HomeMy WebLinkAbout1. PLN-17-00164 11029 DowneyDATE: DECEMBER 20, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: REVISION “A” TO A CONDITIONAL USE PERMIT (PLN-17-00164) – A
MODIFICATION OF THE EXISTING CONDITIONAL USE PERMIT WHICH
ALLOWS A HOOKAH LOUNGE (MOSAIK HOOKAH LOUNGE) TO
OPERATE WITH LIVE ENTERTAINMENT.
LOCATION: 11029 DOWNEY AVENUE
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
On July 18, 2012, the Planning Commission approved a Conditional Use Permit (original case
number PLN-12-00102), which allows live entertainment in conjunction with the operation of an
existing hookah lounge (Mosaik Hookah Lounge). Since the approval of the conditional use
permit, there have been a number of incidents and “calls for service” that have required a Police
Department response. Additionally, recent inspections indicate the business is operating in
violations of several conditions of approval. As such, Mosaik Hookah Lounge is operating in a
manner detrimental to the public health, safety, and welfare.
Pursuant to Downey Municipal Code Section 9828.06, the Planning Commission, upon request
of the City Planner, may revoke or modify upon majority vote upon a finding that, amongst other
grounds, (1) 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, or (2) the use is being
conducted in violation of the terms and conditions of the permit or in violation of any statute,
ordinance, law, or regulation.
The City Planner has determined that there are reasonable grounds to modify the Conditional
Use Permit and recommends that the Planning Commission adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING REVISION “A” TO A CONDITIONAL USE PERMIT (PLN-17-00164),
THEREBY MODIFYING THE CONDITIONS OF APPROVAL FOR AN EXISTING
HOOKAH LOUNGE ON PROPERTY LOCATED AT 11029 DOWNEY AVENUE AND
ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN).
PC Agenda Page 1
BACKGROUND
The project site is located on the west side of Downey Avenue, north of Second Street. The
5,786 square foot site is improved with a two tenant, 3,311 square foot building. Mosaik Hookah
Lounge occupies the south, approximately 1,500 square foot tenant space. It is located within
the Downtown Core District of the Downtown Downey Specific Plan. 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.
Street View – Mosaik Hookah Lounge
General Plan, Zoning and Existing Land Use
General Plan Zoning Existing Use
Subject Site Mixed Use DDSP Hookah Lounge
North Mixed Use DDSP Real Estate Office
South Mixed Use DDSP Hair Studio
East Mixed Use DDSP Commercial Uses
West Mixed Use DDSP Movie Theater
On July 18, 2012, the Planning Commission adopted Resolution No. 12-2777, approving a
request to allow a hookah lounge (Mosaik Hookah Lounge) with live entertainment on property
located 11029 Downey Avenue.
On September 21, 2017, representatives from the Police, Fire, Planning, and the City’s
Prosecutor’s Office, met with the business owner, Mr. Adnan Saab to go over recent incidents
that have taken place in Mosaik Hookah Lounge, or as a result of the operation of Mosaik
Hookah Lounge. The meeting also included a new site inspection of the business in the
presence of the business operator; at which time, staff found additional evidence that the
business was operating in violation of its Conditions of Approval. The Fire Department also
found numerous Fire and Building Code violations.
PC Agenda Page 2
On October 23, 2017, staff mailed the business owner notice informing him that the City of
Downey initiated the process of modifying the existing Conditional Use Permit.
On November 16, 2017, representatives from the Fire, Building and Planning Departments
conducted a site inspection of the business in the presence of the business operator, at which
time, staff found that the business operator still had not complied with all of the outstanding
issues brought up during the September 21, 2017 meeting.
On December 7, 2017, staff mailed notice of the pending public hearing to all property owners
within 500 feet of the subject site and the notice was also published in the Downey Patriot.
DISCUSSION
With permission, and in the presence of the business owner, staff members from the Police,
Fire, Planning Departments, conducted an inspection at the business. Staff confirmed numerous
violations of the conditions of the CUP, as well as Fire and Building Code violations.
The full Police Department analysis is attached hereto, but some of the incidents include:
1. On Friday, November 18, 2016, at approximately 1:57 a.m., Downey Police Department
responded to the rear of Mosaik Hookah Lounge and arrested a suspect for being under
the influence of an intoxicating substance while in public.
2. On Sunday, November 20, 2016, at approximately 2:44 a.m., while conducting routine
patrol in the downtown area, a Downey Police Officer observed a male suspect in front
of the Mosaik Hookah Lounge without a shirt and yelling at an unknown subject.
According to the manager for the Mosaik Hookah Lounge, the suspect had been waiting
in line to enter the business establishment and after the suspect got aggressive and
verbally argumentative with the manager, the manager told the suspect that he would
not be allowed to enter the establishment. At that time, the suspect removed his shirt
and challenged somebody to a fight. The suspect was subsequently arrested for a
violation of PC §415(1) (“Challenge a Person to a Fight in Public”).
3. On Sunday, December 4, 2016, at approximately 12:45 a.m., several citizens flagged
down a Downey Police Officer patrolling the downtown area regarding a suspect that
was inside of the Mosaik Hookah Lounge apparently under the influence and causing a
disturbance attempting to fight other patrons. The suspect was escorted out of the
business establishment by security, at which time the Police Department arrested him
for being under the influence of an intoxicating substance while in public. A subsequent
search found the subject in possession of cocaine.
4. On Sunday, January 22, 2017, at approximately 2:14 a.m., Downey Police Department
was dispatched to the front of the Mosaik Hookah Lounge to assist a female who alleged
that she had been assaulted by her husband. While the Police Officer attended to the
injured female, a male attempted to remove the Officer’s handgun from its holster. After
failing to do so, the male staggered into the line for entry into the Mosaik Hookah
Lounge. The Police Officer also noticed the male had blood shot and watery eyes and
the odor of alcohol emanating from his breath.
5. On Saturday, March 11, 2017, at approximately 2:15 a.m., Downey Police Department
was conducting routine patrol and observed suspects consuming alcoholic beverages
PC Agenda Page 3
while sitting on a curb directly in front of the Mosaik Hookah Lounge, as well as while
they were in line to enter the Mosaik Hookah Lounge. In addition to the open containers
of alcoholic beverages being consumed by the suspects, Police Officers also observed
that one of the suspects had 2 additional closed containers of beer.
6. On Sunday, March 26, 2017, at approximately 3:03 a.m., Downey Police Department
responded to the Mosaik Hookah Lounge regarding a potential assault. The suspect
stated that she had returned to the Mosaik Hookah Lounge on March 26th because she
believed she had left her wallet at the location on Saturday night (a few hours earlier).
She further stated that Security refused to provide her access into the location, at which
time the victim involved himself in the argument between Security and the suspect and
quickly approached the suspect. The suspect stated that she was scared of the victim
and sprayed him with pepper spray. The victim stated that he involved himself in the
argument because he is a friend of the owner of the Mosaik Hookah Lounge and an off-
duty police officer.
7. On Friday, August 26, 2017, at approximately 12:00 a.m., a male was waiting at the front
of Mosaik Hookah Lounge for his friends to come out of the Hookah Lounge, where the
male heard two other males arguing with Hookah Lounge security – whom he believes
subsequently struck him in the head with an unknown blunt instrument (possibly a
bottle). The male was knocked unconscious, and, upon regaining consciousness was
treated at a local hospital.
8. On or about Saturday, September 10, 2017, at approximately 2:47 a.m., Downey Police
Department responded to the Mosaik Hookah Lounge in regards to a stabbing. The male
victim reported that he had been waiting in line for approximately 1 hour to enter the
Mosaik Hookah Lounge. Upon being told that he would have to wait another hour before
entering, the victim became irate with a security guard for the Hookah Lounge. The
victim reported that the security guard brandished a folding knife measuring between 5
to 7 inches. A fight between the victim and the security guard ensued, and several other
security guards subsequently joined the fray. Once the fight was over, the victim realized
that he had been stabbed in the back 2 times by the security guard. Downey Police
Department subsequently arrested a security guard at Mosaik Hookah Lounge that
matched the description provided by the victim, and the security guard admitted to being
in a fight with the victim.
In addition to the significant incidents listed above, there have also been a number of “calls for
service”, which range from arguments, yelling, fighting, theft, and drinking in public. A total of 18
“calls for service” have been made since November 13, 2016, which required a Police
Department response. A majority of these incidents take place after midnight.
During the September 21st, 2017 meeting and inspection of the subject site, staff found the
business was operating in violation of the following conditions of approval (Resolution No. 12-
2777):
3) The City Planner is authorized to make minor modifications to the approved
preliminary plans or any of the conditions if such modifications shall achieve
substantially the same results as would strict compliance with said plans and
conditions.
PC Agenda Page 4
The floor plan has been modified without City Planner review and approval. The
seating was modified from seven individual seating areas to continuous bench seating
along the north and south sides of the restaurant with four-person tables.
5) Hours of operation for the live disc jockey shall be limited to 9:00 p.m. to 1:30
a.m. Sunday through Wednesday and 9:00 p.m. to 2:00 a.m. Thursday through
Saturday. Live entertainment shall be limited to not more than one disc jockey
playing at a given time and shall not include a dance floor, the disc jockey music
shall be for purposes of ambient music only.
Based on staff’s site inspection, the actual hours of operation for the live disc jockey
are:
• Sunday: 10:00 p.m. – 2:00 a.m.
• Thursday – Saturday: 10:00 p.m. – 2:00 a.m.
• Monday – Wednesday: No D.J.
In a review of social media posts, dancing was also taking place at the establishment,
which is prohibited.
15) A copy of the Conditional Use Permit and 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.
Copies of either the Conditional Use Permit or Police Permit were not prominently
displayed or on file at the business.
16) The applicant shall provide licensed and bonded, uniformed patrolmen or
security guards at such times as determined by the Chief of Police. 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 necessary.
A security plan has not been submitted for review and approval by the Chief of Police.
In addition, the business operator indicated that security guards do not wear uniforms
that clearly identify them as security for patrons and other persons in need of
assistance. The business owner has submitted a draft security plan to the Police
Department for review. On November 22, 2017, the Police Department requested
additional information. As of the writing of this report, those revisions have not yet
been submitted.
17) 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).
No signs posted.
It should be noted that after midnight, there is often a queue on Downey Avenue to enter the
Mosaik Hookah Lounge that exceeds a one hour wait. Many of the patrons are customers of
local alcohol establishments – which results in intoxicated persons congregating on Downey
Avenue between the hours of midnight and 4 a.m. The Police Department regularly responds to
PC Agenda Page 5
the subject property and the adjacent area as a result of persons who are intoxicated and/or
consuming alcohol in public, as well as for persons who urinate in public (and often on the walls
of neighboring businesses and on the sidewalk), litter, or are otherwise disturbing the peace.
During the September 21st inspection of the business, the Fire Department noted numerous
conditions that present a potential risk to the health, safety, and welfare of patrons of the which
include, but are not limited to the following:
• The west door, which leads to the back parking lot, was partially obstructed and did not
provide free and clear egress in the case of an emergency. Poor lighting on the interior
of the site and lack of required functioning exit signs exacerbated this situation.
• Security guards that are used at the site do not wear a uniform that clearly identifies
them as security for patrons or other persons in need of assistance.
• Lack of portable fire extinguishers, including blocked access to fire extinguishers;
• Lack of proper storage and management of hot ashes, and charcoal briquettes;
• Lack of approved ventilation;
• Overloaded electrical outlets, use of multi-plug adapters, and use of extension cords for
permanent wiring throughout occupancy;
• Illegal interior construction does not comply with code requirements for flame spread and
smoke development; combustible decorative materials on walls;
The business owner has been notified of the Building and Fire Code violations (Notice of
Violation, dated September 26, 2017) and had until November 1, 2017 to correct the violations.
The business owner requested an extension of the deadline, and on Thursday, November 16,
2017, representatives from the Fire, Building, and Planning Departments met with the business
owner at the Mosaik Hookah Lounge to review the recent changes made by the business
owner. The applicant complied with two outstanding conditions of approval, including:
• Police Permit on display or on file. The Conditional Use Permit was on file, but must also
be displayed similarly to the Police Permit;
• Signs have been posted at the business entrance identifying a zero-tolerance policy for
nuisance behavior.
• Business now complies with the required hours of operation;
On November 20, 2017, the business owner submitted a revised floor plan to the Planning
Department however the floor plan lacked the details necessary for adequate review. On the
same day, staff informed the business owner that a revised plan with additional details was
required.
In addition, the business owner has been in contact with the Police Department regarding the
required security plan. On November 22, 2017, the Police Department informed the business
owner that the submitted security plan lacked the following information:
• Description and photos of security uniforms;
PC Agenda Page 6
• Schematic of official layout of premises and security posts (must be consistent with
layout you provided the Planning Department);
• Procedures for checking customers as they enter premises and procedure of how you
determine if police will be called for incident;
• Description of dress code (posted at entrance);
• CCTV (surveillance) procedures and enough storage to record 10 days’ worth of
footage. Someone on premises at all times to access footage if police need recording;
• Photos of your posted “No Loitering” and “Zero tolerance for nuisance activity.” Should
be posted at both entries and exits of premises.
As of the writing of this report, the Police Department has not yet approved the security plan.
Based on the November 16, 2017 site inspection, the Fire Department issued a second Notice
of Violation (attached and dated November 28, 2017), which lists the items that have been
adequately addressed, and the remaining outstanding violations. The business owner has until
January 4, 2018 to comply with the Fire Department’s list of corrections.
In the apparent regular course of business, the operator of the Mosaik Hookah Lounge has
been in violation of a number of conditions of approval. Additionally, the business operator has
allowed dangerous conditions to exist at the site in violation of the Downey Building and Fire
Codes.
The business owner indicated that Mosaik Hookah Lounge caters to patrons 18 years of age
and over. He indicated that they only serve herbal shisha (a non-tobacco product), however,
upon inspection of the site, it was found that the business operator was serving both tobacco
and non-tobacco shisha. In addition, during the site inspection, it was found that the business
owner was selling food and beverages for consumption on-site.
California Labor Code §6404.5 prohibits smoking in places of employment with few exceptions.
One of those exceptions is within “private smokers’ lounges” – which include hookah lounges.
However, according to the Attorney General Opinion 09-507, in order to be exempt from the
workplace smoking prohibition, a smokers’ lounge must, amongst other requirements, be
dedicated and wholly committed to the use of tobacco products – to the complete exclusion of
other activities. In order to be exempt from the workplace smoking restrictions set forth in the
California Labor Code, a private smokers’ lounge (which would include a bone-fide “hookah
lounge”) cannot sell or allow for the consumption of ANY food or beverage (alcoholic or
otherwise) therein - as it would no longer be “dedicated” or wholly committed to the use of
tobacco products.
During the November 16, 2017 meeting, the business operator was informed that food and
beverages may not be served. On December 6, 2017, with the business owner present,
Planning staff conducted a follow up inspection of the business and confirmed that the ice
cream freezer was removed, and the Resolution for the existing conditional use permit was
posted. The business owner indicated that he was in the process of submitting a revised floor
plan to the City Planner for review and approval.
The business owner also indicated that he would like to continue selling soft drinks. The current
conditions of approval do not prohibit the sale of food or beverages, however, as indicated
above, the sale and consumption of food and beverages is prohibited by California Labor Code
PC Agenda Page 7
§6404.5. However, based on the Planning Commission’s recent condition of approval for a
similar hookah lounge, Staff has recommended a condition of approval that allows the sale of
water and soft drinks in association with the operation of a hookah lounge.
It is staff’s opinion adding live entertainment to the hookah business has allowed them to
operate as a de facto nightclub, rather than as a private smokers lounge. In addition, the sale
and consumption of food and beverages would bring the business out of compliance with
California Labor Code §6404.5. Mosaik Hookah Lounge is no longer “dedicated and committed
to the sale and use of tobacco products” and should no longer be permitted to maintain live
entertainment or to sell food and beverages, with the exception of water and soft drinks.
The California Penal Code §308(a)(1)(A)(i) makes it a misdemeanor for anyone to sell or furnish
any tobacco or instrument or paraphernalia designed for the smoking of tobacco to any person
under 21 years of age (unless the person is in an active duty military personnel who is 18 years
of age or older). Even if a hookah pipe is used to smoke non-tobacco products (e.g. herbal
shisha), it is still considered tobacco paraphernalia designed for smoking tobacco, and therefore
cannot be sold to or given to anyone under the age of 21 for any type of use.
Given that Mosaik Hookah Lounge must be wholly committed and dedicated to the smoking of
tobacco products and in light of the fact that State law prohibits the sale or provision of tobacco
and tobacco paraphernalia to persons under 21 years of age, Staff recommends that the
Conditional Use Permit be modified to limit entry to those that are 21 years of age or older.
During the November 16, 2017 site inspection, the business owner indicated that he no longer
allows anyone under the age of 21 to enter the premises.
Based on the current business operations and the resulting public safety incidents outlined in
this report, Staff believes that the operation of the business under the current conditions of
approval is detrimental to the public health, safety and welfare. Most concerning is the time of
the incidents, which mostly occur after midnight, along with the operation of the establishment
with live entertainment (which is heavily promoted and likely a contributing factor to much of the
nuisance activities at the site). As such, staff feels it is appropriate to modify the conditions of
approval in order to reduce the magnitude and number of incidents impacting the neighboring
properties, and the community as a whole. Furthermore, failure to comply can result in the
Planning Commission revoking the Conditional Use Permit and closing the business.
Staff is recommending that the following condition be revised or deleted:
1) The approval of this conditional use permit (PLN-12-00102) authorizes the operation of a
hookah lounge with live entertainment in the form of a disc jockey only, at 11029 Downey
Avenue in Downey.
The approval of Revision “A” to a Conditional Use Permit (PLN-17-00164) 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 Mosaik Hookah Lounge business,
on property located at 11029 Downey Avenue. 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.
4) No aspect of the approval of this conditional use permit shall be interpreted to mean to
allow any other type of live entertainment (i.e. karaoke, live bands, dance floor, etc.).
PC Agenda Page 8
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.
5) Hours of operation for the live disc jockey shall be limited to 9:00 p.m. to 1:30 a.m. Sunday
through Wednesday and 9:00 p.m. to 2:00 a.m. Thursday through Saturday. Live
entertainment shall be limited to not more than one disc jockey playing at a given time and
shall not include a dance floor; the disc jockey music shall be for purposes of ambient
music only.
9) The owner/applicant shall not permit any loitering on the subject site.
The 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 Downey Avenue for entry into the business establishment in a
manner approved by the Planning Division and/or Police Department.
11) 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.
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.
12) The applicant shall obtain a Police Permit prior to commencement of live entertainment
activities.
13) The owner/applicant shall keep the rear (west) door closed during business and live
entertainment hours.
Customer access to the business shall take place from the front entrance, off Downey
Avenue only. The rear access shall be used as an emergency exit only, and for employees
to conduct normal business operations associated with the business.
14) 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 that are
worn backwards. 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 that are worn backwards. A sign shall be posted at the entrance stating the
dress code.
15) A copy of the Conditional Use Permit and 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.
PC Agenda Page 9
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.
16) The applicant shall provide licensed and bonded, uniformed patrolmen or security guards
at such times as determined by the Chief of Police. 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.
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
December 27, 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.
In addition to the modified conditions, staff recommends that the following condition be added;
• 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.
• 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.
• Non-live entertainment shall not be permitted before 6:00 pm and shall cease by 11:30
pm.
• The sale and/or consumption of food and beverages, other than water and soft drinks,
within the subject building is prohibited at all times.
• The business owner shall ensure that the property and all areas within at least 100 feet
of the hookah lounge – including adjacent parking area – are free of any waste or litter
generated by the hookah lounge or its patrons, by 1:00 a.m. the morning following each
night of operations.
• Customers shall not be within the business after the specified closing time.
• 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.
PC Agenda Page 10
• Customer queuing at the Downey Avenue 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.
• 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), 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.
• 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 its control shall include the parking lot to the west of the
business and sidewalk in front of the business.
• During all hours of operation, the business owner shall maintain a count of the number of
patrons within the business at any given time, so as not to exceed the maximum
occupancy.
• The business owner 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.
• 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.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee met on October 5, 2017 to discuss the operation of
Mosaik Hookah Lounge. Representatives from the Police, Fire, Building, Planning, and City
Prosecutor’s Office met to discuss the meeting with the business owner and on-site inspection
of the business on September 21, 2017. Based on the number of violations found at the
business by the Fire, Police and Planning Departments, as well as the number of incidents
reported to the Police Department, staff felt that there was sufficient evidence to begin the
process to modify the existing conditional use permit.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use in compliance with the California Environmental Quality
Act (CEQA) Guidelines and determined that it is categorically exempt from CEQA, pursuant to
PC Agenda Page 11
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.
FINDINGS
Municipal Code Section 9828.06(c) sets forth six potential findings that the Planning
Commission could make in order to modify or revoke a Conditional Use Permit. The Planning
Commission is only required to make any one of the six findings in order to take action. Staff is
of the opinion that the following two findings can be made in a positive manner, justifying the
modification:
1. 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 Mosaik Hookah Lounge,
particularly post-midnight. There have also been incidents involving criminal activities
which include: fights, thefts, narcotics, and assault with a deadly weapon. For these
reasons, the modification of 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.
2. 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 Mosaik Hookah Lounge 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. 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
Mosaik Hookah Lounge from being deemed a private smokers’ lounge – whereby the
Mosaik Hookah Lounge would be violating the State workplace smoking prohibition.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
PC Agenda Page 12
CONCLUSION
Due to the numerous complaints and criminal incidents associated with the Mosaik Hookah
Lounge, the hours of operation should be curtailed, and live entertainment should be
discontinued, and certain conditions of approval should be modified. Reasonable grounds exist
to modify the Conditional Use Permit, pursuant to Section 9828 of the Downey Municipal Code,
because the use is being operated in a manner that is detrimental to the public health, safety,
welfare, and public convenience, is a public nuisance, and the use is being conducted in
violation to the terms and conditions of the conditional use permit. It is staff’s opinion that by
modifying the conditions of approval, many of the complaints associated with the Mosaik
Hookah Lounge business will be reduced. Therefore, staff recommends that the Planning
Commission modify the Conditional Use Permit (PLN-17-00164), as outlined in the Draft
Resolution.
EXHIBITS
A. Maps – Area, Aerial, and Zoning
B. Draft Resolution
C. Police Department Memorandum – November 1, 2017
D. Police Department Calls for Service
E. Fire Department Notice of Violation
F. Fire Department – 2nd Notice of Violation
G. Attorney General Opinion 09-507
H. July 18, 2012 Planning Commission Staff Report and Resolution No. 16-2777
I. Approved Floor Plan
J. Photos and Social Media
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Exhibit ‘A’ – Maps
Location Map
Aerial Photograph
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ZONING MAP
PC Agenda Page 15
RESOLUTION NO . 17-_____
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 (MOSAIK HOOKAH LOUNGE) ON PROPERTY LOCATED AT
11029 DOWNEY AVENUE AND ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC
PLAN – DOWNTOWN CORE 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 July 18, 2012, the Planning Commission adopted Resolution No. 12-2777,
approving a request to allow a hookah lounge (Mosaik Hookah Lounge) with live
entertainment on property located 11029 Downey Avenue; and,
B. From November 13, 2016 to September 10, 2017, numerous “calls for service”
have been made at the Mosaik Hookah Lounge, and serious incidents have
occurred in and around the business, which have resulted in criminal activities, and
an increase in Downey Police Department patrols in the area. This incidences
include alcohol, disturbance, loud noises, fights, theft inside and in the parking lot
area of the Mosaik Hookah Lounge; and,
C. On September 21, 2017, representatives from the Police, Fire, Planning, and the
City’s Prosecutor’s Office, met with the business owner, Mr. Adnan Saab to go
over recent incidents that have taken place at Mosaik Hookah Lounge, or in close
proximity to the Mosaik Hookah Lounge. The meeting also included a new site
inspection of the business in the presence of the business operator; at which time,
staff found additional evidence that the business was operating in violation of its
Conditions of Approval. The Fire Department also found numerous Fire and
Building Code violations; and,
D. On October 23, 2017, staff mailed the business owner a notice informing him that
the City of Downey initiated the process of modifying the existing conditional use
permit.
E. On December 7, 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,
F. The Planning Commission held a duly noticed public hearing on December 20,
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
PC Agenda Page 16
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 Mosaik Hookah Lounge, particularly post-midnight. There have also been
incidents involving criminal activities which include: fights, thefts, narcotics, and assault
with a deadly weapon. For these reasons, the modification of 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 approved
conditional use permit, in that during the apparent regular course of business, the
operator of the Mosaik Hookah Lounge 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. 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 Mosaik
Hookah Lounge from being deemed a private smokers’ lounge – whereby the Mosaik
Hookah Lounge 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
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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SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of December, 2017.
Jim Rodriguez, 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 20th day of
December, 2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 18
EXHIBIT – A
CONDITIONS OF APPROVAL – PLN-17-00164
PLANNING
1) The approval of Revision “A” to a Conditional Use Permit (PLN-17-00164) 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 Mosaik Hookah Lounge, on
property located at 11029 Downey Avenue. 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) Resolution No. 12-2777, which approved Conditional Use Permit PLN-12-00102, shall be
deemed null and void.
3) 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 from the Police
Department for such activity.
4) The sale and/or consumption of food and beverages, other than water and soft drinks,
within the subject building is prohibited at all times.
5) The business owner/applicant shall keep the entrance and exit doors to the business
closed.
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) Non-live entertainment shall cease by 11:30 pm.
8) 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.
9) Customers shall not be within the business after the specified closing time.
10) 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.
11) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey Municipal
Code.
12) 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.
13) 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.
14) 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.
15) 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
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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 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.
16) 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.
17) 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.
18) 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.
19) Customer queuing at the Downey Avenue 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.
20) The preparation and storage room shall be used for preparation and 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”.
21) Customer access to the business shall take place from the front entrance off Downey
Avenue only. The rear access shall be used as an emergency exit only, and for employees
to conduct normal business operations associated with the business.
POLICE
22) 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.
23) 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
December 27, 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.
PC Agenda Page 20
24) 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
loitering”. No patrons or employees shall be allowed to congregate at the rear of the
business.
25) 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.
26) 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.
27) 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.
28) 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 Downey Avenue for entry into the business
establishment in a manner approved by the Planning Division and/or Police Department.
29) 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. A sign shall be posted at the entrance stating the dress code.
30) During all hours of operation, the business owner shall maintain a count of the number of
patrons within the business at any given time.
31) 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.
32) The business owner 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
33) The business owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC
fire extinguishers to the satisfaction of the Fire Department.
BUILDING
34) 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.
35) 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
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