HomeMy WebLinkAbout3. PLN-17-00054 8323 Firestone BlSTAFF REPORT
PLANNING DIVISION
DATE: MAY 16, 2018
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 “B” TO A CONDITIONAL USE PERMIT (PLN-18-00054) – A
MODIFICATION OF THE EXISTING CONDITIONAL USE PERMIT WHICH
ALLOWS A HOOKAH LOUNGE (HOOKAH HUB).
LOCATION:8323 FIRESTONE BOULEVARD
ZONING:DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
Staff is proposing to modify various conditions of the recently modified Conditional Use Permit
for the Hookah Hub Lounge. As a result of the implementation of the amended conditions of
approval, as well as a recent decision regarding a similar hookah establishment, the proposed
revision would modify the hours of operation, as well as other conditions related to the operation
of the business establishment, so as to maintain consistency between the conditions of this, and
similar establishments in the City.
Based on the analysis contained in this report, staff is recommending the Planning
Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING REVISION “B” TO A CONDITIONAL USE PERMIT (PLN-18-00054),
THEREBY MODIFYING THE CONDITIONS OF APPROVAL FOR A HOOKAH LOUNGE
(HOOKAH HUB) ON PROPERTY LOCATED AT 8323 FIRESTONE BOULEVARD AND
ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
BACKGROUND
The project site is located on the north side of Firestone Boulevard, east of Downey Avenue.
The 9,940 square foot site is improved with a multi-tenant commercial building, which includes a
tobacco store, a beauty salon, a clothing store, and the 2,720 square foot hookah lounge. The
business fronts on Firestone Boulevard, while its parking area is located at the rear (north side).
Access to the site is through a private driveway approach on Firestone Boulevard, just west of
the business. The Downtown Downey Specific Plan (DDSP) envisions the Firestone Boulevard
Gateway District as a lively, area consisting of high intensity/density development with flexible
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retail, office, and residential space. Entertainment uses such as bowling, sports bars, and
dancing may also be located in this District.
Street View – Hookah Hub
The subject site is located in the DDSP. A beauty salon and bridal shop are located to the east
of the tenant space, and a tobacco store and barber shop are located to the west of the Hookah
Hub. The Grocery Outlet Market is located to the south, across Firestone Boulevard, and the
View Apartments are located to the north, across the alley.
On August 17, 2016, the Planning Commission approved a Conditional Use Permit (original
case number PLN-16-00114), which allows live entertainment and dancing in conjunction with
the operation of an existing hookah lounge (Hookah Hub).
On November 1, 2017, as a result of on-going issues at the business, the Planning Commission
adopted Resolution No, 17-3039, approving Revision “A” to the Conditional Use Permit.
On December 7, 2017, the Planning Commission held a public hearing regarding a similar
hookah establishment with similar issues to those found at the Hookah Hub Lounge.
On April 25, 2018 Revision “B” to the Conditional Use Permit was initiated. The intent of the
initiation is to maintain consistent conditions of approval between similar businesses.
On May 3, 2018, 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
During the November 1, 2017 public hearing, several conditions of approval were amended.
Some of the more significant amendments include:
Live entertainment (no disc jockeys, live band, musicians) and dancing is prohibited;
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 (ambient music) shall be permitted between the hours of 6:00
p.m. and 11:30 a.m.
A cover charge is prohibited;
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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.
Since the November 1, 2017 Commission meeting, a public hearing was held for a similar
establishment, which was encountering similar issues. The same conditions of approval were
proposed, however, during the public hearing, the Commission amended the some of the
proposed conditions. The Police and Fire Departments did not raise any objections to the
proposed changes to the recommended and amended conditions of approval.
Therefore, in order to maintain consistency in the conditions of approval between similar
business establishments in the City, staff recommends that the following conditions of approval
of Resolution No. 17-3039 be amended or deleted as follows:
5) Non-live entertainment shall not be permitted before 6:00 p.m. and shall cease by 11:30
p.m. 1:30 a.m. or half hour prior to closing, whichever occurs first.
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.
All other conditions of approval of Resolution No. 17-3039 will be carried over into the new
resolution.
Calls-for-Service
Since the November 1, 2017 appeal, there have been a total of nine (9) calls-for-service:
Two (2) were for burglary alarms, which were discovered to be false;
One (1) call for loitering;
Two (2) calls for consuming alcohol in a parked vehicle;
One (1) call for vandalism;
One (1) call for four individuals smoking marijuana in a parked car
One (1) call for a large fight at the Hookah Hub.
During a patrol, an officer witnessed approximately 30 subjects loitering in the lot,
wearing clothing that was consistent with that worn by “Blood” street gang members.
During a search of the area where the individual was seen, a loaded/stolen handgun
was found on the ground. The subject was arrested.
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These incidents occurred prior to Police Department approving a security plan. On April 12,
2018, the Police Department approved their security plan, and since that date, there have been
no calls-for-service.
DEVELOPMENT REVIEW COMMITTEE
DRC meeting was not required for this item, however the item was discussed with the Police
Department and the City Prosecutor. Both were involved in the crafting of the amended
conditions of approval.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed revision to the existing Conditional Use Permit for compliance
with the California Environmental Quality Act (CEQA). Upon completion of this review, staff has
determined that proposed Revision “B” to the Conditional Use Permit is exempt from CEQA
pursuant to Section 15301 (Class 1, Existing Facilities), which have been determined not to
have a significant effect on the environment. Class 1 consists of projects that involve no or
negligible expansion of an existing use.
FINDINGS
Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit),
staff recommends that the Planning Commission make the following findings to approve the
modification:
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.
Revision “B” to the Conditional Use Permit, to extend the hours of operation to 2:00 a.m.,
seven days a week, as well as extending non-live entertainment to 1:30 a.m. will not
adversely affect the purpose and intent of the Downey Municipal Code, as the subject
property is adjacent to other properties with the same zoning designation. The
modification will allow the operation of a hookah lounge with non-live entertainment (no
disc jockey). Live entertainment and dancing are prohibited. Revision “B” 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 person 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 Downtown Downey Specific Plan maintains the Mixed Use General Plan
designation, which is intended to help facilitate entertainment uses. General Plan
Program No. 1.2.2.1 states, “Promote the downtown area as a destination point for
entertainment, dining, civic, and other activities.” The project is conditioned to limit noise
impacts associated with businesses and late night hours, and such a business is
required to comply with Section 9400 of the Municipal Code.
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 Revision will not adversely affect the adjoining land uses because the
project, as conditioned, will conform with the development standards of the Downtown
Downey Specific Plan. The Conditional Use Permit, while extending the hours of
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operation to 2:00 a.m. and non-live entertainment to 1:30 a.m., has been conditioned to
reduce the possible noise impacts by the business on the surrounding land uses by
eliminating live entertainment, requiring a robust security plan, and limiting customer
access to the business from the Firestone Boulevard entrance only.
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 size and shape of the site is adequate to allow the operation of the existing hookah
lounge. The rectangular shaped property measures 10,000 square feet in area, with 70
feet of frontage along Firestone Blvd. The proposed Revision will not require an
expansion of the existing tenant space and will not require any interior improvement of
the space, and will therefore 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 Downey Specific Plan, with vehicular
access being provided from Firestone Boulevard and Downey Avenue. While the hours
of operation have been extended, the business will no longer include live entertainment
and dancing, which have the potential for slightly increasing traffic. However, the
surrounding streets have sufficient capacity to accommodate the existing traffic
generated by the existing business.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Staff recommends that the Planning Commission adopt the attached resolution approving
Revision “B” to the Conditional Use Permit, which will provide consistent conditions of approval
between similar businesses in the Downtown area. Therefore, staff recommends that the
Planning Commission modify Conditional Use Permit PLN-17-00163 (Revision ‘B’ to PLN-16-
00114), as outlined in the Draft Resolution.
EXHIBITS
A. Maps
B. Draft Resolution
C. Resolution No. 17-3039
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Exhibit ‘A’ – Maps
Location Map
Aerial Photograph
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ZONING MAP
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RESOLUTION NO. 18-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING REVISION “B” TO A CONDITIONAL USE PERMIT (PLN-18-00054),
THEREBY MODIFYING THE CONDITIONS OF APPROVAL FOR A HOOKAH LOUNGE
(HOOKAH HUB) ON PROPERTY LOCATED AT 8323 FIRESTONE BOULEVARD AND
ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
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 November 1, 2017, the Planning Commission adopted Resolution No, 17-3039,
approving revisions to various conditions of approval, including a reduction in the
hours of operation; and,
C.On December 7, 2017, the Planning Commission held a public hearing regarding a
similar hookah establishment with similar issues to those found at the Hookah Hub
Lounge. During the public hearing, the same conditions of approval were
proposed, however, the Planning Commission approved a modification to those
conditions, including hours of operation from 6:00 p.m. to 2:00 a.m. seven days a
week, non-live entertainment to cease by 1:30 a.m., and deletion of a condition of
approval that prohibited a cover charge; and,
D.On April 25, 2018 Revision “B” to the Conditional Use Permit was initiated. The
intent of the initiation is to maintain consistent conditions of approval between
similar businesses; and,
E.On May 3, 2018, 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; and,
F.On, May 16, 2018 the Planning Commission held a duly noticed public hearing,
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. 15301 (Class 1, Existing Facilities), which have
been determined not to have a significant effect on the environment. Class 1 consists of projects
that involve no or negligible expansion of an existing use.
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:
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Resolution No. 18-_______
Downey Planning Commission
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A.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.
Revision “B” to the Conditional Use Permit, to extend the hours of operation to 2:00
a.m., seven days a week, as well as extending non-live entertainment to 1:30 a.m.
will not adversely affect the purpose and intent of the Downey Municipal Code, as
the subject property is adjacent to other properties with the same zoning
designation. The modification will allow the operation of a hookah lounge with non-
live entertainment (no disc jockey). Live entertainment and dancing are prohibited.
Revision “B” 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 person 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 Downtown Downey Specific Plan
maintains the Mixed Use General Plan designation, which is intended to help
facilitate entertainment uses. General Plan Program No. 1.2.2.1 states, “Promote
the downtown area as a destination point for entertainment, dining, civic, and other
activities.” The project is conditioned to limit noise impacts associated with
businesses and late night hours, and such a business is required to comply with
Section 9400 of the Municipal Code.
B.The proposed Revision will not adversely affect the adjoining land uses because
the project, as conditioned, will conform with the development standards of the
Downtown Downey Specific Plan. The Conditional Use Permit, while extending the
hours of operation to 2:00 a.m. and non-live entertainment to 1:30 a.m., has been
conditioned to reduce the possible noise impacts by the business on the
surrounding land uses by eliminating live entertainment, requiring a robust security
plan, and limiting customer access to the business from the Firestone Boulevard
entrance only.
C.The size and shape of the site is adequate to allow the operation of the existing
hookah lounge. The rectangular shaped property measures 10,000 square feet in
area, with 70 feet of frontage along Firestone Blvd. The proposed Revision will not
require an expansion of the existing tenant space and will not require any interior
improvement of the space, and will therefore not impact the existing uses or other
properties in the area.
D.The subject site is located within the Downtown Downey Specific Plan, with
vehicular access being provided from Firestone Boulevard and Downey Avenue.
While the hours of operation have been extended, the business will no longer
include live entertainment and dancing, which have the potential for slightly
increasing traffic. However, the surrounding streets have sufficient capacity to
accommodate the existing traffic generated by the existing business.
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 “B” 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
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Resolution No. 18-_______
Downey Planning Commission
8323 Firestone Blvd. – PLN-18-00054
May 16, 2018 – Page 3
PASSED, APPROVED AND ADOPTED this 16th day of May, 2018.
Patrick Owens, 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 16th day of
May, 2018, by the following vote, to wit:
AYES:COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 18-_______
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EXHIBIT – A
CONDITIONS OF APPROVAL – PLN-18-00054
REVISION “B”
PLANNING
1)The approval of Revision “B” 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.
2)Resolution No. 17-3039, which approved Revision “A” to a Conditional Use Permit (PLN-
17-00163), is hereby 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 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)Non-live entertainment shall not be permitted before 6:00 p.m. and shall cease by 1:30
a.m.
7)The permitted hours of operation of the business shall be from 6:00 p.m. to 2:00 a.m.,
seven (7) days a week.
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
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Resolution No. 18-_______
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(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.
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.
21) An affidavit of Acceptance of Conditions, as provided by the City of Downey, shall be sign,
notarized, and returned to the Planning Division within fifteen (15) days of approval. This
approval will be considered invalid until this condition has been fulfilled.
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
November 8, 2017. Should the Police Department request any additional information or
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modifications, the business owner/permittee shall submit said revisions within forty-eight
(48) hours of notification.
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 la ws,
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 Firestone Boulevard 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.
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)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
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.
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Resolution No. 18-_______
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8323 Firestone Blvd. – PLN-18-00054
May 16, 2018 – Page 7
END OF CONDITIONS
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