commission
PLN-16-00114 – 8323 Firestone Blvd
August 17, 2016 5 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of August 2016.
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the 17th day of August
2016, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 16-____
Downey Planning Commission
PLN-16-00114 – 8323 Firestone Blvd
August 17, 2016 5 - Page 4
CONDITIONS OF APPROVAL
PLN-16-00114 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN-16-00114 (CUP) allows live entertainment in the form of disc
jockeys, live bands, musicians (acoustical and amplified music), and customer dancing at
the Hookah Hub business, on property located at 8323 Firestone Blvd.
2) Dancing area shall only be located adjacent to the prep/employee area as designated on
the approved floor plan. Also, disc jockeys, live bands, and musicians shall be located
along the easterly wall of the subject tenant space, near the employer’s office.
3) The sale and/or consumption of food and alcoholic beverages within the subject building
are prohibited at all times.
4) The business owner/applicant shall keep the entrance and exit doors to the business
closed during the hours when live entertainment is permitted.
5) Live entertainment shall not be permitted before 6:00 p.m., seven (7) days a week and
shall cease by 1:30 a.m.
6) The permitted hours of operation of the business, except for live entertainment, shall be
6:00 p.m. to 2:00 a.m., seven (7) days a week.
7) The business owner/applicant is permitted to charge patrons an admission fee to enter
the business during pay-per-view sporting events. There shall be no cover charge at any
other time.
8) Customers shall not be within the business after the specified closing time.
9) The business owner/applicant and licensee shall not conduct valet parking on the subject
site without the approval of a conditional use permit from the Planning Commission.
10) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey Municipal
Code.
11) All promotions of the business shall be conducted under direct control of the business
owner. There shall be no outside promoters of live entertainment or night club activity at
any time.
12) The City Planner is authorized to make minor modifications to the approved plans or any
of the conditions if such modifications shall achieve substantially the same results as
would strict compliance with said plans and conditions.
13) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq.
In any case, noise shall not exceed 65 dBA, measured at the property line. If noise-related
problems are received and verified by the Planning Division, the owner/applicant is required
to conduct a noise study by a licensed acoustical engineer to show that the site complies
with City’s noise standards.
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Resolution No. 16-____
Downey Planning Commission
PLN-16-00114 – 8323 Firestone Blvd
August 17, 2016 5 - Page 5
14) The owner/applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant’s expense, City and City’s agents, officers and
employees from and against any claim, action or proceeding to attack, review, set aside,
void or annul the approval of this resolution, to challenge the approval of this resolution
on the basis of the California Environmental Quality Act (CEQA), or to determine the
reasonableness, legality or validity of any condition attached hereto. City shall promptly
notify Applicant of any such claim, action or proceeding to which City receives notice, and
City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse
the City for any court costs and attorney’s fees that the City may be required to pay as a
result of any such claim, action or proceeding. City may, in its sole discretion, participate
in the defense of any such claim, action or proceeding, but such participation shall not
relieve Applicant of the obligations of this condition.
15) Approval of this PLN-16-00114 (Conditional Use Permit) shall not be construed to mean
any waiver of applicable and appropriate zoning regulations, or any Federal, State,
County, and City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Downey Municipal Code shall apply.
POLICE
16) Prior to operating live entertainment, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
17) The owner/applicant shall comply with and strictly adhere to the security plan, as
approved by the Chief of Police. This shall include the owner/applicant providing a
minimum of two (2) licensed and bonded, uniformed patrolmen for security. One security
guard shall be posted at the rear entrance leading to the business, and one inside the
business monitoring the entertainment area. The number of security guards shall be
determined by the Chief of Police and may be increased or decreased as the Chief of
Police determines is necessary.
18) Signs shall be posted at all entrances to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises (including the parking lot).
19) The business owner/applicant shall take all necessary steps to ensure that no person
under the age of 21 years of age will be permitted on the premises.
20) The owner/applicant and licensee shall immediately report to the Police Department if
any patron appears to be involved in illegal activity inside the subject business or outside
in the parking lot area.
21) The owner/applicant shall not permit any loitering on the subject site.
22) A copy of this conditional use permit and any Police permit shall be prominently posted
on the premises at all times. The applicant shall make available said copies upon
request by any Police Officer or other City official charged with the enforcement of the
City’s laws, ordinances, or regulations.
23) The owner/applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
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Resolution No. 16-____
Downey Planning Commission
PLN-16-00114 – 8323 Firestone Blvd
August 17, 2016 5 - Page 6
24) The owner/applicant shall impose a dress code that shall not permit patrons to wear the
following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps worn
backwards.
FIRE
25) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
BUILDING
26) The owner/applicant shall clearly post the maximum occupancy, as determined by the
Building Official. The owner/applicant shall not permit the actual occupancy of the
building to exceed the maximum allowed.
27) The owner/applicant shall obtain all required permits and necessary inspections prior to
beginning operation of live entertainment at the subject tenant space.
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