CITY OF SUNNYVALE

ADMINISTRATIVE HEARING

MINUTES

Wednesday, January 12, 2005

2004-0907 – Off The Hookah Lounge [Applicant] Dubrovnik Associates [Owner]: Application for a Special Development Permit on a 5,271 square-foot site to allow dancing at a smoking lounge from 8 p.m. to 12 a.m. Sunday thru Thursdays and 8 p.m. to 2 a.m. Fridays and Saturdays.  The property is located at 198 South Murphy Avenue in a DSP-2 (Downtown Specific Plan - Block 2) Zoning District. (APN: 209-06-026) DO

In attendance: Emad Brahim, Applicant; Gerri Caruso, Administrative Hearing Officer; Diana O’Dell, Project Planner; and, Gloria Barron, Recording Secretary. 

Ms. Gerri Caruso, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.

Ms. Caruso announced the subject application.

Diana O’Dell, Project Planner, presented the staff report.  She summarized the subject application and stated that the Department of Neighborhood Preservation received a complaint regarding dancing at the location.  Staff stated that the previous Special Development Permit prohibited dancing unless a subsequent Special Development Permit was filed which was why the hearing was being held.  Staff explained the conditions that would need to be met in order to allow dancing at the location.  Staff was able to make the Findings for the Special Development Permit and recommended approval subject to the Conditions of Approval. 

Ms. Caruso asked staff if the law, in regards to the smoking lounge, only allowed recorded music or if the music could be performed by someone that was covered under the paperwork that was filed.  Staff stated that it might be possible but there is concern that if that were allowed it might be temping to hire acts and that would not be in compliant with the law. 

Ms. Caruso opened the public hearing.

Emad Brahim, Applicant, stated that he received and reviewed a copy of the staff report.  He agreed with the Conditions of Approval and had no questions or comments regarding the application. 

Ms. Caruso closed the public hearing.

Ms. Caruso approved the Special Development Permit with the Findings provided by staff and with the Conditions of Approval recommended by staff. 

Ms. Caruso stated that the decision is final unless appealed to the Planning Commission with payment of the appeal fee within the 15-day appeal period.

The meeting was adjourned at 2:10 p.m.

Minutes approved by:

Gerri Caruso, Principal Planner