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HomeMy WebLinkAboutPC Resolution 17-3039RESOLUTION NO. 17-3039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING REVISION "A" TO A CONDITIONAL USE PERMIT (PLN -17-00163), THEREBY MODIFYING THE CONDITIONS OF APPROVAL FOR AN EXISTING HOOKAH LOUNGE (HOOKAH HUB) ON PROPERTY LOCATED AT 8323 FIRESTONE BOULEVARD AND 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. On August 17, 2016, the Planning Commission adopted Resolution No. 12-2990, thereby approving a Conditional Use Permit to allow a hookah lounge (Hookah Hub) with live entertainment and dancing to operate on property located 8323 Firestone Boulevard; and, B. On February 15, 2017 the six-month review for the Conditional Use Permit No was presented to the Planning Commission for review. At that time, there were five (5) "calls for service", of which four (4) were noise related and one (1) was because due to the owner hosting a private event with bottle service. In the Police Department's opinion, these five (5) "calls for service" were not considered excessive during a six-month period; however, they did recommend that the business owner increase security and regularly monitor the rear parking lot during business hours; and, C. From October 23, 2016 to October 21, 2017, the Police Department has received several "calls for service" regarding the Hookah Hub, and serious incidents have occurred in and around the Hookah Hub business, which have resulted in criminal activities, and an increase in Downey Police Department patrols in the area. These incidences --consumption of alcohol, loud noises, fights, and theft, have taken place inside and in the parking lot area of the Hookah Hub; and, D. On September 16, 2017, the Downey Police Department conducted an inspection of the hookah business and found that the business was operating in violation of several conditions of approval, including modifications to the floor plan, the sale and consumption of food on the premises and other violations of the previously approved conditions of approval; and, E. On September 20, 2017, representatives from the Police, Fire, Planning, and the City's Prosecutor's Office, met with the business owner, Mr. Emad Hanna to go over recent incidents that have taken place at the Hookah Hub, or in relation to the Hookah Hub, as well as the September 16, 2017 Police Department inspection. The meeting also included a site inspection of the business, whereby staff found that the business was operating in violation of the approved conditions of approval. The Fire Department also found numerous Fire Code violations; and, F. The City Planner determined that the numerous complaints and criminal incidents associated with the Hookah Hub business, are reasonable grounds to modify the conditional use permit, pursuant to Section 9828 of the Downey Municipal Code, and, Resolution No. 17-3039 Downey Planning Commission G. On October 19, 2017, notice of the pending public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Downey Patriot; and, H. The Planning Commission held a duly noticed public hearing on November 1, 2017, and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted this Resolution modifying the Conditional Use Permit. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed modification has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15321 (Class 21, Enforcement of Actions by Regulatory Agencies). Categorical Exemptions are projects which have been exempted from the requirements of the CEQA because they do not have a significant effect on the environment. 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. The use is being operated in a manner that is detrimental to the public health, safety, welfare, and public convenience or is a public nuisance. Based the information provided, the business operator has operated the business in a manner that is detrimental to the public health, safety, and welfare of the patrons and the general public. The business is being operated in violation of numerous conditions of approval, and the Police Department has received several complaints regarding the noise associated with patrons leaving and entering the Hookah Hub, particularly post -midnight. There have also been incidents involving criminal activities which include: aggravated robbery, multiple assaults, thefts, and assault with a deadly weapon. For these reasons, the Modification to the Conditions of Approval is necessary to prevent further impacts to the public health, safety, welfare, and public convenience and stop the business from being a public nuisance. B. The use is being conducted in violation of the terms and conditions of the permit or variance or in violation of any statute, ordinance, law, or regulation. The use is being conducted in violation of the terms and conditions of the approved conditional use permit, in that during the apparent regular course of business, the operator of the Hookah Hub has (i) failed to immediately report illegal activity occurring at the site; (ii) failed to provide adequate security personnel and services; (iii) prepared food at the site and allowed consumption of food at the site; (iv) charged cover charges when no pay-per-view sporting event was being presented at the site; and (v) allowed outside promoters to host events at the establishment. Additionally, the business operator has allowed dangerous conditions to exist at the site in violation of the Downey Building and Fire Codes. Furthermore, the allowance of live entertainment (including dancing by patrons), the sale and/or consumption of food and beverages at the site, and the admittance of persons under 21 years of age potentially prevent the Hookah Hub from being deemed a private smokers' lounge — whereby the Hookah Hub would be violating the State workplace smoking prohibition. SECTION 4. Based upon the findings set forth in Sections 1 and 3 of this Resolution, the Planning Commission of the City of Downey hereby approves Revision "A" to the Conditional Use Permit, subject to the Conditions of Approval attached hereto as Exhibit A — Conditions, which are PLN 17-00163 (Modify CUP) — 8323 Firestone Blvd. November 2, 2017 — Page 2 Resolution No. 17-3039 Downey Planning Commission 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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18t day of November, 2017. Rodriguez, q0irman 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 1" day of November, 2017, by the following vote, to wit: AYES: COMMISSIONERS: Rodriguez, Owens, Dominguez, and Duarte NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Flores Mary Cav nagh, Secretary ` City Planning Commission PLN 17-00163 (Modify CUP) — 8323 Firestone Blvd. November 2, 2017 — Page 3 Resolution No. 17-3039 Downey Planning Commission EXHIBIT — A CONDITIONS OF APPROVAL — PLN -17-00163 PLANNING 1) The approval of Revision "A" to a Conditional Use Permit (PLN -17-00163) allows the operation of a hookah lounge with non -live entertainment only in the form of pre-recorded, ambient music (without the use of a disc jockey) at the Hookah Hub business, on property located at 8323 Firestone Boulevard. The Planning Commission shall review Revision "A" to the Conditional Use Permit six (6) months after a final administrative decision regarding this modification of conditions. 2) Live entertainment (including disc jockeys, musicians, and dancing) shall be prohibited. Non -live entertainment in the form of pre-recorded, ambient music (without the use of a disc jockey) shall be authorized subject to an entertainment permit for such activity. 3) The sale and/or consumption of food and beverages, other than water and soft drinks, within the subject building is prohibited at all times. 4) The business owner/applicant shall keep the entrance and exit doors to the business closed. 5) Non -live entertainment shall not be permitted before 6:00 pm and shall cease by 11:30 pm. 6) The permitted hours of operation of the business shall be from 6:00 p.m. to 12:00 a.m., seven (7) days a week. 7) The business owner/applicant shall not assess any admittance fee, cover charge, or any other required charge or minimum payment as a condition of entry. 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) The business shall comply with the City of Downey's noise ordinance, but in any case, no greater than 65 dBA as measured at the property line. Upon receiving complaints regarding noise levels, the Director of Community Development may order the preparation of a noise study. The cost of said noise study shall be paid by the business owner. All mitigation measures identified in the noise study shall be implemented and become part of this Conditional Use Permit and shall have the force of conditions of approval. 14) The business owner/applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at business owner/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), PLN 17-00163 (Modify CUP) — 8323 Firestone Blvd. November 2, 2017 — Page 4 Resolution No. 17-3039 Downey Planning Commission or to determine the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify business owner/applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with business owner/applicant in the defense thereof. The business owner/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 the business owner/applicant of the obligations of this condition. 15) Approval of this 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. 16) The business owner shall ensure that the property and all areas within at least 100 feet of the hookah lounge are free of any waste or litter generated by the hookah lounge, by 1:00 a.m. the morning following each night of operations. 17) The business owner shall be responsible for ensuring the subject property is free of graffiti. Should graffiti be applied, the business owner/applicant shall remove the graffiti within 24 hours. 18) Customer queuing at the Firestone Boulevard entrance shall be kept against the building and shall not block accessibility on the public sidewalk. The use of a temporary queue line—rope is permitted, subject to the approval of the Planning Division and Police Department. 19) The two northernmost rooms of the business shall be used for storage purposes only, subject to submission and approval by the City Planner of a current floor/site plan. A sign shall be posted at the entrance of the hallway that states "employees only". 20) Customer access to the business shall take place from the front entrance, off Firestone Boulevard. The rear access shall be used as an emergency exit only, and for employees to conduct normal business operations. POLICE 21) Live entertainment (including disc jockeys, musicians, and dancing) shall be prohibited. The business owner/applicant shall obtain and adhere to any and all required Police Department permits for this Conditional use Permit. 22) During all hours of operation, the business owner/applicant shall comply with and strictly adhere to the security plan, as approved by the Chief of Police. This shall include the business owner/applicant providing a minimum of two (2) licensed and bonded, uniformed patrolmen for security. One security guard shall be posted at the rear exit of the business to direct customers to the front entrance and to prevent loitering and illegal and suspicious activity in the parking 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. The initial security plan shall be submitted to the Police Department by November 8, 2017. Should the Police Department request any additional information or modifications, the business owner/permittee shall submit said revisions within forty-eight (48) hours of notification. 23) 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) and "no PLN 17-00163 (Modify CUP) — 8323 Firestone Blvd. November 2, 2017 — Page 5 Resolution No. 17-3039 Downey Planning Commission loitering". No patrons or employees shall be allowed to congregate at the rear of the business. 24) No person below the age of 21 years shall be permitted entry into the business establishment, and the business operator shall institute an age verification process as approved by the Downey Police Department as part of a security plan. 25) The business 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. 26) A copy of this conditional use permit and approved security plan must be maintained on the premises. All Police Department permits shall be prominently posted on the premises at all times. The business owner/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. 27) The business owner/applicant shall prohibit loitering by persons outside the business establishment — including within the parking area and upon the adjacent right-of-way, except for those persons in queue along Firestone Boulevard for entry into the business establishment in a manner approved by the Planning Division and/or Police Department. 28) The business 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. 29) During all hours of operation, the business owner shall maintain a count of the number of patrons within the business at any given time. 30) The business owner shall not permit any public nuisance within areas under his control, including but not limited to, unruly behavior by patrons, or any interactions with passersby. Areas under his control shall mean the parking lot to the north of the business and sidewalk in front of the business. 31) Permittee shall consent to and provide access to all areas of the subject premises without charge during normal business hours to any Police Department or other City Official for purposes of verifying compliance with any of the Conditions of Approval of this CUP, as well as with any Police Permit and approved Security Plan. FIRE 32) The business owner/applicant shall provide emergency lighting, exit signs, and 2A-1 OBC fire extinguishers to the satisfaction of the Fire Department. BUILDING 33) The business owner/applicant shall clearly post the maximum occupancy, as determined by the Building Official. The business owner/applicant shall not permit the actual occupancy of the building to exceed the maximum allowed. 34) The business owner/applicant shall obtain all required permits and necessary inspections prior to beginning operation of live entertainment at the subject tenant space. END OF CONDITIONS PLN 17-00163 (Modify CUP) — 8323 Firestone Blvd November 2, 2017 — Page 6