HomeMy WebLinkAbout4. Resolution of denial PLN-18-00054STAFF REPORT
PLANNING DIVISION
DATE: JUNE 6, 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: ADOPTION OF RESOLUTION RECOMMENDING DENIAL OF
REVISION “B” TO A CONDITIONAL USE PERMIT (PLN-18-00054)
LOCATION: 8323 FIRESTONE BLVD.
ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
The Planning Commission conducted a public hearing on a proposed Revision to a Conditional
Use Permit. After accepting all written and oral testimony, the Planning commission voted 4-0-
1, with Commissioner Flores being absent, to deny the request. As such, staff has prepared the
following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY DENYING REVISION “B” TO A CONDITIONAL USE PERMIT (PLN-
18-00054), ON PROPERTY LOCATED AT 8323 FIRESTONE BOULEVARD
AND ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
DISCUSSION
On May 16, 2018, the Planning Commission conducted a duly noticed public hearing of the
aforementioned project. During the deliberation portion of the meeting, the Commission
expressed concerns regarding the number of incidents that have occurred in and around the
Hookah Hub Lounge since the November 1, 2017 Planning Commission meeting. The
Commission voted against the proposed modification due the number and the egregious nature
of those of calls-for-service, since November 1, 2017. In addition, the applicant has not operated
the business in compliance with the approved conditions of approval, specifically, changing the
security plan without prior approval of the Downey Police Department. Lastly, because the
current security plan was not approved until April 12, 2018, there has been insufficient time
needed to allow the business to operate under the current security plan and the conditions of
approval of Resolution No. 17-3039, without additional incidents.
8323 Firestone Blvd – PLN-18-00054
June 6, 2018 - Page 2
Since the Planning Commission could not make the finding below in a positive manner, the
project shall be denied based on the following:
1. That the requested Conditional Use Permit will not adversely affect the intent and
purpose of this article or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
Revision “B” to the Conditional Use Permit to amend the conditions of approval, which
include extending the hours of operation to 2:00 a.m., seven days a week, will be
detrimental to the public health, safety and general welfare of persons residing or
working in the neighborhood. Since the previous modification, which reduced the hours
of operation, the magnitude and the number of incidents that have occurred in and
around the hookah lounge have not been reduced or eliminated. The business has also
remained non-compliant with respect to the approved security plan. These issues
demonstrate that expanded operation of the business will continue to create negative
impacts on the general welfare of those who live and work in the area. While a new
security plan has been implemented, it has not been in place long enough to determine
whether or not it will result in a reduction of negative impacts.
At the conclusion of the hearing and following deliberations, Vice-Chairman Dominguez made a
motion to deny the proposed Resolution and Commissioner Duarte seconded the motion. The
motion resulted in a 4-0-1 vote, with Commissioner Flores being absent.
EXHIBITS
A. Planning Commission Resolution
RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY DENYING REVISION “B” TO A CONDITIONAL USE PERMIT (PLN-
18-00054), ON PROPERTY LOCATED AT 8323 FIRESTONE BOULEVARD
AND ZONED DDSP (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 April 25, 2018 Revision “B” to the Conditional Use Permit was initiated to allow the
hours to be consistent with similar businesses; and,
D. 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,
E. 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, voted 4-0-1, with Commissioner Flores being absent, to deny
proposed Revision “B” to a Conditional Use Permit (PLN-18-00054); and,
F. On June 6, 2018, the Planning Commission adopted this resolution.
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 regarding the Revision to the Conditional Use Permit, the Planning
Commission further finds, determines and declares that:
A. Revision “B” to the Conditional Use Permit to amend the conditions of approval, which
include extending the hours of operation to 2:00 a.m., seven days a week, will be
detrimental to the public health, safety and general welfare of persons residing or
working in the neighborhood. Since the previous modification, which reduced the hours
Resolution No. 18-
Downey Planning Commission
8323 Firestone Blvd – PLN-18-00054
June 6, 2018 - Page 2
of operation, the magnitude and the number of incidents that have occurred in and
around the hookah lounge have not been reduced or eliminated. The business has also
remained non-compliant with respect to the approved security plan. These issues
demonstrate that expanded operation of the business will continue to create negative
impacts on the general welfare of those who live and work in the area. While a new
security plan has been implemented, it has not been in place long enough to determine
whether or not it will result in a reduction of negative impacts.
SECTION 5. Based upon the findings set forth in Sections 1 and 3 of this Resolution,
the Planning Commission of the City of Downey hereby denies Revision “B” to a Conditional
Use Permit, Conditions, in order to preserve the general welfare of the persons residing or
working in the neighborhood thereof.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of June, 2018.
Pat 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 6th day of June,
2018, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission