HomeMy WebLinkAbout4 - Zone Text Amendment 15-1 Re Allowable Incidental Business Activities SEAL *
ITEM
PLANNING COMMISSION NUMBER
AGENDA REPORT 4
4 .
TO: Planning Commission
FROM: Jim Basham, Community Development Director
DATE: September 8, 2015
SUBJECT: ZONE TEXT AMENDMENT 15-1 REGARDING,
ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES
LOCATION: CITYWIDE
RECOMMENDATION: That the Planning Commission hold a public hearing,
regarding Zone Text Amendment 15-1 and after,
considering all evidence and testimony presented adopt'
the draft resolution recommending approval of Zone
Text Amendment 15-1 to the City Council to repeal,
Section 11.4.05.010.D, Allowable Incidental Business
Activities
ENVIRONMENTAL ASSESSMENT:
This ordinance (Zone Text Amendment 15-01) is exempt from review under the
California Environmental Quality Act (California Public Resources Code §§ 21000, et,
seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because the amendment relates to existing rules and procedures governing
amplified and unamplified entertainment as an incidental business activity; consists
only:of the proposed modification and transfer of the existing zoning provisions into a
new chapter in the business regulations of the Municipal Code along with upgrades
and other revisions and clarifications to enhance the existing regulations and
procedures related thereto; and consists of actions taken to assure the maintenance,
protection and enhancement of the environment. The amendment therefore, does not
have the potential to cause significant effects on the environment. Consequently, it is
categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301,1
15305, and 15308, actions in compliance with the requirements of CEQA.
LEGAL NOTIFICATION:
Legal notice of the Public Hearing was published in the Sun Newspaper on August 27,
2015. An affidavit of publication is on file.
Zone Text Amendment 15-1
September 8, 2015
BACKGROUND:
On May 11, 2015, the City Council directed staff to move forward and prepare an
ordinance establishing a administrative permit process to be contained within the,,
business regulations of the City, governing amplified and unamplified entertainment
incidental to the primary business activity on a site, subject to regulations; and prepare'
a proposed zoning text amendment to repeal the existing incidental entertainment,
provisions from the Zoning Code.
ANALYSIS:
For the past several months, staff has been coordinating with the City Attorney's office I
on updating and improving the process for consideration of applications for permits to
allow incidental entertainment activities carried out in conjunction with existing :
businesses. After surveying other cities with similar geographical characteristics that
have incorporated entertainment provisions in the business regulations of their',
municipal codes rather than in their zoning ordinances, staff drafted an ordinance to
be presented to City Council which would transfer regulation of incidental
entertainment activities from the Zoning Code into the City's Municipal Code, and 11
which would provide an updated and more streamlined permit process, and provide a I
balance between the needs of the business community to attract patrons and the
interests of nearby residences and other uses to shield the them from adverse impacts
of incidental entertainment activities.
Currently, incidental entertainment activities are regulated in Section 11.4.05.010.D,
Allowable Incidental Business Activities, of the Zoning Code. Amplified entertainment
is prohibited and unamplified entertainment may be carried out in certain zones only:
when authorized as part of a conditional use permit, and only when incidental to a
primary use. The new administrative process would be incorporated as a new chapter
in the Municipal Code. An entertainment permit can be evaluated more efficiently at
the administrative level than through the zoning process with respect to issues such
as operational and performance requirements, code enforcement and police concerns,
and revocation issues, and an administrative process also offers flexibility when
analyzing each case submitted by an applicant with a unique entertainment request.
Since the current Zoning Ordinance prohibits amplified entertainment and also
requires a Conditional Use Permit for unamplified entertainment, staff prepared a draft!
ordinance for consideration by the Planning Commission that recommends elimination
of the current Zoning Code provisions that would conflict with the new ordinance to be
presented to the City Council. Staff intends to present the Planning Commission's:
recommendation to the City Council concurrently with the proposed new Chapter
containing administrative provisions for issuance of an incidental entertainment:
activities permit. Staff also plans to recommend to the City Council that as part of the
new ordinance, existing businesses with conditional use permits approved under the
current or prior zoning provisions would be grandfathered-in under the new ordinance, '
subject to their continued compliance with all conditions and requirements of those,
CUPS. The attached resolution also includes a request that the deletion of Section,
11.4.05.010.D not be effective until such time as the new Municipal Code Chapter,
become effective so that amplified and unamplified incidental entertainment activities
continue to be regulated by the City.
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Zone Text Amendment 15-1
September 8, 2015
CONCLUSION:
Staff recommends that the Planning Commission hold a public hearing regarding Zone
Text Amendment 15-1 and after considering all evidence and testimony presented
adopt the draft resolution recommending to City Council approval of Zone Text
Amendment 15-1 to the City Council.
Prepared by:
c
J Bash
D�rector of Community Development
Attachments:
1. Resolution No. 15-22, with Draft Ordinance
Page 3 of 3
ATTACH MENIT 1
RESOLUTION NO. 15-22
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF ZONE
TEXT AMENDMENT 15-1 TO REPEAL SECTION
11.4.05.010.D OF CHAPTER 11.4.05 OF TITLE 11 OF THE
SEAL BEACH MUNICIPAL CODE REGARDING
ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES AND
GRANDFATHERING-IN EXISTING BUSINESSES WITH
CONDITIONAL USE PERMITS
RESOLUTION NO. 15-22
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF ZONE
"TEXT AMENDMENT 15-1 TO REPEAL SECTION
11.4.05.010.D OF CHAPTER 11.4.05 OF TITLE 11 OF THE
SEAL BEACH MUNICIPAL CODE REGARDING
ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES AND
GRANDFATHERING-IN EXISTING BUSINESSES WITH
CONDITIONAL USE PERMITS
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE
Section 1. On September 8, 2015 the Planning Commission held a duly
noticed public hearing to consider Zone Text Amendment 15-1, which would amend
Title 11 Chapter 11.4.05 of the Seal Beach Municipal Code relating to zoning provisions
governing allowable incidental business activities as set forth in the draft ordinance
included as Exhibit"A"
Section 2. This ordinance (Zone Text Amendment 15-1) is exempt from review
under the California Environmental Quality Act (California Public Resources Code §§
21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§
15000, et seq.) because the amendment relates to existing rules and procedures
prohibiting amplified entertainment and allowing unamplified entertainment only as an
incidental business activity through the conditional use permit process; consists only of
proposed minor revisions and clarifications to existing regulations and adoption of
modified procedures related thereto through the concurrent transfer of the regulation of
incidental entertainment activities into another part of the Municipal Code, which such
actions are taken to assure the maintenance, protection and enhancement of the
environment. The amendment therefore, does not have the potential to cause
significant effects on the environment. Consequently, it is categorically exempt from
further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in
compliance with the requirements of CEQA.
Section 3. The Planning Commission recommends that the City Council adopt
Zone Text Amendment 15-1, subject to the following:
A. That the Zoning Text Amendment become effective only upon the City
Council's concurrent adoption of a new chapter in the Municipal Code providing an
administrative process governing permits for incidental entertainment activities which
regulates amplified and unamplified entertainment activities incidental to a primary
business activity.
B. That the new ordinance grandfather-in any existing business with a
current conditional use permit approved pursuant to Section 11.4.05.010.D, entitled
Allowable Incidental Business Activities, of Chapter 11.4.05 of Title 11 of the Seal
Page I of 7
Beach Municipal Code, or any predecessor ordinance, subject to their continued
compliance with the terms and conditions of approval of those CUPs.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on September 8, 2015 by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Steve Sloan
ATTEST: Chairperson
Jim Basham
Planning Commission Secretary
Page 2 of 7
l
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EXHIBIT A
DRAFT ORDINANCE �
ZONE TEXT AMENDMENT 15-1 E
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEAL BEACH
ZONE TEXT AMENDMENT 15-1 AMENDING CHAPTER 11.4.05
OF TITLE 11 TO REPEAL SECTION 11.4.05.010.D
REGARDING ALLOWABLE INCIDENTAL BUSINESS
ACTIV11-IES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Subject to Section 2 and 3 of this Ordinance, Section
11.4.05.010.D, entitled Allowable Incidental Business Activities, of Chapter 11.4.05
of Title 11 of the Seal Beach Municipal Code is hereby repealed as follows:
Q. Allowable Ineidental Buc-dneex-tis Activities.
1. Allowed Uses. The fellew6Rg artivities are allowed when deemed
iAGidental to a legally established GOMmerGial bus*ness, and when Gandueted
mplianGe with the sAORd-ards identified iR subs-eGt*GR D.5, below-
a. Book or peetFy FeadiRgS in a eaM, �estaWant, or baf1
b. F=ashiE)R show in a Gafb, Festaur-ant, eF-bar-,-
G. ParhaF games or paFty games in a GaM, Festawant, or bar;
d. Live-, unamplified tableside eRteFtainment PeFfGFFned by RG
Mere thaR 2 individuals (4;GIudiRq but Rot limited to a GiRger,
instFumentalist, magiraian, baliGOR entedaiRer, faGe
GOmedia;;) in a re it stem, galleFy, r-estauFaRt, 0
G46, and
ate_Other uses as determined by the-r1 ir°e er to be of the same
geneFal G GteF as these losted above, and not objeGtionable OF detFiFneRtal to
suFr-eunding pFoperties and the Reighberhaed-.
2. PFeNbgted Uses. The f0II0WiRg aFe pFahibited asiAGidental us
a. DaRcing-,
b. KaFaekel
G. Live MUSOG with amplified instruments; a
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d. Stand up peFfermanGes fFO a stage and amplified
pperformannest st tnh as by singeFSt m�aianst nnmedians Vr maAg-. jaarns. "`�
g. lnGo dental Related Aotn,itiec. Innvdental antiyities nttstemarily related
artist's
t t
opening FeGeptien in an art gallon,; beck reeding nr dinning in a heekste
GemplianEe- with Chapter 11..5.25. DireGter Determinations shall Gemmplly with the
appliGable standards identified OR subseGtien D.5, t but shal! be exempt fFeFn the
permit rest tirementc of•fnllnWng st Ibsen+inn DA
4• Permit Qegt tired. The t� l anfivities allow, by �c� ser
'R13C1'vTLlC.7�77v'YV .7�
a For an antivity that will 000t tr less than weekly no permit is
regt
h. Fer an anti„ity that will OGGUF enrec aa-week, appFeval of a
Minor Use PeFFn;t in GemplianGe with Chapter 20. Development PeFFnmtS
G. For aati"itt that will GGG tr mere than anneeek.
t
approval of a Conditional Use Permit in n nlian a with pte r 11.5.20-. Development
permit,PeFmits. The Planning Commiss" I lend the spedfeed days and tomes allowed OR
an appFeved without the publiG hearing and with nGtiGing as Fequ;Fed for a Manor
Use Permit, provided that the amendment does net inuease the tetal numbeF of days e
amount of time for the allowed aotivit"
5. Development StandaFds.. in E)Fder for the-aGresse , use to he
tt• n
t GOMply with the following epeFational •
a LeGatmen. The inGi,dental an shall n t tL.L. r only within the
c-rrrvtivcn-car-ac urrv""`". ".�.l �-rw crnrrcnti.
business,nteFiGF area of the
at any tiFne-.
h FFegQ np�, The re"ie�w, authority rite shall determine the t `email
numbeF Of iRGideRtal artivities to be allowed. The speGifiG days of the week and tomes
vrT ".."y The urry
allowed shall he spenified in the permit
G. Outside Promoters. The innirdental activity shall be part of the
primaFy business use —and shall Rot be spenseFed by aR outside t however, an
antivity may benefit a nnn_nrnfit organization ,direnth, engaged in rivin or nharitable
effcRnvns.
ra Admissi n Charges Th shall net he arlmiccinn nhargec to
Page 5 of 7
e. Noise imparAs. All aGtivities shall Gemply with SeratiGn
11.4.10.929.6- Neise.
f Tram and PaFki Thos incidental adivity m not efate,
. ng. e ust gen
enough additieRal tm#ir.to warrant the need for additional off stFeet paFking en a Fegullar
basis.
9. Adverse Imparats on Adjarent Areas. The ORGidental artivity
shall RGt Gause any additional adverse 'FnpaGts on neighbeFing Fesidential or remmemial
pFopeFty eWRer-s oF tenants.
Section 2. This Ordinance shall not become effective until the effective date of
an ordinance amending Title XXX of the Seal Beach Municipal Code to incorporate an
administrative process to regulate incidental entertainment activities carried out as part
of a primary business activity.
Section 3. The repeal of Section 11.4.05.010.13, entitled Allowable Incidental
Business Activities, of Chapter 11.4.05 of Title 11 of -the Seal Beach Municipal Code,
shall not impair, modify or revoke any conditional use permit granted pursuant to
Section 11.4.05.010.D of Chapter 11.4 of Title 11 of the Municipal Code, or any
predecessor ordinance. which such conditional use permit is still valid and in effect as of
the date of this Ordinance. All existing and lawful conditional use permits may continue
in full force and effect, subject to compliance with all conditions of approval including but
expressly not limited to any expiration date set forth in any such conditional use permits.
Any proposed change or modification of any existing conditional use permit shall require
an amendment to such conditional use permit in accordance with the conditions stated
therein, and compliance with the new Chapter regulating incidental entertainment
activities adopted concurrently therewith.
Section 4. Savings Clause. Neither the adoption of this Ordinance nor the
repeal or amendment by this Ordinance of any ordinance or part or portion of any
ordinance previously in effect in the City or within the territory comprising the City, shall
in any manner affect the prosecution for the violation of any ordinance, which violation
was committed prior to the effective date of this Ordinance, nor be construed as a
waiver of any license, fee or penalty or the penal provisions applicable to any violation
of such ordinances.
Section 5. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance or any part thereof is for any reason held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this ordinance or any
part hereof. The City Council of the City of Seal Beach hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Page 6 of 7
Section 6, The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and posted
in the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the nd day of_, 2015.
Ellery A. Deaton
Mayor
ATTEST: APPROVED AS TO FORM
Tina Knapp Craig Steele
Acting City Clerk City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF SEAL BEACH
1, Tina Knapp, Acting City Clerk of the City of Seal Beach, do hereby certify that
the foregoing Ordinance was introduced for first reading at a regular meeting held on
the _nd day of , 2015 and was passed, approved and adopted by the City
Council at a regular meeting held on the nd day of 2015 by the following
vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
and do hereby further certify that Ordinance Number has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
Tina Knapp
Acting City Clerk
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