HomeMy WebLinkAboutCC AG PKT 2015-05-11 #F AGENDA STAFF REPORT
DATE: May 11, 2015
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: A REQUEST TO AMEND THE SEAL BEACH
MUNICIPAL CODE PERTAINING TO AMPLIFIED
ENTERTAINMENT
SUMMARY OF REQUEST:
That the City Council determine whether to initiate an amendment to the Zoning
Ordinance to allow amplified entertainment subject to certain regulations.
BACKGROUND AND ANALYSIS:
Prior to 2011, live entertainment was allowed subject to a Conditional Use Permit
(CUP). There are several businesses in the community that currently provide live
entertainment with amplified music pursuant to a CUP. These businesses are
listed in the table below:
Live Entertainment with Amplified Music
Kobe Restaurant 3001 Old Ranch Live entertainment, Approved November 7,
Parkway amplified music 2007
Spaghettini 3005 Old Ranch Live entertainment, Approved September 4,
Restaurant Parkway amplified music 1991
Mahe 1400 Pacific Live entertainment, Approved February 22,
Restaurant Coast Highway amplified music 1995
Dave's Other 1500 Pacific Amplified music November 7, 1990
Place (Bar) Coast Highway
When the City's Zoning Ordinance was comprehensively updated in 2011, it was
amended to prohibit live entertainment with amplified instruments. Live
entertainment without amplification is still permitted pursuant to a CUP. Section
Agenda Item F
11.4.05.010.D of the Municipal Code (Allowable Incidental Business Activities)
currently states in part:
"1. Allowed Uses. The following activities are allowed when
deemed incidental to a legally established commercial
business, and when conducted in compliance with the
standards identified in subsection D.5, below:
a. Book or poetry readings in a cafe, restaurant, or bar;
b. Fashion show in a cafe, restaurant, or bar;
C. Parlor games or party games in a cafe, restaurant, or
bar;
d. Live, unamplified tableside entertainment performed
by no more than 2 individuals (including but not limited to a
singer, musician, instrumentalist, magician, balloon
entertainer, face painter or comedian) in a retail store,
gallery, restaurant, or cafe; and
e. Other uses as determined by the Director to be of the
same general character as those listed above, and not
objectionable or detrimental to surrounding properties and
the neighborhood.
2. Prohibited Uses. The following are prohibited as incidental
uses:
a. Dancing;
b. Karaoke;
C. Live music with amplified instruments; and
d. Stand-up performances from a stage and amplified
performances, such as by singers, musicians,
comedians or magicians.
3. Incidental Related Activities. Incidental activities customarily
related to the main business use (for example, exhibition of a
specific artist's work, including an opening reception in an art
gallery; book reading or signing in a bookstore) in compliance with
Chapter 11.5.25: Director Determinations shall comply with the
applicable standards identified in subsection D.5, below, but shall
be exempt from the permit requirements of following subsection
D.4.
4. Permit Required. The incidental activities allowed by this section
shall require City approval as follows:
a. For an activity that will occur less than weekly no permit is
required.
b. For an activity that will occur once a week, approval of a
Minor Use Permit in compliance with Chapter 11.5.20:
Development Permits.
C. For an activity that will occur more than once a week,
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approval of a Conditional Use Permit in compliance with
Chapter 11.5.20: Development Permits.
The Planning Commission may amend the specified days and times allowed
in an approved permit, without the public hearing and with noticing as
required for a Minor Use Permit, provided that the amendment does not
increase the total number of days or amount of time for the allowed activity.
5. Development Standards. In order for the accessory use to
be "incidental," all activities shall comply with the following
operational standards:
a. Location. The incidental activity shall occur only within the
interior area of the business, alongside the regular business
activity without replacing it at any time.
b. Frequency. The review authority shall determine the total
number of incidental activities to be allowed. The specific
days of the week and times allowed shall be specified in the
permit.
C, Outside Promoters. The incidental activity shall be part of
the primary business use and shall not be sponsored by an
outside promoter; however, an activity may benefit a non-
profit organization directly engaged in civic or charitable
efforts.
d. Admission Charges. There shall not be admission charges
to enter the business or any other cover charges based on
the incidental activity.
e. Noise Impacts. All activities shall comply with Section
11.4.10.020.8: Noise.
f. Traffic and Parking. The incidental activity must not
generate enough additional traffic to warrant the need for
additional off-street parking on a regular basis.
g. Adverse Impacts on Adiacent Areas. The incidental
activity shall not cause any additional adverse impacts on
neighboring residential or commercial property owners or
tenants."
Since 2011, two businesses have been granted CUPs for live unamplified music,
as listed in the table below:
Live Entertainment with Unamplified Music
Taco Surf 16281 Pacific Live entertainment, October 6, 2014
Coast Highway unamplified music
Glory Days 620 Pacific Coast Live entertainment, August 7, 2013
Highway unamplified
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Staff recently received an application from the owner of Taco Surf to amend the
Seal Beach Municipal Code to permit amplified entertainment. The property is
one of the two in the City that currently has a CUP to conduct live entertainment
in the form of musical performers with unamplified instruments.
If the City Council directs staff to prepare a Zoning Ordinance amendment to
allow live amplified music, staff recommends that it provide direction whether to
pursue one of the two following options:
• Prepare a Code amendment that would allow entertainment including
amplified music and instruments as a land use entitlement subject to a CUP.
This land use could be restricted to specific zones and would be subject to
conditions of approval that could address site specific problems related to
proximity to residential and other sensitive uses.
;rocedure.Prepare a Code amendment that establishes a new "entertainment permit"
Such a procedure would license individuals to provide live amplified
entertainment at their businesses, subject to conditions. Such a procedure
could be also be subject to a public hearing process or reviewed at the
administrative level with the Police Department and Community Development
Department.
ENVIRONMENTAL IMPACT:
The determination whether to initiate an amendment to the Zoning Ordinance to
allow live amplified entertainment does not constitute a project and therefore is
exempt from the State of California Environmental Quality Act (CEQA).
LEGAL ANALYSIS:
The City Attorney has reviewed this report and approved it as to form.
FINANCIAL IMPACT:
There is no financial impact with the review of current provisions.
RECOMMENDATION:
That the City Council determine whether to initiate an amendment to the Zoning
Ordinance to allow amplified entertainment subject to certain regulations.
SU MITTED.BY: NOTED AND APPROVED:
f
J,Jn Bash m i11 � . Ingram, City Moa er
Director of Community Development/Services
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