HomeMy WebLinkAboutCC AG PKT 2015-09-28 #J AGENDA STAFF REPORT
DATE: September 28, 2015
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: AN ORDINANCE ADDING CHAPTER 5.80 TO TITLE 5
OF THE SEAL BEACH MUNICIPAL CODE RELATING
TO INCIDENTAL ENTERTAINMENT ACTIVITIES AND
SUPERSEDING AND REPEALING SECTION
11.4.05.010.D OF CHAPTER 11.4.05 OF TITLE 11
RELATING TO ALLOWABLE INCIDENTAL BUSINESS
ACTIVITIES
SUMMARY OF REQUEST:
That the City Council conduct a public hearing and, upon conclusion, introduce
and conduct first reading of Ordinance No. 1648, adding Chapter 5.80 to Title 5
of the Seal Beach Municipal Code relating to incidental entertainment activities
and superseding and repealing Subdivision (D) of Section 11.4.05.010 of
Chapter 11.4.05 of Title 11 relating to allowable incidental business activities.
BACKGROUND:
On September 8, 2015 the Planning Commission reviewed a draft ordinance
recommending to City Council the repeal of Section 11.4.05.010.D of Chapter
11.4.05 regarding allowable incidental business activities. During the hearing the
Commissioners commented that along with repealing certain provisions in the
Zoning Ordinance relating to entertainment and the creation of new standards
and procedures to allow incidental entertainment, the City Council should also
consider the Commission's list of recommendations. At the conclusion of the
hearing, staff explained that these standards were being included in the new draft
ordinance that will be presented to the City Council. The Commission voted 2-1
and forwarded to City Council an ordinance regarding allowable incidental
business activities. The Planning Commissions list of recommendations is as
follows:
1. Prior to a decision on an application to conduct entertainment at a
business, notification should be provided to residents within 500 feet of the
business establishment.
Agenda Item
2. Notification should be provided to residents a minimum of 10 days prior to
any public meeting.
3. Clarification should be provided as to what the review process will be.
4. Clarification should be provided as to who the decision maker will be in the
process.
5. There is concern that a level of the democratic process is being removed.
6. Identify what the level of redress will be for residents who are disturbed by
entertainment establishments.
7. Viewing of the democratic process should be provided, such as through
televised meetings.
8. Decisions should not be made by one individual.
9. Protection of residents should be a consideration in the decision process.
10.A streamlined process should be a goal of the new regulations.
11.Consider potential liabilities associated with any new procedures.
ANALYSIS:
For the past several months, staff has been coordinating with the City Attorney's
office 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 which would transfer regulation of incidental entertainment
activities from the Zoning Code into the City's Municipal Code, and which would
provide an updated and more streamlined permit process, and provide a 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 that recommends elimination of the current
Zoning Code provisions that would conflict with the new ordinance. The new
ordinance would grandfather-in existing businesses with conditional use permits
Page 2
approved under the current or prior zoning provisions subject to their continued
compliance with all conditions and requirements of those CUPs.
ENVIRONMENTAL IMPACT:
This ordinance 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, 15305, and 15308, actions in compliance
with the requirements of CEQA.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
LEGAL NOTIFICATION:
Legal notice of the Public Hearing was published in the "Sun" newspaper on
September 17, 2015.
FINANCIAL IMPACT:
There is no financial impact for this item.
RECOMMENDATION:
That the City Council conduct a public hearing and, upon conclusion, introduce
and conduct first reading of Ordinance No. 1648, adding Chapter 5.80 to Title 5
of the Seal Beach Municipal Code relating to incidental entertainment activities
and superseding and repealing Subdivision (D) of Section 11.4.05.010 of
Chapter 11.4.05 of Title 1.1 relating to allowable incidental business activities,
SUB t& BY: NOTED AND APPROVED:
Jim slarru J` Ingram, City-Manoor
Dire o "e C m1riunity De�eloprRent
Attachment:
A. Ordinance No. 1648
Page 3
ORDINANCE NO. 1648
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
CHAPTER 5.80 TO TITLE 5 OF THE SEAL BEACH MUNICIPAL
CODE RELATING TO INCIDENTAL ENTERTAINMENT ACTIVITIES
AND SUPERSEDING AND REPEALING SECTION 11.4.05.010.D OF
CHAPTER 11.4.05 OF TITLE 11 OF THE SEAL BEACH MUNICIPAL
CODE RELATING TO ALLOWABLE INCIDENTAL BUSINESS
ACTIVITIES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 5.80 entitled Incidental Entertainment Activities is hereby
added to the Seal Beach Municipal Code to read as follows:
"Chapter 5.80
INCIDENTAL ENTERTAINMENT ACTIVITIES
5.80.005 Definitions
For the purposes of this Chapter, the following words and phrases shall mean:
A. Ambient Music: Prerecorded, broadcast or satellite music played at the
premises or building.
B. Director or Director of Community Develo meat: The Director of
Community Development of the City of Seal Beach, or his or her
designee.
C. Entertainment:An event or series of events or activities, or a business or
use, occurring as incidental of another event, activity, business, or use, to
which the public is invited to watch, listen or participate (excluding
dancing) or is conducted for the purpose of holding the attention of,
gaining the attention of or diverting or amusing guests or patrons,
including but not limited to live music, singing, (including but not limited to
karaoke), recorded music played by a disc jockey (DJ), ambient music,
amplified music or unamplified music, or other performance, whether or
not said activities are accompanied by music or rhythm, which is
occurring, conducted or taking place inside or outside a building and
attended by members of the public.
5.80.010 Allowable Incidental Entertainment Activities
A. Allowed Activities. The following types of entertainment are allowed only
when determined by the Director of Community Development to be
incidental to a legally established business or other use, and only when
conducted in compliance with the standards identified herein and subject
to an Incidental Entertainment Permit issued in compliance with this
Chapter-
1, Book or poetry readings in a cafe, restaurant, bar, or other business
or use;
2. Fashion show in a cafe, restaurant, bar, or other business or use;
3. Parlor games, party games or karaoke in a cafe, restaurant, bar, or
other business or use;
4. Live, amplified or unamplified tableside entertainment performed by
no more than 4 individuals (including but not limited to a singer,
musician, instrumentalist, magician, balloon entertainer, face
Ordinance Number 1648
painter or comedian), or ambient music in a retail store, gallery,
restaurant, cafe or any other business or use;and
5. 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.
B. Prohibited Entertainment Activities. The following activities are
prohibited at all times as primary uses or incidental entertainment
activities:
1. Dancing;
2. Performances by singers, musicians, comedians, actors,
magicians, or other entertainers of any kind, whether or not from a
stage; and
3. Any other entertainment activities not listed in this Chapter
5.80.020 Incidental Entertainment Permit and Approval Procedures
A. Parmit I eguired„ An Incidental Entertainment Permit issued by the
Director of Community Development shall be required for all incidental
entertainment activities except as provided in subsection A(1) of this
section.
1. Exception. Incidental entertainment activities proposed as a special
event shall require approval of a special event permit pursuant to
Chapter 7.50 of this code.
B. Application Content. Any person or entity desiring to obtain an Incidental
Entertainment Permit shall file a written application with the Community
Development Department. Applications must be accompanied by the filing
fee established pursuant to subsection C. Each application shall contain
mailing labels and all information deemed necessary by the Director to
provide the information required by this chapter, and shall be signed under
penalty of perjury verifying the truth, correctness, and accuracy of all facts
and information contained in the application to the best of the applicant's
knowledge.
C. Fees. The initial application fee, the renewal fee, and all appeal fees for
an Incidental Entertainment Permit shall be set by resolution of the City
Council.
D. Public Notification.
1, At least ten (10) days prior to taking action on the application for an
Incidental Entertainment Permit, public notices shall be issued by
mail to the following:
• All property owners of record and building occupants within a
500 foot radius of the business property line;
• All neighborhood and community organizations that have
requested notice of projects in the area where the site is located
in writing; and
• Any person or group who has provided a written request for
notice regarding the application.
2. Prior to or concurrently with mailing notice, the Director shall post
notice of the application on the subject property.
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Ordinance Number 1648
E. Public Meeting; Notice of Decision. The Director of Community
Development shall conduct a public meeting on the application within ten
(10) days of receipt of a complete application. The public meeting shall be
conducted in an informal manner. The applicant and all interested persons
may appear and present oral or written testimony at the public hearing
with regard to the application, and the meeting shall be recorded. The
Director shall give due consideration to any written or verbal comments
received prior to or at the public meeting and shall render a decision to
approve or deny the Incidental Entertainment Permit application within
fourteen (14) days after the conclusion of the public meeting. The
Community Development Department shall provide written notice of the
decision to the applicant and any other person who requested notice.
F. Grounds for 60roMl or Denial. The Director of Community
Development shall not approve an Entertainment Permit unless the
Director makes all of the following findings:
1. The facts and information presented in the application are
complete, true, correct, and accurate based on the evidence in the
record and the applicant has not made any false, misleading, or
fraudulent statement or omission of a material fact in the
application;
2. The business or other use for which the Incidental Entertainment
Permit is proposed is being operated in accordance with federal
and state law, city ordinances, and the conditions of any other
regulatory permit, land use permit or entitlement;
3. The proposed incidental entertainment activities are located in a
zone permitting the entertainment under Title 11 of this code;
4. The proposed incidental entertainment activities will meet and
comply with all of the operational standards and entertainment
restrictions stated in sections 5.80.020.G and 5.80.020.H of this
chapter;
5. The applicant has not allowed intoxicated persons in the building or
other premises, or loud or raucous noise, disturbance of the peace,
or other interference with the neighbors'peaceful enjoyment of their
properties;
6. The proposed incidental entertainment activities will not interfere
with traffic or pedestrian access along adjacent or nearby rights of
way, or off-street parking requirements;and
T If the application is for renewal of or a new Incidental Entertainment
Permit, the applicant has not violated provisions of the previous
permit or the ordinances or regulations of the city or state or federal
law in the conduct of the previous incidental entertainment
activities.
If the Director is unable to make all of these findings, the Director shall
deny the Incidental Entertainment Permit.
G. D erational Standards. In order to ensure that the entertainment shall be
only accessory and incidental to the primary use, and that the
entertainment does not interfere with any other business, use or activity in
surrounding areas, all incidental entertainment activities shall comply with
the following operational standards:
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Ordinance Number 1648
1. Duration;Expiration Date. The duration and expiration date of an
Incidental Entertainment Permit shall be specified in the permit. An
incidental Entertainment Pet77it shall expire either (a) one year
from date of approval of the permit or (b) July 1st of the year
immediately following approval of such permit, whichever occurs
later, unless the permit is renewed in accordance with Section
5.08.030.
2. Location. The incidental entertainment activities shall take place
only within the interior area of the business or other use, and only
during the primary business activity without replacing the primary
business activity at any time.
3. Fre uenc r, The Director shall specify the total number of incidental
entertainment activities and the specific days of the week and times
the incidental entertainment activities shall be allowed in the permit.
4. Outside Promoters. The incidental entertainment activities shall
be part of the primary business use and shall not be sponsored by
an outside promoter or other outside person, entity, or organization;
however, the entertainment may benefit a non-profit organization
directly engaged in civic or charitable efforts.
5. Admission Charge . There shall not be admission charges to
enter the business or any other cover charges based on the
incidental entertainment activities.
6. Noise Impacts. All incidental entertainment activities shall comply
with Section 11.4.10.020.8: Noise including the requirements set
forth in this Chapter.
7. Traffic and Parkinx. The incidental entertainment activities shall
not generate enough additional traffic to warrant the need for
additional off-street parking on a regular basis.
S. Adverse Im acts on Ad acent Areas. The incidental
entertainment activities shall not cause any additional adverse
impacts on neighboring residential or commercial property owners
or tenants, including but not limited to, loitering, consumption of
alcoholic beverages in any parking lot or on any other private or
public property, public drunkenness, disorderly conduct, littering,
obstruction of free access on any public sidewalk or public street,
fighting, or any other conduct that constitutes a public nuisance.
9. Freedom of Speech. No condition may be imposed pursuant to
this chapter that suppresses or regulates expression in any manner
contrary to law.
H. Entertainment Restrictions. The Director of Community Development
may impose additional restrictions on the Incidental Entertainment Permit
to protect the health, welfare and safety of the surrounding businesses
and uses, including but not limited to the following:
1.. The applicant shall submit to the Community Development
Department a sound survey prepared by a licensed engineer
showing that the proposed incidental entertainment activities will
not create undue noise or vibration that will violate the
entertainment restrictions as a condition of any of the following:
a. To provide incidental entertainment activities as part of a
new business or other new use at a building or other
premises;
4
Ordinance Number 1648
b. To provide incidental entertainment activities at an existing
business or other use at a building or other premises;or
C. To provide incidental entertainment activities at any business
or other use that is the subject of an application for a building
permit, business license, or land use entitlement authorized
under any other provision of this code.
Z Incidental entertainment activities shall be conducted so that all of
the following requirements are met:
a. The incidental entertainment activities shall not be audible
beyond the exterior walls of the business in any direction,
including sound and vibration.
b. All doors and windows shall be closed during all incidental
entertainment activities to minimize noise and vibration
impacts.
3. The premises shall have sufficient sound absorbing insulation such
that noise and vibration generated within the building or other
premises shall not be audible outside the exterior of the premises.
4. The incidental entertainment activities taking place at the business
or other use shall be only those activities authorized by the
Incidental Entertainment Permit and/or in the license issued by the
State of California Alcoholic Beverage Control, conditional use
permit or any other restriction issued by any regulatory power with
authority over the business, use premises.
5. All areas of the business or other use that are accessible to patrons
shall be illuminated to make easily discernible the appearance and
conduct of all persons in the business.
6. The permittee shall comply with any other applicable permit or law
that prohibits presence of persons under the age of 21. Persons
under the age of 21 who are otherwise lawfully present in the
building or other premises shall be accompanied and under the
care of a parent or legal guardian at all times.
7. Except as otherwise provided in any conditional use permit or other
land use entitlement, all incidental entertainment activities shall be
limited to the hours of 6:00 p.m. to 10:00 p.m. on Monday through
Thursday and the hours of 6:00 p.m. to 11:00 p.m. on Friday and
Saturday.
8. The Director of Community Development may require that the
business operator or other permittee provide a state licensed,
bonded and certified security guard(s) during the hours that the
incidental entertainment activities are provided to ensure that all
operations on the premises shall comply with all conditions of
approval, including but not limited to restrictions regarding noise,
vibration, use of back door, litter, access, windows and doors being
closed, and other conditions imposed to prevent any other adverse
impacts on the neighborhood.
9. The Director may require installation of security cameras and/or
other security measures to prevent any adverse impacts on
surrounding businesses or other uses.
5
Ordinance Number 1648
10. The occupancy limit established for the business or other use shall
be clearly posted at the front and rear of the interior building and
shall not be violated at any time.
11. The incidental entertainment activities shall be restricted to the
enclosed interior area of the business or other use. Outside
entertainment shall be prohibited at all times.
12, Every permittee shall agree to defend, indemnify and hold harmless
the City from any and all claims, lawsuits or actions arising from the
granting of or the exercise of the rights permitted by an Incidental
Entertainment Permit, in a form satisfactory to the City,
13. No Incidental Entertainment Permit shall be effective until the
applicant submits a signed and notarized City-approved
acceptance of conditions form.
14. A copy of the Incidental Entertainment Permit and all restrictions
and conditions of approval shall be kept on the premises at all
times and made available to any code enforcement officer, city
peace officer or other city employee upon request.
I. Appeal. Within ten (10) days following the final decision of the Director of
Community Development to grant or deny an Incidental Entertainment
Permit, any interested person may appeal the Director's decision subject
to the provisions set forth in Title 1, Chapter 1.20 of this code. The city
council shall be the hearing officer for the purpose of such appeal
procedure, and the decision of the city council shall be final.
J. Land Use Permits or Approval& Compliance Re uired. Approval of
an Incidental Entertainment Permit pursuant to this chapter shall not
constitute approval or modification of any conditional use permit, variance
or other land use permit, entitlement or approval required under Title 11 or
any other provision of this Code. At all times the permittee shall comply
with all applicable requirements and approvals of the Incidental
Entertainment Permit, any such other permit, entitlement or approval, and
all other requirements of this Code in order to conduct the incidental
entertainment activities in the building or other premises. Violation of any
provision of the Incidental Entertainment Permit, any other permit,
entitlement, or approval, or any provision of the Code, will result in
revocation of the Incidental Entertainment Permit.
K Permits Not Transferable. An Incidental Entertainment Permit approved
pursuant to this chapter is not transferable to any other person, use,
building, premises, or location.
5.08.030 Renewal of Incidental Entertainment Permit. An Incidental
Entertainment Permit may be renewed annually by the permittee subject to
compliance with all of the following provisions.
A. Deadline for Renewal Application.
1. A renewal application shall be filed either (a) at least thirty (30)
days prior to the expiration date set forth in the Incidental
Entertainment Permit or (b) by June 1St of the year immediately
following the permit approval, whichever occurs later.
2. The city shall not accept a renewal application that is submitted
after the applicable filing deadline set forth in subsection (1), and
failure of a permittee to file a complete renewal application by the
deadline shall constitute a waiver of the right to request renewal of
the permit.
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Ordinance Number 1648
3. Any permit not renewed pursuant to this section shall expire upon
the expiration date set forth in the permit, and not later than one
year after the prior expiration date. No new Incidental
Entertainment Permit shall be approved for the same business or
location for twelve(12)months after the effective date of expiration.
B. Application Contents and,Fee. An application for renewal shall be filed
on the city form and shall contain mailing labels and all other information
required by the city, along with the renewal fee established by resolution
of the city council.
C. Public Notice and li<!leetin .
1.,. For the first renewal application, the city shall provide public notice
and conduct a public meeting in accordance with the procedures
set forth in subsections D and E of section 5.08.020.
2.. For all subsequent renewal applications for the same incidental
entertainment activity at the same location, no public meeting shall
be required. Upon receipt of the subsequent renewal application,
the Director shall: (a) provide ten days written notice of such
renewal application to the persons identified in subsection D of
section 5.08.020 and any other person who previously requested
notice of a subsequent renewal application; (b)consider any written
or oral comments submitted by interested persons to the Director
within that ten-day period; and(c) issue findings and, if the renewal
permit is approved, impose conditions and restrictions in
accordance with Subsection D of this section 5.08.020. The
Community Development Department shall provide written notice of
the decision to the applicant and any other person who requested
notice.
D. Approval or Denial of Renewal Application; Operational Standards
and Entertainment Restrictions. A renewal application shall not be
approved unless the Director is able to make all of the findings set forth in
subsection F of section 5.08.020; and if the Director is unable to make all
of the findings set forth in subsection F of section 5.08.020, the renewal
application shall be denied. In approving a renewal application, the
Director shall impose conditions to ensure compliance with the operational
standards and entertainment restrictions contained in subsections G and
H of section 5.08.020.
E. Duration of Renewal Permit, The period of renewal of any Incidental
Entertainment Permit shall not exceed the later of(1) one year from date
of approval or (, ) July 1St of the year immediately following the date of
approval. The duration and expiration date of the renewal permit shall be
specified in the permit.
F. Expiration of Permit. If the permittee fails to submit an application for
renewal by the 30 day deadline set forth in subsection A of this section, or
the Director denies the renewal application, the Incidental Entertainment
Permit shall expire according to its terms on the expiration date specified
in the renewal permit. Upon expiration of the renewal permit, all incidental
entertainment activities shall immediately cease.
5.80.040 Procedures for Revocation or Suspension of Permit and
Imposition of Administrative Fines. Violations of this chapter and any
Incidental Entertainment Permit issued pursuant to this chapter may be
processed and determined in accordance with the provisions of this section.
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Ordinance Number 1648
A. Revocation of Permit - Grounds. The Director of Community
Development may revoke an Incidental Entertainment Permit if the
Director makes any one of the following findings:
1. The permit was obtained by misrepresentation or fraud;
2. The operational standards or entertainment restrictions of the
permit have been violated;
3. The entertainment authorized by the permit is in violation of any
provision of this chapter or this code, or any other statute,
ordinance, law, or regulation, or constitutes a nuisance;or
4. The permittee, or owner or occupant of the business or property is
conducting the business or other use of the property in violation of
any statute, ordinance, law, or regulation or in a manner that
constitutes a nuisance.
B. Penalty for First Offense--Administrative Fine;A eat.
1. Administrative Fine,. If the Director or any other citation authority
makes any of the findings set forth in subsection A of this section,
the citation authority shall issue an administrative fine in the amount
of$100.00 for a first offense, pursuant to the procedures set forth in
Chapter 1.15 of Title 1 of this code.
2. Effective Date. The citation authority's decision imposing an
administrative fine for a first offense shall be effective upon the date
of service of the citation in accordance with subsection D of section
1.15.015 of Chapter 1.15 of Title 1 of this code.
3. Arapea Within ten (10) days following the final decision of the
citation authority imposing an administrative fine for a first offense,
any interested person may appeal the administrative fine subject to
the provisions set forth in Title 1, Chapter 1.15 of this code.
C. Penait for Second Offense Administrative Fine and Revocation.
1. Revocation and Administrative Fine. Following a noticed public
meeting, if the Director makes any of the findings set forth in
subsection A of this section for a second offense occurring within
the same 12-month period as the first offense, the Director shall
impose a$200 fine and revoke the Incidental Entertainment Permit.
2. Public Meting, Decision. The Director shall conduct a noticed
public meeting on the proposed revocation of the Incidental
Entertainment Permit and proposed imposition of an,administrative
fine for a second offense in accordance with the following
provisions:
a. Notice of Public Meeting. The Director shall post and
provide written notice of the public meeting to the permittee
and all other persons listed in Section 5.08.020.D of this
chapter at least 10 days before the public meeting. The
notice shall state (i) the proposed action (proposed
revocation of the Incidental Entertainment Permit and
proposed administrative fine); (ii) the name and address of
the permittee and the business or other use; (iii) the reason
or reasons for the proposed action; and (iv) the time and
place of the public meeting.
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Ordinance Number 1648
b, Conduct of Public Meeting. At the public meeting, the
permittee and all interested persons may appear and
present oral or written testimony with regard to the proposed
action. The public meeting shall be recorded.
C. Director's Decision; Service. The Director shall give due
consideration to any written or verbal comments or
documentation received prior to or at the public meeting, and
shall render a written decision to revoke the Incidental
Entertainment Permit and impose an administrative fine
within fourteen (14) days after the conclusion of the public
meeting. The Community Development Department shall
mail written notice of the decision and an affidavit or proof of
service to the permittee and any other person who requested
notice of the Director's decision.
d. Final Decision. The decision of the Director to revoke an
Incidental Entertainment Permit and impose an
administrative fine shall be final upon the date of service of
the decision by mail in accordance with subsection C(2)(b)of
this section 5.08.040.
4. Aggeal of Director Decision. Any appeal of the Directors
determination to revoke an Incidental Entertainment Permit and
impose an administrative fine for a second offense shall be subject
to the provisions of section 5.80.050 of this chapter. The Director's
decision to impose an administrative fine and revoke the
Entertainment Permit for a second offense shall be effective on the
date following the expiration of the applicable appeal period
described in subsection A of section 5.80.050, unless an appeal is
timely filed pursuant to subsection A of section 5.80.050..
5. Citation Authority, For purposes of issuing administrative fines for
a second offense, the term "citation authority"as defined in section
1.15.010 of Chapter 1.15 of Title 1 means only the Director of
Community Development and his or her designee.
5.80.050 Apgoal Procedure for Second Offense, —Rhe and Revocation.
Appeals of the Director's decision to impose an administrative fine and revoke an
Incidental Entertainment Permit for a second offense shall be subject to the
following procedures.
A. Deadline to Agpeei. Within ten (10) days following the final decision of
the Director of Community Development to revoke an Incidental
Entertainment Permit and to impose an administrative fine for a second
offense pursuant to subsection C(1) of section 5.80.040, any interested
person may appeal the Director's decision subject to the provisions set
forth in Title 1, Chapter 1.20 of this code.
B. Heal nA Officer. The city council shall be the hearing officer for the
purpose of such appeal procedure, and the decision of the city council
shall be final.
C. Waiver
° Final Decision. Failure to file a written appeal in accordance
with the time deadlines set forth in this section shall constitute a waiver of
the right to appeal an administrative fine and revocation for a second
offense, and the decision of the Director shall be final. Failure to properly
and timely appeal in accordance with the time deadlines set forth in this
chapter shall constitute a failure to exhaust administrative remedies and a
bar to any judicial action pertaining to the decision of the Director.
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Ordinance Number 1648
5.08.060 Permits Following Revocation. No new Incidental Entertainment
Permit shall be approved for the same business or location for twelve (12)
months after the effective date of revocation.
5.80.070 Existing Businesses With Lawfully Established Incidental
Entertainment Activities Prior to Chapter Effective Date
A. Continuance of Lawful Activities. Notwithstanding any other provision
of this chapter, any business or other use which, prior to the effective date
of this chapter, received approval of a conditional use permit allowing
incidental entertainment activities pursuant to Chapter 11.4.05, Section
11.4.05.010.D, Allowable Incidental Business Activities, or any
predecessor ordinance, may continue such lawfully approved incidental
entertainment activities pursuant to the terms and conditions of such
conditional use permit without complying with the requirements of this
chapter, provided that all of the following are met.
1, The owner and operator of the property conduct such incidental
entertainment activities in accordance with the conditions and
requirements of the conditional use permit and all other provisions
of this code; and
2. There are no code violations on such property or use;and
3. The use authorized by such CUP continues and has not been
abandoned as provided in this code.
The adoption of this chapter shall not modify any of the terms and
conditions of such conditional use permit, which shall remain in full force
and effect.
B. Modifications bypermittee. Any permittee who proposes a change or
modification to the incidental entertainment activities authorized under an
existing conditional use permit shall be required to amend such conditional
use permit in accordance with its conditions and comply with the
provisions of this chapter.
C, Violations. In the event that (1) the incidental entertainment activities
authorized by a previously issued conditional use permit are not
conducted in accordance with the requirements of such CUP, or(2) such
use has been abandoned as defined by city ordinance or other law, or(3)
any other violation of the code occurs on such property, the City may take
such steps to enforce the conditional use permit and code and/or revoke
such permit as provided by law. Nothing in this section shall preclude the
city from revoking a CUP or taking such other actions as may be
warranted under any other provisions of this code.
5.80.080 Remedies cumulative. Any violation of this chapter may be
prosecuted civilly or criminal as provided by Chapter 1.15 or as otherwise
provided by law. All remedies set forth in this chapter are cumulative and non-
exclusive."
Section 2. Section 11.4.05.010.D of Chapter 11.4.05 of Title 11 relating to
allowable incidental business activities is hereby superseded and repealed as follows:
D.-.._—Aflowa t In ide us nese o v iwe .
- i .....feltowing--a vibes re-ailowe"hen
deemed--4noident "o---a-4egatiy stabtished eem aid
business,- nd- h+ter-. endeeted-iA---oom ee-withµ-t#e
standards-identifiert4"u seeder-D-S,below-;
10
Ordinance Number 1648
o..........
�rloraor aaese me „wee� rea r
taF,
d:-.................L4v ,-bier' li€ie"abkeeide--e t i meet....pe rn
by---no-more- dividualew--inoI di"u of
kirnitod. :t �..-..-elr� ,ieie instfurne s lief;
' 'an;�ialloon---entortainer�a;- -aintor-�or
than}-i�-re �are.;- kkr.�etar,�t ;ar
and
e,—Other-yea,-a"e reaine ay4hemm-0ireotGr4"e- -the
sa-me--general--eharaoter-as--those4; +
_.w.eltierrab4eerdetrierat to su,FGUMjAg
ro ertiee- race-t-he-Aeighbor-hood-:
:- r hibite”-sos--Tire- llow WoNbited-aaA iAddeAt"es
a.r._.D„ag,�
b:---Karaoke„
e:- ve-mosi r ith p,li ied-instr+iment ,n
d-.--.-Stand-u rfefmaneees--4orn-a -s ed---arr*il' d
perlbrr range i-sa of es.by- ingeers'm-uai ians,,-oo ediaes
er 'ans:
:---Incldentai4Relat d etivitiesAneidental-aotMties-- rste arily
re4,srted4o t"-main.business-use-(-t r example"-ex-hibitien-of a
speejio-ar-tist"s wo*, ine4u i openieg4eception-.ins art
gallory�boolr-�reading--nor—signing--ie-- --• stero --in
ceniphanc---wRh--Cl-)apter--44.6 b: ...l ireeter-- eter4ninatioes
sh rlk-eornply--wRh--4he---aWieablo--.standards-....identktied-..in
subseotien-1 „below„.--but-shall-be-exempt--.free+-the-pefmA
requireinents-of-f rgWsub6eetio
4-.-----1 errnit-Requir e-neideetal-activities- a ed^-bye--his
sect e- shall r r-e dy-approval-as-follows;
a:- o iivityr---that- riH--occur-less-khan--weekty-no
perrni ired
b: ...-por en-activity°that wdl oeeur.once°-a- eel -apps ahof
”nor.--.IJse.--�ere�lt--.-ire-eorr►plir�ce� ith-p011�apter
�:�-feel o�an�re�wt-�er+ its;
--For an-aeti+,ity-that-wikl--ocour- ore_han-onee-a eel(;
approara nditronral-t l -errant--inornpkianoe
with--Ghapter�--l-1- AL-Ddvelopi ent- erfnitsa"fie
Planning Qoa mission-rte-amend--the-specified- ys
an"rrres-ello er 4n—an-approved pwmit, without-the
public--hearing-and-with-noticing- sw-requires-or a
Minor-M er it, provided-4hat4he-a ent does
no W e�otalurnber-o#'-daysµor-ar�sount-of
time-for-t lowed-activity:
5-.--- -1 rnent-rtatidards 4n--order-for--t ess,GF"se4o
bo--"�insidontel,""�alN�-actaitsos-s#arcllorpky-with-the--flloing
op retionalmstandard&
11
Ordinance Number 1648
a. t-ooation,T eid trtat-act vit-"haln oe ur--enty-within
t4ie-i t io fea. f..th ..t ", tongside-the-fegulaf
- l
busin etivtty-without- pWdniot-at-ae -tl .
b----Fr ue sy.:The-.r vievw uthority�all-det ne-the
toW-purAber- inodenW-activity to 9 e- he
speeifio-days-of d-times-aN4owve -Shalt-be
s ` -in-the-permit.
e-�--Outside-Promoters. he,4n ' n1al-,aetivity--shalf..ube
part--of-tlae��rlraaryusir{ess-ue-an Ilmmr --l'ae
spGnsored-ley--art.--outside_-pr.omoter-;--�cawever an
ae ivlty-i,n y-benefi"-n rofit-organization-dir #ly
enga g ire eivio-carshadtabf - tarts:
d..-----_..-Ads+ssion-Char es,- -There--°shail ot-be-admission
eh rge" t,er-the-°-business_..pr any thef-eover
oha aced-o"he4Adde tMty-
e—Noise-ImpaGts:All etiviti+e shall--comply-with-m twon
.14424D:841ois e
f.°°°-.........Tref# an �rltrg.:Tireirltatalaacttvit °must-net
gene te-enGugh-add tiona4raffio-to warranHhe eed
for-additional.°offwst,reet-parl ing-o"- ar-basis:
g......_.......Adverse_lmpaetsaw�jaserat Areas ' r� el
activity--shatl--not eause°--any addilkwal ad-verse
imp n-neighbors identia"F--,Gomfnercial
prra -ownersror-tints:
Section 3. 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 4. 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.
Section 5. 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 28 sf"day of Se ember, 2015.
Mayor
ATTEST:
Acting City Clerk
12
Ordinance Number 1648
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, 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 28°h day of Se tember,, 2015 and was passed, approved, and adopted by the City
Council at a regular meeting held on the 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 1648 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
Acting City Clerk
13