HomeMy WebLinkAboutCC AG PKT 2015-10-12 #L AGENDA STAFF REPORT
DATE: October 12, 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 continued 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;
or provide direction to staff regarding alternate provisions that should be
included.
BACKGROUND/ANALYSIS:
At its meeting of September 28, 2015 the City Council received staff's
presentation and public testimony on the draft Ordinance relating to incidental
entertainment activities. During the hearing, the Council discussed several issues
and ideas for implementing a permit process that allows entertainment and
continued the public hearing. A number of suggestions staff received included
the following:
• Create an ordinance that has a trial period or is temporary or seasonal in
nature to allow City Council and the community to evaluate the permit
activity, or permit activities at limited times during the year;
• Modify the Ordinance to include the Planning Commission as the review
body with a public hearing process for entertainment permits that do not
run with the land, or require a Conditional Use Permit that would run with
the land.
Agenda Item L
Create an overlay district or rezone the area along the southerly end of the
City's boundary along Pacific Coast Highway and Anderson Street.
Limit the number of days during the week on which the entertainment
activity can occur.
+ Insert provisions into the Ordinance that limit the number performers to
two (2) in the Main Street Specific Plan area.
As a result of the number of suggestions and concerns identified by City Council
staff suggests that the following changes could be made to the draft ordinance, if
it is the pleasure of the City Council:
• Make the Ordinance temporary in that will expire after 12 months unless
extended by the City Council. During the initial period, evaluate the
businesses that have temporary permits and conduct a resident survey to
gather comments relating to entertainment permits.
• Allow the entertainment permit applications to be reviewed by the
Planning Commission, with permits issued that do not run with the land.
• Limit the number of days during each week that businesses are allowed to
conduct entertainment to Thursday through Saturday.
Rezoning or overlaying an area to a different classification that would treat
entertainment businesses differently will be costly and time consuming. Staff will
have to amend the City's General Plan, conduct an environmental assessment
pursuant to the California Environmental Quality Act and amend the City's official
Zoning Map.
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.
Page 2
LEGAL NOTIFICATION:
Legal notice of the Public Hearing was published in the "Sun" newspaper on
September 17, 2015 and the Public Hearing was opened and continued to
October 12, 2015.
FINANCIAL IMPACT:
There is no financial impact for this item.
RECOMMENDATION:
That the City Council: 1) introduce and read by title only the proposed ordinance
in its current form or 2) direct staff to return with a revised Ordinance that has
specific alternate provisions the City Council favors.
S MITTED IB NOTED AND APPROVED:
Ili asham Cit J . Ingram, Y Ma a er
D 'ector of Community Development
Attachments:
A. Ordinance No. 1648
B. Written Correspondence
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 11.4.05.010.13 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 Commun& Development. 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 caf6, 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, from a stage;and
3. Any other entertainment activities not listed in this Chapter
5.80.020 Incidental Entertainment Permit and Approval Procedures
A. Permit lie uireml 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.
2
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 Grounnds for Approval 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
7. 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. f3 erational Stanclar ts. 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:
1. Duratim gKpdratiqn Date. The duration and expiration date of an
Incidental Entertainment Permit shall be specified in the permit. An
3
Ordinance Number 1648
Incidental Entertainment Permit 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. Freguencw. 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 Charges. 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 Parkin . The incidental entertainment activities shall
not generate enough additional traffic to warrant the need for
additional off-street parking on a regular basis.
8. Adverse Impacts on Adi'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.
10. Stage. No stage shall be allowed.
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.
2. 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.
T 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. Areal., 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& Co Fiance Required. 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 Applicatio n.
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.
6
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. A Iication 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 Meetin ,
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. A .roval or Denial of Renewal A lication° 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 (2) 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. gMiiration 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.
7
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-Appea l.
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. Appeal, 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. PenaltV 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 Meetina: 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.
8
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. AM,eal of Director Decision. Any appeal of the Director's
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 Apgeal Prooedure for Second Offense —Fine 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 Appea t 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. Hearing 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. Walver, Final Deoision. 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.
9
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 by errnittee. 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:
---Attowebule-t ideantai-Burp s-1 ofi v
A,"lowed... r>es T-he-fOilGWiAg--aetiWies--ar"lo lien
de 4nd l to—a-4egaily---establjshe , rr merdat
b �sirsess awl ler- nduelledp_ln �rsapilanenritl -tire
standards-ode itif in-sa sestior+-C S 7-below
10
Ordinance Number 1648
a ...._.-._ _ wry-r adte mat rrestowaa; r
b asl�ion..slso -ln-a-oafd, urant„.o�barp
e:--- ---parlor- a � ert�aa” -tea"-eat ;�ree�m� ww�ar
bar;
--U m l+tted--te leetde- me rrrtie t- ►e r
by-no-mor 4haan_. -Andividuals--{r l+udln _but-r at.
lltedw te•- -al�ae�,-eauella��; last�umrrtatlst;
nsaioian -batkaon��entertain+ar-wee~-- alter gar
oomed+arrin- raiN�o�watlery;- staurant,.-or�oaf
and
ems- -Other a ee s-deter rrlr4ed-ley-tla lreeterwto-b"f-ttad
sam er l laaraeter--as-those-Misted-al ,,-and
noto " tionable....._.or ..detrinaental teurreurdln
pr,o ertles�and-the-nether-hood;
:-.-l�rolsibitedmtses.-"Tire-falloinare"prolaibi s✓indidentaluses
a-bane+n, ,
r raokel�
o: ire rr�uslel kwrali#led+retrurerat -and
. and-up-perfo-mane s--#r-ors-a-stta e-a -arn l'ltsedi
per Grmances;--suc4.as..b -singers-„rnusioaans„oOMe aarae
or-maicia s;-
nolderital-#elated- otcvltles;..#ncWental-anti ittesm uste ar-+ly
dated-to-thaln-business-use�tor-e-xaple elbltlenw
speoiflo-artist"s-wort;4noludin -.an-openin reception-i"n-art
�rNer�y;�otal� readtn ._ ...sl6nin . .....Wa._lseel�starin
oomplla itls--Ohapter- "I . :.. teeter.. eter l�satierrs
shalk-eemply.-wltl4he-applicable-standards-ldentitled-ln
subsection-- .-6-belo ,.-btat.ahall- em xe pt from4h.e-permit.
re".it s-of-followin -subsection- 4;
4. ----Per it-Re aired Tbe--incsldentaN aet ities,.alle ed by. teats
sectio"hall-require--Glty- real-as-toll s=
a,-.--......�rar�an...astl�rity.... atwil�i-a�uuurw-less�tl�an� eo{clyo
perrrtit- required:
_..----.zr.an°actiwityrtlaat-w0l-o souw once.-a.. ;approvals
a--Vino" snit rn compliance ilh-.-Ghapter
4.1 . 0,-Deve4 ent- r-rnit&,
man-activity'th4at-wi"vA4r-mot-e-tha -on !ee1S;
approvakef-a.-Genditional-Use pernatt in.., . plianee
vitla-Glaaptor- 1: mm--Develepment"-1 eermits:..._.T lie
Plannarq-Go emission-ma d--tbe-speeifled-day+s
a es_.aWwed.-in ara appre ed permit ithat rt mt
publio-hearin and-.-with--netiein"s--refit*-ed-form-
Minor-Usew efrm' pro id thrat-the-a Amen
not-increase--thae-total-number---Gays--of-amount-of
time-for-4haea4ov d-aetivity;
67—Oeveloprnent-Standards:-4n-order4or4b"soessory--use4o
be4noidental-"' all-adivitiesmmstsall--comply-vAtl-t4ie--folio+ in
operational" adards.
11
Ordinance Number 1648
oeatoe:The-ineideAtaRotMt,y-shall rewt'-o nNy-within
the4nter4or--area-o t e-business,-alongside--thre-regt r
buf,iness-activity_-wi0 ut-re lacing--lt-at ny-t+ e:
Frequener.:T e,4evi utherity shatb_-deterr ir--ie-the
total-nuinber-mot in dentat--aatt " ' --be-alto The
spe ific days-o weekand-tires-allowed-shall-be
spec ied4n he-perrnit:
�_.....� utsiderc�w�moters*Themm-lnclde#�ta9..astl�rlty--shall--fie
prof-themmprtrnary ausineess-rand---shell..-no e
sponse ley—..af)--oaitside-promoter,,-4aeuvever„-an
activm"ay eneflt-a--ro"fofi"r- and atio"ifeetly
engaged-inoivio-or-el�arr-itahNe-ef°te�rts:
et...be-- dmissloon
charges-tenter4-he-business--ar-eny- thef--saver
charges--based mon-the.lnd,dental-a,GtMty:
e:.- loise-Impacts AAll-activities-shall-eo y-with-Seeti n
44-.4 21.-B, Oise:
f-. -- = ratfio--andd---Bark+nff--The4nsidental-activity-mU-st-.not
generate®enough-additional-tr-affic-to-warrai tl
fog°-add'�tional-off paring�an-a-r�gular-.basisr
g. dverse-Impacts-on-Adjacent-Areas:-The-ineldental
activity-shalt--net--eeuse -any additional-adverse
impacts m on-..neigh ao6 - residential-or- :,eraim
p rnpetty-owners"or-tenants,:
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 2 h day of SeSe tit, 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 reguiar meeting held on
the 28M day of_September, 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
L E V I T T LAW - -�REVEOVED
A PROFESSIONAL CORPORATION
OCT 0 5 2015
October 5, 2015 CITY CLERK
CITY OF SEAL BEACH
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attn: Honorable Mayor&Honorable Council Members
RE: Proposed Municipal Code Amendment adding 5.80 to Title 5.
Meeting Date 10/12/15
SENT VIA HAND DELIVERY
Dear Madam City Clerk- for Presentation to the City Council:
This office represents Taco Surf, a Seal Beach based business for the past thirty years. Taco
Surf implemented,paid for, and submitted its application for municipal code change which
was the catalyst behind the change presented before the Council.
The Planning Department has done an excellent job over the past several months garnering
input from the multiple elected officials, legal advisors, and researching the approach to
regulating amplified music from the surrounding coastal cities. The recommended approval
at the administrative level is the correct recommendation.
The goal behind this proposed municipal code change is to increase local business revenues
by allowing controlled, amplified music within the four walls of the business,which leads to
increase in customer counts and increased revenues from the customers. The City benefits in
two ways, increased tax revenues, and the residents of Seal Beach can stay within their
hometown to enjoy a little live music once in a while.
Of course the noise from amplified music needs to be balanced with the immediate and
overall surrounding community. Keeping the music restricted to 10:00pm is an extremely
effective means of doing this. Also, ensuring the sound is kept within the building by
requiring that doors and windows remain closed when not being used, is an additional
effective means. Further, limiting the number of musicians playing at any one time,to five,
keeps the levels down as well.
Seal Beach, like all cities and counties has noise ordinances, as well as code enforcement.
The police force and code enforcement officers have the power and right to enforce the
municipal codes, zoning codes, and penal codes. They are effective and efficient, and ensure
that the quasi-judicial process of the publicly elected and appointed officials is not unduly
burdensome on the officials nor on the citizens. Additionally,the proposed Chapter provides
detailed authority for revocation of the permit.
311 Main Street, Suite 8 • Seal Beach, CA 90740
Phone: 562-493-7548 • Fax: 562-493-7562
www.levittlawca.com • www.ourlegalcounsel.com
In the present matter,the process should be an over-the-counter application with a set
application fee. Please Note, until approximately five years ago, amplified music was
allowed in the City. Somehow, during the overhaul of the Municipal Code, such incidental
use became prohibited.
The below changes, represent changes which make the proposed amendment more realistic
and uniform to each and every applicant. Further, these proposed changes limit the music to
Thursday through Sunday, further restricts the times, and limits the number of licenses to be
issued by the City annually and cumulatively. With that in mind,these are the changes that
should be made to the proposed Chapter 5.80.
PROPOSED CHANGES TO PROPOSED TEXT OF CHAPTER 5.80
5.80.010(A)(4) Change "4"to "5" (five is standard band size, singer, keyboards, drums, bass
and guitar)
5.80.010(B)(2) Change "whether or not from a stage"to "from a stage more than twelve
inches high"
5.80.020(D) &(E) Delete in their entirety
5.80.020(F)(5) Insert"known" after"allowed"
5.80.020(G)(3)Entertainment shall only be permitted Thursday through Sunday, and within
the hours set forth in this Chapter 5.80.
5.80.020(H)Delete "The Director of Community Development" and replace with, "The
City"
5.80.020(H)(1)Delete in its entirety, and replace with, "The Applicant shall comply with all
City sound and nuisance ordinances. Violations will result in suspension or revocation, or
both, of the License."
5.80.020(H)(7) Change times to "7:00pm to 10:00pm"; Change the days to "Thursday
through Sunday"
5.80.020(H)(8) & (9)Delete
5.80.020(L) Insert new paragraph: "No more than twelve (12) licenses shall be issued under
this Chapter on an annual basis. No more than twenty-five (25) licenses shall be issued and
outstanding cumulatively, at any one time."
5.80.030(C) Delete entire section
311 Main Street, Suite 8 • Seal Beach, CA 90740
Phone: 562-493-7548 • Fax: 562-493-7562
www.levittlawca.com • www.ourlegalcounsel.com
Sincerely,
Scott L. Levitt,Esq.
311 Main Street, Suite 8 • Seal Beach, CA 90740
Phone: 562-493-7548 • Fax: 562-493-7562
www.levittlawca.com • www.ourlegalcounsel.com
Tina Knapp
From: Seth Eaker
sent. Wednesday,September 30,2015 8:29 AM
Twr. Ellery Deaton
Cc: Debbie Machen;Tina Knapp;Tom Rowe; Marah Fineberg
ubjed: Just in case I wasn't clear-Amplified music(continued Public Hearing)
I may be out of town at the next Planning Commission hearing and just in case, I wanted my voice
heard and on the record for the Amplified Music.issue. My comments are based on the draft code
changes prepared by staff for consideration by City Council on 9/28/15.
1. I am in favor of a process for ANY business to apply for an amplified music permit. I feel
otherwise it is a granting of special privilege to a certain class of business vs. any
business. To do so would be to deny equal rights under the code for a business.
2. I am in favor of any City action can be done to accelerate or mitigate unnecessarily long
delay to resolve the Taco Surf s (on PCH) issue and impact due to their being caught in the
middle of this process. For example, waiving all their permitting costs once a process is
adopted and to conduct whatever hearing might be necessary for them immediately (as in the
next day).
3. I am in favor of it being a CITY WIDE ordinance and opportunity. Do not create an
overlay or new zoning specific plan for the Surfside area. It is time-
consuming, resource-intensive and unnecessary to do so for the staff,
Planning Commission, and City Council. It will also take far to long.
4. I am in favor of a videotaped (at the very least audio-taped) administrative or minor use
permit to be approved by the Director of Community Development.
5. I am in favor of the Planning Commission being able to "vote'to reconsider" (as was
unsuccessfully tried to do by Miller at the last Council meeting)this and ANY permit issued
by the Director of Community Development. This is new, and I think it would allay some
public concern about the Planning Commission reviewing it or hearing it, but would
generally by default allow permits to go through.
6. I would prefer six days a week, and feel Thursday through Sunday should be the minimum
which is allowable.
7. I am in favor of it being as early as 10 am(some businesses may want to do this during a
brunch, lunch or happy hour time frame, not just dinner) and to run as late as 11 pm.
8. I am in favor of the concept of the noise being contained within the four walls of the
building as you discussed during the hearing.
9. I find inconsistency between 5.80.010 Subsection A.4 and Subsection B.2 -they seem to be
both permitting in A and denying in B the same list of activities.
10.I am opposed to the expense and restrictiveness of 5.80.010 Subsection H.1 and
its subset (noise engineer's report). It is redundant and makes the
permit itself less accessible by establishing an additional barrier via
1
cost and thus discriminate by size of business. , For example, a chain
like Hennessey's or Avila's would not like care about this cost and
coordination, but a smaller businesses (mom & pop ownership) like
320 Main, the Abbey, Bogart's or Waki Sushi may find this barrier to
entry significant.
ii. I am opposed to the additional measures and cost which "may" be
applied via the Director's discretion of 5.80.010 Subsection H.8 and
H.9. Again, as in my point #10 above, it creates additional operating
costs and seems arbitrary rather than reasonable and necessary as a
minimum standard.
That concludes my comments on the issue. Thank you for the consideration.
Sincerely,
Seth Eaker
Black Marble ConsultingTM -"Helping innovators transform their ideas into strategic documents."
Developing people, businesses, non profits and community through engagement, innovation, crucial conversations and
advocacy. How do you grow and attain success?
Myw
barb ec ns t"
B
r
2
k
LEVITT LAVV
HEMMED
OM ED
A PROFESSIONAL CORPORATION S E P 2 8 2015
CITY CLERK
CITY OF SEAL BEACH
September 28,.2015
City of Seal Beach a
211 Eighth Street
Seal Beach,CA 90740
Attn: Honorable Mayor&Honorable Council Members
RE: Proposed Municipal Code Amendment adding 5.80 to-Title 5,
Meeting Date 9/28/15
SF,NT" A HAND DE1C I VERY
I
Dear Acting City Clerk-for Presentation to the City Council:
This office represents Taco Surf,a Seal Beach based,business for the past thirty years. Taco
Surf implemented,paid for,and submitted its application for municipal code change which
was the catalyst behind the change presented before the Council tonight.
I
g Department. cellent job over the past:seeral months garnering
The P has done an excellent
input from the multiple elected officials,legal advisors,and researching the approach to
regulating amplified music from the surrounding coastal cities. The;recommended approval
at the administrative level is the correct recommendation.
The goal behind this proposed municipal code change is to increase local business revenues
by allowing controlled, amplified music within the four walls.of the business,which leads to
increase in customer counts and increased revenues from the customers. The City benefits in
two ways,increased tax revenues,and the residents of Seal Beach,can stay within their
hometown to enjoy a little live music once in a while. j
Of course the noise from amplified music needs to be balanced with the immediate and
overall surrounding community. Keeping the music restricted to 10:00pm or 11:00pm is an
extremely effective means of doing this., ,Also,ensuring the sound is kept within the building
•by requiring that doors and windows reniain closed when not being used,is an additional
effective means.: Further, limiting the number of musicians playing at any one time,to five,
keeps the levels down'as well.
Seal Beach,like all cities and counties has noise ordinances, as well as code enforcement.
The police force and code enforcement as
have the power and right to enforce the
municipal codes, zoning codes,and penal codes. They are effective and efficient, and ensure
that the quasi-judicial process of the publicly elected and appointed officials is not unduly
burdensome on the officials nor on the citizens. Additionally,the proposed Chapter provides
detailed authority for revocation of the permit.
311 Main Street, Suite 8 • Seal Beach, CA 90740
Phone: 562-493-7548 • Fax: 562-493-7562
www.levtlawca.com • www.ourlegalcounael.com
°r
r
In the present matter,the process should be an over-the-counter application with a set
application fee. The permit should be one that does not expire or terminate,until it is
revoked,suspended,the applicant loses its CUP for the main use, or if the applicant sells the
business in which the permit is incidental to. With that in mind,these are the changes that
should be made to the proposed Chapter 5.80 presented tonight.
Taco Surf is the applicant that over six months ago, spent over$3,000.00 in filing the request
'for municipal code amendment,and thus,we hope the Council will give preference or at least
deference to its request, and hear us extensively on the matter if requested by the Council.
Thank you.
r
PROPOSED CHANGES TO PROPOSED TEXT OF CHAPTER 5.80
5.80.010(A)(4)Change"4"to"5"(five is standard band size, singer;keyboards,drums,bass
and guitar)
5.80.010(B)(2) Change"whether or not from a stage"to"from a stage more than twelve
inches high"
5.80.020(D)& (E)Delete in their entirety
I
5.80.020(F)(5)Insert"known" after"allowed" a
5.80.020(G)(1)Delete
5.80.020(G)(3)Delete
5.80.020(H)(1)Delete
5.80.020(H)(8) & (9)Delete
5.80.030 Delete entire section
Sincerely,
Scott L. Levitt,Esq.
311 Main Street, Suite 8 • Seal Beach, CA 90740
Phone= 662-493-7548 • Fax: 562-493-7562
www.levittlawca.com • www.ourlegalcounsel.com
August 6, 2015
oe'"tjr + f oeto ;
" i �• Bwsiness. is Oz& Priority! "
Tice clzgI4 er' missiorr is..lo srrstairl,prefinote acrd groie b rsliiess gird to errlrirrrce i'!iN qualm}+of
life-of theSeatheac/r.conr:rrrrrrit�'.
To:City of Seal Beach-Department of Community Development
Re:Music Ordinance
Attn:Jim Basham,Director of Community Development
City of Seal Beach
211 Eighth Street
Seal Beach,CA 90740
Dear Mr.Basham:
I am writing to you on behalf of the Seal Beach Chamber of Commerce with respect to the regulations in Old Town in regard
to live music. As business owners,our members are looking to enhance the experience of our patrons in our community.
One of the ways that can be done is to feature live/amplified musical performers at our local businesses,and is highly
desired as another form of local entertainment. The businesses interested in having live/amplified music are aware that it
is their responsibility to be cognizant and respectful such that the entertainment within our place of business does not
interfere with the comfort of close neighbors,visitors or other businesses in the area. With that in mind,The Chamber
Board is in support of live,amplified music to be allowed with the understanding that there needs to be a policy that will
benefit and protect all parties.
The benefits to having live/amplified music are many. For one,businesses are able to host local talent in our
hometown. We are additionally supporting the arts,and music does so much to create a true community feeling. Live
amplified music is a way to both attract new business and keep local business in town.
We would welcome dialogue with you regarding the forthcoming policy.I am happy to arrange any formal or informal
conversations about playing music with you and some of our local business community members.Kindly let me know if you
are interested.Thank you so much for your consideration in adjusting the Main Street Zoning Plan to allow live/amplified
music.
Sincerely,
�-R
romence Marah B.Fineberg,CFP Director,Seal Beach Chamber of —Chair for Government&Public Relations
Seal Beath Chamber of Commerce:2018th Street#120,Seal Beach CA 90740
Direct:(562)799-0179 email:infosealbeachcha,rnber,com