HomeMy WebLinkAbout08_020 DH ResolutionDH RESOLUTION NO. 08-020
A RESOLUTION OF THE DIRECTOR OF PLANNING OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0196, A MINOR CONDITIONAL
USE PERMIT FOR STARBUZZ HOOKAH LOUNGE, TO
AUTHORIZE A PRIVATE MEMBERSHIP CLUB FOR
HOOKAH SMOKING, LOCATED AT 32483 TEMECULA
PARKWAY
Section 1. Procedural Findings. The Director of Planning of the City of
Temecula does hereby find, determine and declare that:
A. On September 9, 2008, Bill Barkho, filed Planning Application No. PA08-
0196 Conditional Use Permit Application in a manner in accord with the City of
Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Director of Planning, at a regular meeting, considered the Application
and environmental review on November 20, 2008, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Director's Hearing and after due consideration of
the testimony, the Director of Planning approved Planning Application No. PA08-0196
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA08-0196, conformed to the City of Temecula's General Plan
Development Code.
Section 2. Further Findings. The Director of Planning, in approving Planning
Application No. PA08-0196, hereby makes the following findings as required by
Development Code Section 17.04.010 (E).
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
As conditioned, the project is consistent with the General Plan Land Use
designation of Highway Tourist Commercial and meets all of the goals and
policies contained in the General Plan. The General Plan anticipated land uses
that serve the commercial needs of tourist to be located in the Highway Tourist
Commercial Land Use Designation. Operational restrictions have been made
part of the Conditions of Approval in order to ensure continued consistency with
the General Plan and Development Code.
GAPLANNING\2008\PA08-0196 Starbuzz Hookah Minor CUP\Planning\DH resolution no.doc
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures;
As conditioned, the proposed conditional use is compatible with the nature,
condition and development of adjacent uses, buildings and structures and the
proposed conditional use will not adversely affect the adjacent uses, buildings or
structures. Operational restrictions have been made part of the Conditions of
Approval for this project to ensure compatibility with the surrounding
development. The adjacent uses, buildings and structures are all commercial
and retail-type uses and no residences are located in the immediate vicinity of
this conditional use. The authorization of a conditional use permit to allow for a
private members only hookah lounge is not anticipated to adversely affect the
neighboring tenants as all of the uses in the shopping center are compatible with
the proposed conditional use. The site for a proposed conditional use is
adequate in size and shape to accommodate the yards, walls, fences, parking
and loading facilities, buffer areas, landscaping, and other development features
prescribed in this Development Code and required by the planning commission
or council in order to integrate the use with other uses in the neighborhood.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in this development code and
required by the planning commission or council in order to integrate the use with other
uses in the neighborhood;
The site for the proposed conditional use is currently existing and is adequate in
size and shape to accommodate the yards, walls, fences, parking and loading
facilities, buffer areas, landscaping and other development features prescribed in
the Development Code to integrate the use with other uses in the neighborhood.
The shopping center in which the conditional use is located currently exists, and
no construction or exterior site modifications are proposed as a part of this
project. However, an analysis of the existing parking spaces was done and
concluded that there is an adequate number of parking spaces to accommodate
the conditional use, as well as the existing uses on the site.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community. The proposed conditional use is for a
private members only hookah lounge and as conditioned is not anticipated have
an adverse affect on the health, safety and welfare of the community since the
hookah lounge is not open to the general public and will cater to members only.
G:\PLANNING\2008\PA08-0196 Starbu= Hookah Minor CUP\PlanningQH resolution no.doc
Section 3. Environmental Findings. The Director of Planning hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(CEQA Section, 15301, Class 1 Existing Facilities).
1. It has been determined that this project qualifies for the Existing Facilities
exemption under CEQA Section 15301, Class 1. Starbuzz Hookah
Lounge is located in an existing shopping center. This request is a
Conditional Use Permit to allow for a membership club for a hookah
lounge. No development is proposed with this use.
Section 4. Conditions. The Director of Planning of the City of Temecula
approves Planning Application No. PA08-0196, a Minor Conditional Use Permit for
Starbuzz Hookah Lounge, located at 32483 Temecula Parkway, to authorize a private
membership club for hookah smoking, subject to the Conditions of Approval set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Director of Planning this 20th day of November 2008
Debbie Ubnoske, Director of Planning
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 08-020 was duly and regularly adopted by
the Director of Planning of the City of Temecula at a regular meeting thereof held on
the 20th day of November 2008.
Cynthia Iccia, Secretary
GAPLANNING\2008\13A08-0196 Starbu= Hookah Minor CUP\Planning\DH resolution no.doc
EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
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PERMITS PLUS: z-~ t-O9
INITIALS: C,.Kfi
PLANNER: l(,4 /m "
ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Bill Barkho/Mohammad Shaath, understand that Planning Application No. PA08-0196 has
been approved with Conditions of Approval which are set forth in Exhibit A. I have read the
Conditions of Approval contained in DH Resolution No. 08-020 and understand them.
Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and
commit to the City of Temecula that I will implement and abide by the Conditions of
Approval, including any indemnification requirements imposed by those conditions.
ATURE
2-1Leq
DATE
G~~~ OF TEAltee~
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA08-0196
Project Description: A Minor Conditional Use Permit for Starbuzz Hookah Lounge, Ito
authorize a private membership club for hookah smoking, located at
32483 Temecula Parkway
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
960-020-057
N/A
N/A
N/A
November 20, 2008
November 20, 2010
Within 48 Hours of the Approval of This Project
PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the applicant/
developer has not delivered to the Planning Department the check as required above,
the approval for the project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)).
PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval
document that will be provided by the Planning Department staff and return the
document with an original signature to the Planning Department.
General Requirements
PL-3. The applicant and owner of the real property subject to this condition shall hereby
agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of
the City's own selection from any and all claims, actions, awards, judgments, or
proceedings against the City to attack, set aside, annul, or seek monetary damages
resulting, directly or indirectly, from any action in furtherance of and the approval of the
City, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning the
Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City
shall promptly notify both the applicant and landowner of any claim, action, or
proceeding to which this condition is applicable and shall further cooperate fully in the
defense of the action. The City reserves the right to take any and all action the City
deems to be in the best interest of the City and its citizens in regards to such defense.
PL-4. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL-5. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
PL-6. The Director of Planning may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
PL-7. A separate building permit shall be required for all signage.
PL-8. Parking for the project shall be shared across the site, including parking spaces in all
lots that are a part of the project. If the project involves multiple lots, the applicant shall
submit to the Planning Department a copy of a recorded Reciprocal Use Agreement,
which provides for cross-lot access and parking across all lots.
PL-9. The applicant shall comply with their Statement of Operations dated October 21, 2008,
on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
PL-11. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL-12. A membership application shall be completed, and membership fees shall be paid prior
to the permittee allowing any person to use the private hookah lounge. Non-members
or non-paying members shall not be authorized to engage in hookah smoking.
PL-13. All potential members shall provide valid picture identification showing proof of age (18
or older).
PL-14. All identification checks to verify age will be done by the use of an electronic fraud proof
identification scanner to verify that all members are at least 18 years of age or older.
PL-15. The sale of one-day memberships shall not be permitted under any circumstances, at
any time.
PL-16. The permittee/business shall not employ more than five employees.
PL-17. The permittee shall comply with all applicable state laws, including the California Labor
Code.
PL-18. The permittee and the establishment shall be in compliance with all Riverside County
Health Department requirements.
PL-19. The permittee shall obtain, and keep up-to-date and current all appropriate tobacco
licenses required by the State of California and the City of Temecula.
PL-20. The permittee shall require that all employees sign an employee consent form which
indicates that the employee consents to the smoking and exposure to smoke. These
consent forms shall be retained on file by the permittee/employer.
PL-21. All employees shall be at least 18 years of age.
PL-22. The employer/permittee shall comply with all state and ventilation standards, subject to
the approval of the Building and Safety Department. Air shall be exhausted directly to
the outside by an exhaust fan. This shall be verified by at plan check by the Building
and Safety Department.
Prior to Issuance of Building Permit
PL-23. The following shall be added as a note to the tenant improvement plans/building plans,
and verified by the Building and Safety Department prior to the approval of tenant
improvement plans: "Air shall be exhausted directly to the outside by an exhaust fan."
PL-24. The following shall be added as a note to the tenant improvement plans/building plans
and verified by the Building and Safety Department prior to the approval of tenant
improvement plans: "Air ventilation system shall comply with applicable State and
federal ventilation standards."
PL-25. The applicant shall provide a written statement indicating how their air
ventilation/exhaust system complies with all State and federal standards, and shall be
reviewed by the Building and Safety Department prior to the approval of tenant
improvement plans.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-26. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
BUILDING AND SAFETY
General Conditions/Information
B-1. All design components shall comply with applicable provisions of the 2007 edition of
the California Building, Plumbing and Mechanical Codes; 2007 California Electrical
Code; California Administrative Code, Title 24 Energy Code, California Title 24
Disabled Access Regulations, and the Temecula Municipal Code.
B-2. Provide details of all applicable disabled access provisions and building setbacks on
plans.
B-3. Provide disabled access from the public way to the main entrance of the building.
B-4. Provide van accessible parking located as close as possible to the main entry.
B-5. Show path of accessibility from parking to furthest point of improvement.
B-6. Submit at time of plan review, a complete exterior site lighting plan showing compliance
with Ordinance Number 655 for the regulation of light pollution. All streetlights and
other outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and aimed not to shine
directly upon adjoining property or public rights-of-way. As applicable to proposed
scope of work.
B-7. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-8. Commercial and industrial project trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits.
At Plan Review Submittal
B-9. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review. As
applicable to proposed scope of work.
B-10. Provide number and type of restroom fixtures, to be in accordance with the provisions
of the 2007 edition of the California Plumbing Code.
B-11. Provide precise grading plan to verify accessibility for persons with disabilities.
Prior to Issuance of Building Permit(s)
B-12. Provide appropriate stamp of a registered professional with original signature on plans.
Prior to Beginning of Construction
B-13. A pre-construction meeting is required with the building inspector prior to the start of
the tenant improvement.
FIRE PREVENTION
General Requirements
F-1. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
Prior to Issuance of Building Permit(s)
F-2. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention
Bureau for approval. Three sets of sprinkler plans must be submitted by the installing
contractor to the Fire Prevention Bureau. These plans must be submitted prior to the
issuance of building permit.
F-3. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau
for approval. Three sets of alarm plans must be submitted by the installing contractor
to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated
circuit from the house panel. These plans must be submitted prior to the issuance of
building permit.
Prior to Issuance of Certificate of Occupancy
F-4. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their
background. Commercial buildings shall have a minimum of 12-inch numbers with
suite numbers being a minimum of six inches in size. All suites shall have a minimum
of six-inch high letters and/or numbers on both the front and rear doors (CFC Chapter
5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E).
F-5. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet
in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5,
Section 506).
POLICE DEPARTMENT
General Requirements
PD-1. No formal application for the use of alcoholic beverages has been submitted.
Therefore, the use, sales and service of all alcoholic beverages is prohibited at this
location.
PD-2. Applicant will comply with City Ordinance 9.14.010 series, Temecula Municipal Code,
consumption of alcoholic beverages in public prohibited.
PD-3. Applicant will ensure all cash registers is intergraded with a software that has a
magnetic strip reader capable of reading California Drivers License (CDL) or California
Identification Card (CID) and detach if the card is fraudulent or if the individual is
underage.
PD-4. Because smoking is allowed, no juveniles under the age of eighteen years of age are
allowed on the premises. Furthermore, applicant will comply with section 308 (a) (1) of
the California Penal Code.
PD-5. Identification checks will be verified utilizing one of the following: (a) valid California
driver's license; (b) valid California identification card; (c) valid military identification
card (active/reserve/dependent/retired); (d) valid driver's license from any of the 50
States or Territories of the United States; (e) valid U.S. Passport; (f) valid government
issued identification card issued by a Federal, State, County or City agency.
PD-6. As noted above, only a valid government issued identification card is acceptable;
providing it complies with Section 25660 of the Business and Profession Code (B&P),
which includes the following requirements: (a) name of person; (b) date of birth; (c)
physical description; (d) photograph; (e) currently valid, not expired.
PD-7. If a variety of tobacco products are sold, applicant will comply with subdivision (b),
section 22952 of the Business and Profession Code. Failure to comply is punishable
by fines or by imprisonment in a county jail.
PD-8. Any public telephones located on the exterior of the business should be placed in a
well-lighted, highly visible area, and installed with a "call-out only" feature to deter
loitering. This feature is not required for public telephones installed within the interior of
the building.
PD-9. If repeated criminal problems are reported from this business, the Temecula Police
Department reserves the right to revise this condition to allow for more stringent
guidelines.
PD-10. Refer any and all questions regarding this condition to the Crime Prevention and Plans
Officer, (951) 695-2773.
OPERATIONS STATEMENT
THE STARBUZZ HOOKAH LOUNGE WILL OPERATE 7 DAYS A WEEK
FROM 5PM TO 1AM AND WILL EMPLOY (4) INDIVIDUALS PER SHIFT.
THE PROVIDED PARKING COUNT WILL BE PER THE APPROVED SITE
PLAN REQUIREMENT TO PROVIDE ACCESSABLE AND CONVENIENT
CIRCULATION.
THIS OPERATION WILL BE A MEMBERS ONLY CLUB, 18 AND OVER
ONLY, NO ALCOHOL, CABLE/SATELLITE TV, NO FOOD, NO OUTSIDE
TABACCO SALES. THE BUSINESS WILL PROVIDE PATRONS WITH
HOOKAH PIPES TO LOUNGE WITHIN THE PREMISES. ALL BEVERAGES
SERVED WILL BE PRE-PACKAGED AND NO FOOD WILL BE PREPARED
AT THIS LOCATION. THE REAR AREA WITH SINKS AND STORAGE WILL
BE FOR CLEANING AND STORAGE OF PIPES AND PRE-PACKAGED
ITEMS. THE BAR AREA WILL SERVE PATRONS BEVERAGES AND
SMOKING ITEMS. ALL TRASH WILL BE DISPOSED OF UTILIZING THE
PROVIDED SANITATION SERVICES.
STARBUZZ HOOKAH LOUNGE
32483 TEMECULA PARKWAY
SUITES #108 & 109 BLDG. "E"
TEMECULA, CA 92592
IJ' OCT 2 1 20C$
Cheryl Kitzerow
From: MOHAMMAD SHAATH [ptismoe@yahoo.com]
Sent: Friday, November 07, 2008 10:03 AM
To: Cheryl Kitzerow
Subject: Re: Starbuzz Hookah Lounge
Hi Cheryl,
1. The total number of employees will be four. And all employees consent and understand the scope of
our establishment. Air is exhausted via three suction fans located in the sealing. We will comply with all
state and federal ventilation laws.
2. All employees and customers will be a minimum of 18 years of age.
3. Our yearly membership will come at a cost of $10.00. And must be renewed annually.
Mo Shaath
909.900.2419
FW: PA08-0196, Starbuzz Hookah Lounge -'AT&T Yahoo! Mail'
✓ at&t MA1L Classic
FW: PA08.0196, Starbuzz Hookah Lounge
From: "MOHAMAD HAMADE" <hamademoe@hotmail.com>
To: hamade_global@s bcglobal, net
Scan Document From Copler,eml (743Ka)
Page 1 of 2
Monday, November 30, Zoos 10:37.AM
Date: Mon, 30 Nov 2008 10:20:44 -0800
From: ptismoe@yahoo.com
Subject: Fw: PA08-0196, Starbuzz Hookah Lounge
To: hamademoe@hotmail.com
On Wed, 11/5/08, Cheryl Kitzerow <Cheryl.Kitzerow@cityoltemecula.org> wrote:
From: Cheryl Kitzerow <Cheryl.Kitzerow@cityoftemecula.Org>
Subject: PA08-0196, Starbuzz Hookah Lounge
To: nbarkho@sbcglobal.net, ptismoe@yahoo.com
Cc: "Matt Peters" <Matt. Peters@cityoftemecula.org >
Date: Wednesday, November 5, 2008, 12:33 PM
Good Afternoon Bill,
As we discussed on the phone this morning, staff is prepared to schedule your project for Director's
Hearing on November 201h at 1:30 pm. You will need to attend this meeting here at City Hall (2"d floor,
Main Conference Room). We will be sending out a notice of public hearing this week and preparing a
staff report early next week. As requested in our letter dated October 2, please submit a leoal ooinion
that explains how the business is in conformance with the City's Municipal Code, Section 8.36,
Smoking in Public Places and the California Labor code, section 5404.5. We will need this no later 1
than noon on November 10 to keep the project on the agenda. If you few you cannot meet this
deadline please let me know immediately and we can schedule the project for Director's Hearing on
12/4. 1 have attached the referenced code sections for your use.
Thank you. When responding please "reply to all"
Cbcrg1K tzcmw
Associate Planner
City of Temecula
--Forwarded Message Attachment--
Subject: Scan Document From Copier
Date: Wed, 5 Nov 2008 13:32:21 -0800
http://us.mc835.mail.yahoo.con/mclshowMessage?fid=lnbox&sort=date&order-down&... 11/10/2008
A declarational guarantee and Leaal ODioion
Starbuzz Tobacco Inc. (Applicant) recommends and firmly supports the following:
1) The business will be owner-operated or other exempt from the prohibition of smoking in
the workplace set forth in California Labor Code 6404.5.
The state of California regulates hookah bars via Labor Code 6404.5 (our smoke free workplace
law) and via Penal Code 308, two state laws that prohibit the sale of tobacco to minors. There are
exemptions within our law that would allow hookah smoking. Some of these exemptions are
mentioned below:
The store/lounge is solely operated by the owner (no employees), (In the early
days of the law, some bar owners thought they could use this exemption and used
crcativc strategies like not having employees, but volunteers.
There is one exemption that applies that involves establishments with five or
fewer employees.
Starbuzz hookah lounge with have five or fewer employees working at any given time, thus
allowing the establishment to befall exempt from the prohibition of smoking in the workplace set
forth in California Labor Code 6404.5.
Temecula's Municipal Code section 8.36.030: Prohibition of smoking in public places,
places of employment and other areas. Enclosed Places. Smoking is prohibited in the
following enclosed places except in places listed in subsection C of this section, and except in
such places in which smoking is already prohibited by state or federal law. Section C states that
unless otherwise prohibited by law, smoking is permitted in the following locations:
2) Significant tobacco retailers, if minors are prohibited at all times from entering the store.
• No persons under 18 years of age shall be permitted with the business (Starbuzz
Hookah Lounge).
• Filtration devices will be installed and operated such that smoke doesn't exit the
establishment upon customer ingress or egress or enter adjacent businesses
through ducts and verits.
3) Starbuzz Hookah Lounge agree to indemnify, hold harmless, and defend the city of
Temecula, its officers, agents and employees, from any and all liability or claims that
may be brought against the City arising out of its approval of this permit, or arising out of
the operation of the business , save and except that caused by the city's active negligence.
Any questions or concerns please feel free to contact us.
Signature:
Date:
Star9m Tobar-& c
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