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11 RECORDING REQUESTED BY: Civic San Diego Planning Department 401 B Street, Suite 400 San Diego, CA AND WHEN RECORDED MAIL TO: Civic San Diego Planning Department 401 B Street, Suite 400 San Diego, CA THIS SPACE FOR RECORDER S USE ONLY NOTE: COUNTY RECORDER, PLEASE RECORD AS RESTRICTION ON USE OR DEVELOPMENT OF REAL PROPERTY AFFECTING THE TITLE TO OR POSSESSION THEREOF GASLAMP QUARTER PLANNED DISTRICT CONDITIONAL USE PERMIT / NEIGHBORHOOD USE PERMIT NO BLUE MOON HOOKAH LOUNGE LIVE ENTERTAINMENT AND SIDEWALK CAFÉ 818A SIXTH AVENUE APN

12 CUP No Page 2 of 7 Blue Moon Hookah Lounge Live Entertainment and Sidewalk Café GASLAMP QUARTER PLANNED DISTRICT CONDITIONAL USE PERMIT / NEIGHBORHOOD USE PERMIT NO BLUE MOON HOOKAH LOUNGE LIVE ENTERTAINMENT AND SIDEWALK CAFÉ 818A SIXTH AVENUE APN WHEREAS, Omar Jibawi on behalf of Blue Moon Hookah, Inc., Permittee, submitted Conditional Use Permit (CUP) / Neighborhood Use Permit (NUP) No on December 21, 2015 to allow live entertainment with patron dancing and sidewalk café uses for Blue Moon Hookah Lounge located at 818A Sixth Avenue ( Project ), as shown in the plans on file in the office of Civic San Diego ( CivicSD ) dated February 3, The site is more particularly described as Lot H in Block 61 of Horton s Addition, in the City of San Diego, County of San Diego, State of California, according to map thereof made by L.L. Lockling filed in the office of the County Recorder of San Diego County, located within the Horton/Gaslamp neighborhood of the Downtown Community Plan (DCP) area; WHEREAS, CivicSD considered the plans and materials submitted prior to the decision, the inspection of the subject property, the comments received from the appropriate City of San Diego ( City ) departments, and public comments submitted prior to the decision; WHEREAS, CivicSD considered the Live Entertainment and Sidewalk Café, the design, and the relationship of the Project to other uses along Sixth Avenue and the impact the Project will have on the character of the area; WHEREAS, CivicSD found that the establishment of a Live Entertainment and Sidewalk Café in this location, subject to conditions, will not adversely affect the neighborhood and will implement the goals of the DCP; WHEREAS, CivicSD found that the Live Entertainment and Sidewalk Café will not be detrimental to persons residing, visiting, or working in the area; and, WHEREAS, the Project will comply with all relevant regulations in the San Diego Municipal Code (SDMC), and all applicable building laws including State laws and regulations. NOW, THEREFORE, BE IT RESOLVED: a. That the proposed use will not adversely affect the applicable land use plan Blue Moon Hookah Lounge proposes to have live entertainment with patron dancing, and will not adversely affect the applicable land use plan as it adheres to the CCPDO and is consistent with the goals of the DCP. Live entertainment uses are permitted within the GGPDO with approval of a CUP. The proposed use is in a land use district that

13 CUP No Page 3 of 7 Blue Moon Hookah Lounge Live Entertainment and Sidewalk Café accommodates a diverse array of uses and allows commercial uses such as the proposed business. The sidewalk café area for Blue Moon Hookah Lounge will not adversely affect the applicable land use plan as it is consistent with the CCPDO and DCP. Sidewalk cafes areas are permitted within the GGPDO with the approval of an NUP. The Gaslamp neighborhood is planned to have a broad mix of uses, high activity, and wide ranging appeal and the Applicant s proposed use is consistent with that vision. b. That the proposed use will not be detrimental to the public health, safety and welfare; and, The proposed live entertainment use with patron dancing will not be detrimental to the public health, safety, and welfare of the community when operated with the recommended conditions of approval and mitigation measures. Conditions of approval include limiting the hours that the live entertainment can occur, specifying what kinds of live entertainment is allowed on the premises, keeping a primary point of contact at the establishment in case any situations arise, and providing adequate security to monitor patron behavior. In addition, measures to mitigate the noise impact of the live entertainment for nearby residents will be required. The conditions of approval will ensure that the use does not become a nuisance to the surrounding neighborhood. The proposed sidewalk café use will not be detrimental to the public health, safety and welfare as long as it adheres to the standard conditions of approval that include hour and activity restrictions. c. That the proposed use will comply with the regulations of the Land Development Code including any allowable deviations pursuant to the Land Development Code. The proposed use is consistent with the GQPDO and the DCP with approval of a CUP. The use will be required to comply with all applicable regulations, conditions of approval, and the requirements of the SDPD. The Applicant has submitted an NUP application to allow a sidewalk café and is required to obtain any additional city building permits. d. The proposed use is appropriate at the proposed location. The project is in a mixed-use area where similar venues already co-exist with other residences and live entertainment venues. Also, the project is located within the Gaslamp Quarter neighborhood, which is San Diego s prime entertainment and celebration destination and includes numerous restaurants, nightclubs, bars, and stores. Therefore Blue Moon Hookah Lounge live entertainment is appropriate for the proposed location.

14 CUP No Page 4 of 7 Blue Moon Hookah Lounge Live Entertainment and Sidewalk Café BE IT FURTHER RESOLVED that based on the Findings herein before adopted by CivicSD, NUP No is hereby GRANTED to the Owner and Permittee, subject to the plans on file in the offices of CivicSD dated February 3, 2016 on file with CivicSD and the following conditions: Live Entertainment 1. The primary use of the property is for a hookah lounge with on-site live entertainment and patron dancing. The intended use must be in conformance with permitted uses as outlined in the Gaslamp Quarter Planned District Ordinance and all other relevant regulations in the Municipal Code. Any proposed change in use shall be reviewed and approved by CivicSD. 2. Live entertainment and dancing shall be limited to between the hours of 2:00 p.m. and 1:30 a.m. seven days per week. 3. Live entertainment and dancing shall be permitted only within the confines of the building. No music shall be permitted into the sidewalk café area. All doors and windows shall remain closed whenever live entertainment is occurring in the establishment. 4. All live music and entertainment must be conducted in compliance with all applicable San Diego Municipal Code permits and regulations. San Diego Police Department regulatory permits shall be obtained 5. Sound and amplification equipment shall be monitored during and after business hours to ensure that audible noise remains at acceptable levels. Noise levels shall be in conformance with the Noise Abatement Standards of the SDMC and the City of San Diego Noise Ordinance. In the event that a noise or vibration complaint is filed, CivicSD shall evaluate the complaints and if it is determined that the business is potentially creating a nuisance to the neighborhood, a duly noticed hearing shall be scheduled. After receiving public testimony, the Hearing Officer may revoke or modify the permit. 6. The Permittee shall be responsible for implementing the noise mitigation measures recommended for a high level of music in the hookah lounge in the acoustical study as submitted for this project dated November 19, 2015, and limit interior noise levels to less than 88.8 dba, to meet the requirements of the City of San Diego Noise Ordinance and CALGreen. All necessary building permits for any improvements made shall be obtained, a final inspection shall be received, another noise confirmation test by an acoustical engineer shall be conducted, and CivicSD staff shall be provided with a report prior to commencement of live entertainment to verify that the sound system and noise levels are adequate and are consistent with the acoustical study dated November 19, The Permittee shall be in compliance with the City of San Diego Noise Ordinance regulations and CALGreen at all times. Sidewalk Café

15 CUP No Page 5 of 7 Blue Moon Hookah Lounge Live Entertainment and Sidewalk Café 1. This NUP allows Sidewalk Cafe space associated with the ground floor establishment along the street frontage of Blue Moon Hookah Lounge (totaling 280 square feet) located at 818 Sixth Street area encroaching no more than six-feet (6 ) into the public right-ofway along Sixth Avenue. 2. Each Sidewalk Café space shall be surrounded by a black metal tubing barrier not to exceed three-feet, six inches (3-6 ) in height as shown in the approved drawings dated February 3, Any proposed change or expansion of the Sidewalk Cafe shall be reviewed by CivicSD to determine the appropriate process for approval. 4. The Sidewalk Café spaces may exist only in conjunction with the adjacent street-level Hookah Lounge establishments at the property located at 818 Sixth Street. The Sidewalk Café spaces shall only be used for dining, drinking, and circulation, and utilized by patrons during the hours allowed under this NUP. Any change in utilization and/or hours of operation shall be reviewed by CivicSD to determine the appropriate process for approval. 5. The hours of operation for the Sidewalk Café spaces shall be limited to no later than 11:00 a.m. Sunday through Thursday, and 12:00 a.m. (midnight) seven days per week. 6. Smoking shall not be permitted within the Sidewalk Café spaces at any time. 7. The Owner and Permittee shall be responsible for maintaining the sidewalk within, and adjacent to, the cafe enclosure clean and free of litter at all times. 8. No live entertainment, musical instruments, or sound reproduction devices shall be allowed within any Sidewalk Café space. 9. The Owner and Permittee shall obtain and provide CivicSD with an approved copy of the Sidewalk Cafe Maintenance and Removal Agreement (SCMRA) and a Building Permit from the City Development Services Department prior to the installation of the Sidewalk Cafe. 10. No tables, chairs, A-frame signs, or any other furnishings or decorative displays shall be located in the Public Right-Of-Way in front of or adjacent to any Sidewalk Café space. 11. The Sidewalk Cafe spaces shall meet all applicable disable-accessibility codes. 12. No signs (including banners and/or pennants, and/or off-site advertising signs) are permitted on or within any Sidewalk Café space or barriers. Standard Conditions

16 CUP No Page 6 of 7 Blue Moon Hookah Lounge Live Entertainment and Sidewalk Café 13. The Permittee shall respond to complaints pertaining to this CUP/NUP by members of the community within 24 hours of receiving the complaint. A current point of contact shall be maintained with CivicSD for the premise to ensure full compliance with this condition. 14. This Permit is a covenant running with the lands and shall be binding upon the Permittee and any successor or successors, and the interests of any successor shall be subject to each and every condition set out in this permit and all referenced documents. 15. Construction and operation of the approved use shall comply at all times with the regulations of this or any other governmental agencies. 16. The Permittee shall maintain a copy of this NUP and other business licenses on the premises and shall make these documents available to anyone lawfully engaged in the inspection of the premises. 17. This Permit must be utilized within thirty-six (36) months after the date on which all rights of appeal have expired. If this Permit is not utilized in accordance with Section of the SDMC within the 36 month period, this Permit shall be void unless an Extension of Time (EOT) has been granted pursuant to Section of the SDMC. 18. After establishment of the project, the property shall not be used for any other purposes unless: a. Authorized by CivicSD; and b. The proposed use meets every requirement of the zone existing for the property at the time of conversion; or c. The Permit has been revoked by CivicSD. 19. This Permit may be revoked by CivicSD if there is a material breach or default in any of the conditions of this Permit. 20. No permit for construction, operation or occupancy of any facility shall be granted nor shall any activity authorized by this Permit be conducted on the premises until this Permit is recorded in the OFFICE OF THE COUNTY RECORDER. CIVIC SAN DIEGO Date of Decision:, 2016 ATTEST: PERMITTEE/PROPERTY OWNER: Steven Bossi Date Omar Jibawi Date Associate Planner Blue Moon Hookah, Inc.

17 CUP No Page 7 of 7 Blue Moon Hookah Lounge Live Entertainment and Sidewalk Café Note: Notary acknowledgements must be attached per Civil Code Section 1189 et seq \\ccdc-fs-00\shared\planning\applications\land Use Permits\CUP\ CUP (Blue Moon Hookah)\ _Permit_DRAFT.docx

18 CIVIC SAN DIEGO HEARING OFFICER RESOLUTION NO CONDITIONAL USE PERMIT NO WHEREAS, Omar Jibawi on behalf of Blue Moon Hookah, Inc., Permittee, submitted Conditional Use Permit (CUP) / Neighborhood Use Permit (NUP) No on December 21, 2015 to allow live entertainment with patron dancing and sidewalk café uses for Blue Moon Hookah Lounge located at 818A Sixth Avenue ( Project ), as shown in the plans on file in the office of Civic San Diego ( CivicSD ) dated February 3, The site is more particularly described as Lot H in Block 61 of Horton s Addition, in the City of San Diego, County of San Diego, State of California, according to map thereof made by L.L. Lockling filed in the office of the County Recorder of San Diego County; WHEREAS, on April 7, 2015, the CivicSD Hearing Officer held a duly noticed public hearing and considered CUP No , including a staff report and recommendation, and public testimony, pursuant to Sections , , , and of the Municipal Code of the City of San Diego; and, WHEREAS, this activity is covered under the Final Environmental Impact Report (FEIR) for the San Diego DCP, CCPDO, and 10 th Amendment to the Centre City Redevelopment Plan, certified by the former Redevelopment Agency ( Former Agency ) and the City Council on March 14, 2006 (Resolutions R and R , respectively) and subsequent addenda to the FEIR certified by the Former Agency on August 3, 2007 (Former Agency Resolution R ), April 21, 2010 (Former Agency Resolution R-04510), and August 3, 2010 (Former Agency Resolution R-04544), and certified by the City Council on February 12, 2014 (City Council Resolution R ) and July 14, 2014 (City Council Resolution R ). The FEIR is a Program EIR prepared in compliance with California Environmental Quality Act (CEQA) Guidelines Section The project is within the scope of the development program described in the FEIR; therefore, no further environmental documentation is required under CEQA. NOW, BE IT RESOLVED, that the Hearing Officer adopts the following written findings under Section of the San Diego Municipal Code: 1. The proposed use or development will not adversely affect the applicable land use plan; Blue Moon Hookah Lounge proposes to have live entertainment with patron dancing, and will not adversely affect the applicable land use plan as it adheres to the CCPDO and is consistent with the goals of the DCP. Live entertainment uses are permitted within the GGPDO with approval of a CUP. The proposed use is in a land use district that accommodates a diverse array of uses and allows commercial uses such as the proposed business. The sidewalk café area for Blue Moon Hookah Lounge will not adversely affect the applicable land use plan as it is consistent with the CCPDO and DCP. Sidewalk cafes

19 CivicSD Hearing Officer Resolution No Page 2 of 3 areas are permitted within the GGPDO with the approval of an NUP. The Gaslamp neighborhood is planned to have a broad mix of uses, high activity, and wide ranging appeal and the Applicant s proposed use is consistent with that vision. 2. The proposed use or development will not be detrimental to the public health, safety, and welfare; The proposed live entertainment use with patron dancing will not be detrimental to the public health, safety, and welfare of the community when operated with the recommended conditions of approval and mitigation measures. Conditions of approval include limiting the hours that the live entertainment can occur, specifying what kinds of live entertainment is allowed on the premises, keeping a primary point of contact at the establishment in case any situations arise, and providing adequate security to monitor patron behavior. In addition, measures to mitigate the noise impact of the live entertainment for nearby residents will be required. The conditions of approval will ensure that the use does not become a nuisance to the surrounding neighborhood. The proposed sidewalk café use will not be detrimental to the public health, safety and welfare as long as it adheres to the standard conditions of approval that include hour and activity restrictions. 3. The proposed use or development will comply to the maximum extent feasible with the regulations of the LDC; and, The proposed use is consistent with the GQPDO and the DCP with approval of a CUP. The use will be required to comply with all applicable regulations, conditions of approval, and the requirements of the SDPD. The Applicant has submitted an NUP application to allow a sidewalk café and is required to obtain any additional city building permits. 4. The proposed use is appropriate at the proposed location. The project is in a mixed-use area where similar venues already co-exist with other residences and live entertainment venues. Also, the project is located within the Gaslamp Quarter neighborhood, which is San Diego s prime entertainment and celebration destination and includes numerous restaurants, nightclubs, bars, and stores. Therefore Blush Ice Bar live entertainment is appropriate for the proposed location. NOW THEREFORE, BE IT RESOLVED that based on the findings, hereinbefore adopted by the CivicSD Hearing Officer, CUP No is hereby GRANTED to the referenced Owner and Permittee, as described on the approved plans on file in the CivicSD Planning Department, along with the terms and conditions set forth in the CUP/NUP of which is attached hereto and made part hereof.

20 CivicSD Hearing Officer Resolution No Page 3 of 3 ADOPTED AND APPROVED by the CivicSD Hearing Officer on April 7, AUTHENTICATED BY CIVIC SAN DIEGO ATTEST: Steven Bossi Associate Planner Date \\ccdc-fs-00\shared\planning\applications\land Use Permits\CUP\ CUP (Blue Moon Hookah)\Permit\ _Reso_DRAFT.docx

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