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HomeMy WebLinkAboutPC Minutes 11-01-17MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, NOVEMBER 1, 2017 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Rodriguez called the November 1, 2017, Regular Meeting of the Planning Commission to order at 6:29 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Jim Rodriguez, District 5, Chairman Miguel Duarte, District 1 Patrick Owens, District 2, Vice Chairman Steven Dominguez, District 3 COMMISSIONERS ABSENT: Matias Flores, District 4 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Jim Eckart, City Prosecutor David Blumenthal, City Planner Guillermo Arreola, Principal Planner Brian Baker, Downey Police Lieutenant Vincent Rosario, Downey Police Sergeant Victor Furtado, Downey Fire Investigator Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL: Director of Community Development Aldo Schindler reported the City Council 1) issued an urgency moratorium for lot splits and subdivisions for properties zoned R-1 Single Family Residential. Staff will study the issues over the next 45 days and return to the Council (approximately 11/28/17) to provide their findings. At that time staff may recommend an extension is order, which will continue the moratorium for an additional 10 months and 15 days to provide staff more time to research the matter. If more time is needed it can be extended for another year, totaling a period of two (2) years; 2) the Council heard and approved the second reading on the Cannabis ban. PUBLIC HEARINGS: 1. PLN -17-00163 Modification to a Conditional Use Permit): Chairman Rodriguez opened the public hearing for PLN -17-00163 and Ms. Cavanagh affirmed proof of publication. City Attorney Yvette Abich Garcia reviewed the procedures for the public hearing item PLN -17-00163 with the Commissioners. Principal Planner Guillermo Arreola gave a PowerPoint presentation of the request to modify an existing Conditional Use Permit (PLN -16-00114), which allows a hookah lounge (Hookah Hub) to operate with live entertainment and dancing, on property located at 8323 Firestone Boulevard and zoned DDSP (Downtown Downey Specific Plan). On February 15, 2017 the six-month review for the Conditional Use Permit (COUP) was presented to the Planning Commission, at which time there were five (5) "calls for service", four (4) were noise related and one (1) was 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. Since that time, there have been a number of incidents and "calls for service" that require Police Department attention. Recent inspections indicate the business was operating in violation of several conditions of approval. As a result, a meeting was conducted with the business owner (Emad Hanna), that included staff members from the City's Police, Fire, Planning Departments, and the Chief Prosecutors office to go over the incidents that had taken place at or in close proximity to the Hookah Hua, as well as to discuss the results of the Police Department inspection that occurred on September 16, 2017 which was due to numerous calls for service to the Police Department. 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. Significant incidents included: Assault with a deadly weapon, fights involving gang members and shootings. Additional calls for service range from theft, arguments, yelling and loud noises, taking place or emanating from the subject site parking lot with the majority taking place after midnight. Violations of the CUP included dancing in aisles, not on approved dance floor area; the sale and consumption of food and beverages; cover charges; outside promoters; the use of extra rooms without City Planner review; lack of security; non -reporting of incidents; loitering in the rear parking area; dress code not enforced; and admittance of persons under 21 years of age. The business is operating in violation of terms of the CUP, in a manner that is detrimental to the public health, safety, and welfare. As such, staff is recommending several amendments to the CUP, including; • No Live Entertainment • Hours of operation: 6:00 p.m. —12:00 a.m., seven days a week • Customer access from Firestone Boulevard only • Business owner to maintain count of number of patrons at any given time • The northernmost rooms to be used for storage purposes only • At minimum, two security guards, unless the Chief of Police determines additional guards are needed, one to be located at the rear exit to prevent loitering and one at the front entrance This application was presented to the Development Review Committee on June 29, 2017 at which time Conditions of Approval were incorporated by the Planning, Fire, Building and Safety, and Police Departments that will reduce the number of incidents in and around the Hookah Hub Lounge, particularly during post - midnight hours. The Commissioners commented on the severity of the violations with Downey Police Lieutenant Brian Baker and discussed the occupancy levels with Fire Investigator Victor Furtado. Disclosures: Chairman Rodriguez stated he passes by the site on a regular basis and noticed a sign on the front door directing people to use the rear entrance on two evenings. Applicant Representative, Benjamin McFadden spoke on behalf of owner/operator Emad Hanna and spoke regarding the steps they've taken to prevent gang related incidents and introduced new co-owner Phillip Rivas. Mr. Rivas spoke of the changes he has implemented in his 3 weeks managing the Hookah Hub Lounge. He discussed meeting with Planning and Fire Departments to ensure they are in compliance with the City of Downey. As a result of said meeting they have replaced furniture with new more fire resistant furniture, increased the number of fire extinguishers, replaced flooring, added camera monitors for security and kitchen staff, added parking lot sweeps to clean up trash and prevent loitering, and increased their prices -2- and quality to bring a higher end clientele. He asked the Planning Commission to consider modifying Condition No. 3 to include the sale of non-alcoholic beverages in lieu of water only. He stated there will be no more cover charges for events and all of the ideas previously used are going away. Mr. Rivas explained that Mr. Hanna owns 15 businesses and was not hands on in operations, and the prior management did not understand how to run this business. He asked that they be given a chance under Mr. Rivas' direction. Correspondence: None. Commissioner Duarte thanked Mr. Rivas for his presentation and said he preferred speaking to Mr. Hanna regarding the issues that occurred prior to Mr. Rivas' management; however, he was not present to give testimony. He expressed concern regarding a serious incident related to a fight involving a handgun that did occur during Mr. Rivas' management of the business on October 21, 2017. Mr. Rivas related the incident to intoxicated patrons from a "party bus" that pulled up to the establishment. He said the people entered and were escorted out by security. He reasoned that his neglect in calling the Police Department was the patrons were already there. He made note that going forward, every time there is an incident, staff will contact the Police Department as this type of clientele came from the previous promotions; as such, they may have a repeat of these incidents over the next couple of months. Commissioner Dominguez asked Mr. Rivas to explain their cooking and use of new stoves, to which he explained the hookah processes using coals to create the smoke and his meeting with Hazardous Materials Specialist (HMS) Fire Inspector Lee Kirby, to ensure they are operating safely. He made note that they do not allow food to be prepared or brought in from other places into the establishment. Chairman Rodriguez asked for results of his meeting with staff. Mr. Rivas reported he received a summary of the infractions from Mr. Hanna and met with HMS Fire Inspector Lee Kirby and Building Official Rik Hobbie to address all issues. Mr. McFadden briefly discussed the weapons incidents that occurred were off premises; the purpose of the CUP is to allow for dancing and the restrictions proposed appear more restrictive than if there were no CUP in place, particularly the hours, which he believes are more restrictive than if they were operating without a CUP. He asked that the Commission consider the conditions that are more restrictive than would be in place, absent the CUP. Chairman Rodriguez expressed concern with the Hookah Lounge targeting patrons aged 18-21. Mr. Rivas outlined the business operations prior to changes in tobacco laws to 21 & over, the implementation of the CUP occurring in June of 2016, and the applicant's management as a 21 and over lounge. Commissioner Dominguez questioned Mr. McFadden's comments regarding the assertion that the weapons were not on premises. Mr. McFadden clarified, that they were unable to determine if the weapons were recovered inside or outside. Public Comments: Alice lbarra, 8317 Second Street, Downey View resident speaking on her behalf of the residents who unable to attend due to work schedule the World Series of Baseball's final game. She spoke of major disturbances from the Hookah Hub due to half of the apartments face the back door of the establishment and said she tried calling the Hookah Hub, but there was no answer. Ms. lbarra described an instance which she described as a flash mob whereas patrons parked across the street near the Dollar Tree store, running across to the Hookah Lounge and counted at approximately 50 people exiting the back door. Ms. lbarra emphasized that the disturbances affected their quality of life and their livelihood. She expressed disappointment in Mr. Rivas' lack of accountability for the disturbances. She is against the live music because of the sound nuisance from the back door disturbing the residents of the Downey View as many of them have children. She asked the Commission to reconsider the hours of operation to close at 12:00 p.m. on Friday and Saturday and 10:00 p.m. on Sunday as there are suspicious people hanging out in their cars after hours. -3- Applicant's Rebuttal: Mr. Rivas apologized for the incidents that occurred during the previous management; he offered his personal contact information to report disturbances and is willing to add a 2nd door entrance to mitigate the noise affecting the residential neighbors Staff recommended the Planning Commission adopt a resolution to approve the Modification to the CUP. Chairman Rodriguez closed the public hearing. Commissioner Duarte said he's gone through the evidence and found there are a lot of egregious acts this year and over the past few months. Although Mr. Rivas is presenting a better business model, he doesn't see how eliminating dancing would affect attracting a higher clientele to a "Hookah" establishment. He was agreeable to modifying to condition no. 3 "sale of water only" to add any non-alcoholic beverage. He said in the three weeks under the new management, he doesn't see enough to go against staff's recommendation. Commissioner Dominguez voiced his discontent with the operation of the business and said he was appalled at the total disrespect the owner has demonstrated against the City and the residents. He found the owners' naivety of the business operations to be false; as an owner of 15 businesses it is part of his business acumen to be aware of the events that have occurred in his business. He believes the owner egregiously misrepresented previously to the Commission when he received approval of his CUP. In addition, alcohol was served in spite of the conditions of the CUP say it is not allowed, and according to the police reports has been serving alcohol since December of last year. The Planning Commission reviewed and questioned that in February thought there to be only six items and thought not to be significant. Clearly those items have now become very significant. They have assault and battery; discharge of weapons within the City. The applicant is purposefully and deliberately asking individuals from outside the City to come in by having buses and DJs and third party promoters coming in to the City; knowing that he was not allowed to do that. There is a complete disregard for public safety and welfare of the public. The applicant has completely abolished one of two exits; has been cooking food with gas stoves, creating a welfare and safety menace to fire and safety of our residents; condoning extreme violence with their actions, and does not understand why the Planning Commission does not revoke the permit. Commissioner Dominguez concluded he would like to make a motion that the permit be revoked, if not now, than in six (6) months. Vice Chairman Owens said, although he found his colleagues comments to be succinct and to the point, he agrees with most but not on the same level. When this was brought before Commission over a year ago and the Police Department discussed their concerns regarding incidents of patrons being pushed out the front door onto Firestone Boulevard, he thought it was a rarity and believed more loitering and hanging out incidents would occur, so he was liberal in his thinking. He agreed that the lack of stewardship is difficult to overlook in light of the applicant having 15 businesses and did not think the applicant would mishandle this business. At the time the businesses was presented he found it to be innovative. He agreed with comments of not seeing enough of a real move forward; he can't find a way to modify the conditions that staff is recommending. Chairman Rodriguez agreed with fellow Commissioners and commented that this is a matter of failing to perform on the conditions of approval. He thanked staff for the report being extremely thorough and said it is quite clear that this is a real nuisance and the findings set forth are clearly met from public health to the other statutes, ordinances and regulations. He believes the hours of operation closing at midnight with ambient music can still cater to the group they are looking to attract, and finds this modification to the CUP to be quite fair. He agreed with Commissioner Dominguez in regard to the proposed revocation; however, he finds this to be a fair compromise to keep the business open. He commented on severity of the issues and the City's intent in being able to have high quality establishments, and this is not representative of that goal. In addition, he believes that the conditions to allow the business to maintain the CUP are quite fair and was agreeable in allowing non-alcoholic beverages. The Commissioners discussed options to return in six months to follow up on the business operations with -4- staff, and if necessary, revoke the CUP. The Commissioners discussed modifying Condition No. 3 to include non-alcoholic beverages. City Planner David Blumenthal together with City Prosecutor Jim Eckart reviewed the Attorney General's interpretation of the State Labor Code regarding tobacco sales in conjunction with beverages. Commissioner Dominguez motioned to approve the Revision to Conditional Use Permit PLN -17-00163 with the modifications that have been put forth by staff. The motion died for lack of a second. Commissioner Duarte disagreed with the City Prosecutors interpretation of the Attorney General's interpretation of the State Labor Code regarding tobacco sales and does not believe them to be binding. City Attorney Yvette Garcia explained the Attorney General's opinions are persuasive authority and they are given great weight in a court of law; however, they are not binding. Commissioner Dominguez was adamantly against modifying the conditions of approval, in particular, Condition No. 5 regarding ambient music as it is a recommendation of the Downey Police Department to cease music by 11:30 p.m. He was not agreeable to modifying Condition No. 3 allowing the sale of non- alcoholic beverages due to the history of the business operations. Commissioner Duarte stated that although the issues presented are very upsetting, he found it irrelevant to allowing the sale of non-alcoholic beverages, nor did take issue with extending non -live entertainment (ambient music) to closing hours. The Commissioners discussed extending the hours for ambient music to closing with Downey Police Lieutenant Brian Baker, who explained that businesses tend to play more of a radio club music that includes dance music and is loud singing. Lt. Baker's recommendation is to shut the music off well before the business is due to close, this allows them time to vacate the business by closing time. If they are allowed to extend the music to midnight, this will extend their operating hours. The Commissioners discussed the definition of ambient music and related issues with City Prosecutor Jim Eckart. The Commissioners discussed modifying Condition No. 3 as follows: 3) The sale and/or consumption of food and, beverages, i4;eludim-alroholic-bevemges, other than water and soft drinks within the subject building is prohibited at all times. Water may -v be sG!d err ri_c^ Fh n +hr„� o T ic.oc s�iurrrr�a���a�i�witrri-rrr�� It was moved by Chairman Rodriguez, seconded by Vice Chairman Owens, and passed by a 4-0-1 vote, to adopt Resolution No. 17-3039, with modified condition(s) as stated, thereby approving the Modification to a Conditional Use Permit (PLN -17-00163). NON -AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: None. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. ADJOURNMENT: Chairman Rodriguez adjourned the meeting at 8:00 p.m., to Wednesday, November 15, 2017, at 6:30p.m. at Downey City Hall, 11111 Brookshire Ave. -5- APPROVED AND ADOPTED this 17th day of January, 2018. �G�.I„�l�tc-L Uma Patrick Owens, Vice -Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on this 17th day of January, 2018; by the following vote: AYES: COMMISSIONERS: Flores, Dominguez, Duarte and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Rodriguez ABSTAIN: COMMISSIONERS: None Mary CaGanagh, Secreta City Planning Commission sm