HomeMy WebLinkAboutItem 3PLANNING COMMISSION
AGENDA REPORT
TO: Planning Commission
ITEM
NUMBER
3
FROM: Jim Basham, Community Development Director
DATE: August 15, 2016
SUBJECT: ZONE TEXT AMENDMENT 15 -1 RELATING TO
ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES
LOCATION: CITYWIDE
RECOMMENDATION: That the Planning Commission hold a public hearing
regarding Zone Text Amendment (ZTA) 15 -1 and after
considering all evidence and testimony presented adopt
Resolution No. 16 -19 recommending to City Council
approval of ZTA 15 -1
LEGAL NOTIFICATION:
Legal notice of the workshop was published in the Sun Newspaper on August 4, 2016.
An affidavit of publication is on file.
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 of the
existing zoning provisions regulating entertainment incidental to a primary business
activity or other use on a site, including 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.
Zone Text Amendment 15 -1
Commercial Zones Citywide
BACKGROUND:
At the City Council meeting of September 28, 2015 the City council discussed a draft
ordinance to include a new chapter in the Seal Beach Municipal Code regulating the
issuance of an entertainment permit to allow businesses to obtain an administrative
permit for live music incidental to the primary use of the business. After deliberation
the City Council instructed staff to prepare a revised ordinance that would designate
the Planning Commission as the approval body.
At the City Council meeting of October 12, 2015, the City Council discussed the
revised draft ordinance and after, receiving public testimony, directed staff to prepare
a zoning ordinance amendment to Municipal Code Section 11.4.05.010.D that
maintains the Planning Commission as the review body with a public hearing process
for incidental entertainment permits, and refines the standards applicable to incidental
entertainment activities as well as the parameters for determining when an incidental
entertainment permit is or is not required. Based on this City Council direction, Staff
revised the parameters governing the permit process to include discretionary
entertainment restrictions that may be applied at the discretion of the Commissioners
when an incidental entertainment permit is required, and operational standards that
apply to all entertainers and business operators regardless of whether or not an
incidental entertainment permit is required. Both the discretionary entertainment
restrictions applicable to permits, and the operational standards applicable to all
incidental entertainment, have been developed in order to provide the City with
mechanisms to balance entertainment activities conducted at commercial uses while
protecting nearby businesses and residents given the close proximity of many
commercial areas to residential uses in the City.
At the City Council meeting of November 9, 2015 the City Council reviewed the
revised draft ordinance and instructed staff to present the proposed ordinance to the
Planning Commission and recommended that the Commission also consider the
following suggested comments:
• Should a solo entertainer be required to obtain an incidental
entertainment permit and follow the public hearing process?
Currently the draft ordinance would allow a solo entertainer to perform
unamplified or amplified entertainment in a restaurant or other
commercial use without an incidental entertainment permit, but would
require that two to four entertainers require an entertainment permit.
The current Zoning Code allows up to two entertainers to perform
unamplified music without a permit, but prohibits all amplified
entertainment. The basis for distinguishing between a solo performer
and multiple performers is that often an individual performer does not
typically create the same types of impacts or intensity of impacts on
surrounding uses as the impacts that are likely to result from
entertainment provided by multiple performers or entertainers, and
thus there is less need for the same amount of oversight for a solo
performer or other entertainer as would be warranted for multiple
entertainers or performers. Under the proposed ordinance, a solo
performer would be required to amend their Business License to add
incidental entertainment with a solo performer so that staff can
maintain a record of business activities covered by an establishment's
business license.
Page 2 of 4
Zone Text Amendment 15 -1
Commercial Zones Citywide
• Should the City require that ambient music obtain an incidental
entertainment permit? Ambient music, as used in the proposed
ordinance, was intended to mean recorded background music or
entertainment played or broadcast over speakers during the business'
primary activities (e.g. recorded classical music played in a restaurant,
store or other commercial use, a juke box playing music in a
restaurant, or a radio broadcasting a sports game). After further
consideration of this issue and discussion with the City Attorney's
office, staff does not recommend that the City separately regulate
ambient music or other entertainment through the Zoning Code, and
has modified the proposed ordinance to delete references to pre-
recorded music and broadcast entertainment from the incidental
business activities permit process. Instead, noise levels of all
entertainment in any zone, including background music, broadcast
games, and similar entertainment, would continue to be regulated by
the City's current noise ordinances contained in the Municipal Code,
including Chapter 7.15, Noise; Chapter 7.35, Public Nuisances; and
Chapter 7.45, Noise Disturbances. For example, Chapter 7.15 sets
decibel limits for interior and exterior noise based on noise zones.
Commercial properties are in Noise Zone 2, and must limit exterior
noise to 65 db(A) at all times generally, and 60 dB(A) for music.
Chapter 7.15 also prohibits a property from producing noise above
specified levels when measured over specified time periods from a
residential property.
• Determine if a noise standard performance level should be
introduced such as maintaining a sound measurement level of
15 -25 dB(A) along with a distance separation when commercial
uses are adjacent to residential or other sensitive uses areas. The
City Attorney's office and staff are still reviewing this suggestion as
potentially the best approach to apply noise and distance requirements
to balance noise between commercial and residential uses.
• Reduce the annual renewal provisions to be less restrictive. The
proposed Ordinance, as currently drafted, would provide that the City's
approval of an incidental entertainment permit would be for one year,
and that failure to renew the permit by the renewal date means that the
permit will expire on the expiration date. The proposed ordinance also
states that if a permittee fails to submit a renewal application at least
30 days prior to the expiration date, the permit will expire as stated and
the permittee cannot apply for a new permit until one year has passed.
The purpose of the one -year prohibition is to encourage permittees to
obtain renewals of their permits if they wish to continue incidental
entertainment. Based on the City Council's discussion that this one -
year prohibition is too strict, Staff suggests that we modify the current
text to state that if the "applicant does not renew the incidental
entertainment permit by submitting a letter or other application seeking
renewal at least 30 days prior to the annual expiration date, then the
permit will automatically expire until the applicant obtains approval of
the renewal permit through the renewal process ". The proposed
Page 3 of 4
Zone Text Amendment 15 -1
Commercial Zones Citywide
ordinance would continue to state that any permit not renewed by the
expiration date will expire on the date stated in the permit, but there
would be no prohibition on renewing or applying for a new permit.
At the Planning Commission meeting of December 7, 2015 staff conducted a
workshop on the draft ordinance pertaining to the incidental business activities and
incidental entertainment permit requirements. At the conclusion of the workshop, the
Commission asked staff to research the possibility of adding a noise threshold.
Subsequently, staff solicited the services of an Acoustical firm to conduct an ambient
noise survey and provide recommendations on noise limits. Also, to allow ambient
music as a permitted activity since it can be regulated through existing provisions set
forth in the Municipal Code under Chapter 7.
At the Planning Commission meeting of June 20, 2016 staff conducted another
workshop to present the noise study and recommendations from the noise consultant,
Acoustics Group (AGI). After the presentation by the consultant, the Commission
recommended that the draft ordinance include a noise limit Lmax of 50 dBA.
ANALYSIS:
The purpose of the proposed ordinance is to provide a balance between the needs of
the business community and shield the residents from potential nuisances that may
occur as a result of live music on a continuous basis. Staff believes the draft ordinance
incorporates comments from both City Council and Commission and since the
proposed ordinance will amend the Zoning and Land Use Chapters of the City's
Municipal Code, the Planning Commission is required to review the draft ordinance
through a public hearing process and make a recommendation to the City Council on
the proposed ordinance through a resolution.
Since the current Zoning Ordinance prohibits all amplified entertainment and also
requires a Minor use Permit or Conditional Use Permit for unamplified entertainment,
depending on the frequency that incidental entertainment is provided, staff prepared a
draft ordinance that modifies permit exemptions, consolidates incidental entertainment
regulations into one incidental entertainment permit, and also amends and updates
provisions of the Zoning Code to resolve inconsistencies and provide clarification on
applicable procedures.
CONCLUSION:
Staff recommends that the Planning Commission hold a public hearing regarding Zone
Text Amendment (ZTA) 15 -1 and after considering all evidence and testimony
presented adopt Resolution No. 16 -19 recommending to City Council approval of ZTA
15 -1.
d by:
Jim Basham�
Director of C mmunity Development
Attachments:
1. Draft Ordinance 1648
Page 4 of 4
ORDINANCE NO. 1648
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTION 11.4.05.010.D OF CHAPTER 11.4.05 OF TITLE 11
CHAPTER--14-.4-.W–OF THE SEAL BEACH MUNICIPAL CODE
RELATING TO STANDARDS FOR SPECIFIC— ALLOWABLE
INCIDENTAL BUSINESS ACTIVITIES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Section 11.4.05.010.D of Chapter 11.4.05 of Part IV of Title 11
relating to allowable incidental business activities is hereby amended as follows
D. Allowable Incidental Business Activities.
1. Allowed Uses. The following activities with or without using
amplified equipment or instruments are allowed when
deemed incidental to a legally established commercial
business, and when conducted in compliance with the
operational standards identified in subsection D.S.d.:
a. Book or poetry readings in a cafe, restaurant, or bar;
b. Fashion show in a cafe, restaurant, or bar;
C. Parlor games or party games in a cafe, restaurant, or
bar;
d. Live, uqamplified or unamplified tableside
entertainment performed by no more than 2 1 one
individuals (including but not limited to a singer,
musician, instrumentalist, magician, balloon
entertainer, face painter or comedian) in a retail store,
gallery, restaurant, or cafe; and
e. Other uses as determined by the Director to be of the
same general character as those listed above, and
not objectionable or detrimental to surrounding
properties and the neighborhood.
2. Prohibited Uses. The following entertainment activities are
prohibited as incidental business activities uses:
a. Dancing;
Ordinance Number 1648
Karaoke;and
d. Stand . performaRGes from a stage and amplified
pees, sueb asbysinQeFS, rausioia s
Performances by singers,
musicians, comedians, actors, magicians, or other
entertainers of any kind, from a stage.
4.3. Incidental Entertainment Permit Required
as- fellews -The following types of entertainment are allowed
as incidental business activities only when the entertainment
is authorized by an Incidental Entertainment Permit
approved by the Planning Commission, the entertainment is
approved - -by the O1appinq Commission and deemed to be
incidental to a legally established business or other use, and
the entertainment is conducted in compliance with the
standards identified herein and all conditions and
requirements of the approved Incidental Entertainment
Permit:
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4.3. Incidental Entertainment Permit Required
as- fellews -The following types of entertainment are allowed
as incidental business activities only when the entertainment
is authorized by an Incidental Entertainment Permit
approved by the Planning Commission, the entertainment is
approved - -by the O1appinq Commission and deemed to be
incidental to a legally established business or other use, and
the entertainment is conducted in compliance with the
standards identified herein and all conditions and
requirements of the approved Incidental Entertainment
Permit:
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Ordinance Number 1648
Aa. Live, amplified or unamplified tableside entertainment
performed by 2 but no more than 4 individuals
(including but not limited to a singer, musician,
instrumentalist, magician, balloon entertainer, face
painter or comedian), or ambient music in a retail
store, gallery, restaurant, cafe or any other business
or use; and
5b. Other uses as determined by the Director to be of the
same general character as those listed above, and
not obiectionable or detrimental to surrounding
properties and the neighborhood.
4. Compliance with Zoning and Land Use Approvals. All
incidental business activities shall be conducted in
accordance with the requirements of the zone in which they
are located, and in compliance all conditions and provisions
of any conditional use permit or other permit, approval or
entitlement issued for the subject property, and all other
applicable requirements of this code.
65. Incidental Entertainment Permit and Approval Procedures
Aa. Permit Required. An Incidental Entertainment Permit
issued by the Plannina Commission shall be required
for all incidental e^te4 W nent—business activities
except as provided in subsection AD.(1) —of this
section 11.4.05.010.
Bb. Review Procedure.
(1) Application rGententForms and Fees.
Applicants for Incidental Entertainment Permits
shall file an application with the Director in
accordance with the application procedures in
Section 11.5.10.010: Application Forms and
FeeS.An nt t , desidnq-te--eibtain an
Entertainment Pe mit shall file
Ordinance Number 1648
(2) Notice. The City shall provide notice of
applications for Incidental Entertainment
Permits in accordance with Section
11.5.10.025: Public Notification.
3) Decisions on Incidental Entertainment
Permits. The Planning Commission shall
conduct a hearing for any application for an
Incidental Entertainment Permit. After the
hearing is closed, the Commission shall adopt
a resolution approving conditionally approving
or denying the application.
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Ordinance Number 1648
C. Required Findings for Approval of Incidental
Entertainment Permit. An Incidental Entertainment
Commission finds, based upon evidence submitted at
the hearing, the proposal as submitted or as
modified, conforms to all of the following criteria and
findings:
(4k) The facts and information presented in the
application are complete true correct, and
accurate based on the evidence in the record
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Ordinance Number 1648
and the applicant has not made any false
misleading, or fraudulent statement or
omission of a material fact in the application;
(iii) The business or other use feFat 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;
(viii) The proposed incidental ent..
business activities are located in a zone
permitting the entertainment under Title 11 of
this code:
4 iv) The proposed incidental
business activities will meet and comply with all
of the operational standards and entertainment
restrictions stated--set forth in sections
5 89 X29 11.4.050.D.5.d and any additional
entertainment restrictions imposed by the
Commission pursuant to section
5.-80-.0204=11 1.4.05.010.D. 5.e of this chapter,
5.v) The applicant has not knowingly 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;
Zvi) The proposed incidental
business activities will not interfere with traffic
or pedestrian access along adjacent or nearby
rights of way, or off - street parking
requirements; and
vii) 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 entertainine„t—business
activities.
Ordinance Number 1648
If the Commission is unable to make all of these findings, the
Commission shall deny the Incidental Entertainment Permit or any
proposed renewal of the Incidental Entertainment Permit.
d. Compliance with Operational 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 *.business activities shall
comply with all of the following operational standards
which shall be specified in the permit
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M
Ordinance Number 1648
Duration: Expiration Date. The duration and
expiration date of an Incidental Entertainment
Permit shall be specified in the permit. If the
applicant does not renew the incidental
entertainment permit by submitting a letter or
other application seeking renewal at least 30
days prior to the annual expiration date then
the permit will automatically expire until the
applicant obtains approval of the renewal
permit through the renewal process. An
Incidental Entertainment Permit shall expire
eithe {&Tone year from date of approval of the
permit er- 6bTJuly -4�t of the
occurs later „less the emit is renewed .
unless the
permit is renewed in accordance with section
5 8030 9 i 11.4.05.010. D. 6.
L.0 Location. The incidental business activities
shall take place only within the enclosed
interior area of the business or other use, and
only during the primary business activity
without replacing the primary business activity
at any time. Outside entertainment shall be
prohibited at all times.
(iii) Hours of Operation. Except as otherwise
provided in any conditional use permit or other
land use entitlement, or the Incidental
Entertainment Permit itself, all incidental
business activities shall be limited to the hours
of 6:00 p.m. to 9:00 p.m. on Sunday through
Thursday and the hours of 6:00 p.m. to 10:00
p.m. on Friday and Saturday-
iv Outside Promoters. The incidental
^t tainn7ef - business activities shall be part
of the primary business use and shall not be
0
Ordinance Number 1648
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.
Admission Charges. There shall not be
admission charges to enter the business or any
other cover charges based on the incidental
entedainment business activities.
I vi Noise Impacts. All incidental ept
business activities shall comply with Section
11.4.10.020.8: Noise and all sound and noise
the- requirements set forth in this Chapter.
vii Traffic and Parking. The incidental
e^F .ent-business activities shall not
generate enough additional traffic to warrant
the need for additional off - street parking on a
regular basis.
viii Adverse Impacts on Adjacent Areas;
Public Nuisance. The incidental enter ainnw;
business 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.
&Lt,yj Freedom of Speech. No condition maV be
imposed pursuant to this chapter that
suppresses or regulates expression in any
manner contrary to law.
F x Stage. No stage shall be allowed.
(xi) Occupancy Limit. The occupancy limit
established for the business or other use shall
be clearly posted at the front and rear of the
M
Ordinance Number 1648
interior building and shall not be violated at an
time.
(xivi) Display of Permit. 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. The
permit shall also be displayed along the front
window facing the public riqht- of -way.
kviii) Acceptance of Conditions. No Incidental
Entertainment Permit shall be effective for an
purpose until the applicant signs and returns a
notarized "City Acceptance of Conditions" form.
xviv) Noise limits. Live and amplified music shall be
limited to 42-.-09- 44een6:00 p.m. to 9:00 p.m.
Sunday trhrough Thursday and 4200
neon6:00 p.m. to 10.00 p.m. Friday and
Saturday.
(XVHXV) Live and amplified music shall not
exceed a maximum noise level Lmax of 50d8A
when measured at any residential exterior
location (front, side and rear yard, patio and or
balcony.
6e. Entertainment Restrictions. The Planning
Commission may impose the f^'— o pw#j g -- additional
conditions or restrictions on the Incidental
Entertainment Permit to protect the health, welfare
and safety of the surrounding businesses and uses,
which restrictions may include but are expressly
ind��not limited to the following:
(i) The applicant shag shall submit to the
Community Development Department a sound
survey prepared by a licensed engineer
showing that the proposed incidental
enter ai,wnent- business activities will not create
undue noise or vibration that will violate the
entertainment restrictions as a condition of any
of the following:
Ordinance Number 1648
(a)- To provide incidental e^t.t
business activities as part of a new
business or other new use at a bu#din^
or- other n
(b)- To provide incidental „n* mat
business activities at an existing
business ^ nth °r •� •^
o des; or
(c). To provide incidental °^tom �e al wne:,t
business 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.
ii The incidental business activities shall not be
audible beyond the exterior walls of the
business in any direction, including sound and
vibration.
(iii) All doors and windows shall be closed during
all incidental business activities to minimize
noise and vibration impacts on the nearby
uses.
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inns.,,oent^l ^ntert. ipment aGt:V44eS to
3-.(iv) 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.
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Ordinance Number 1648
4(v) The incidental e^" �business 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 Califomia
Alcoholic Beverage Control, conditional use
permit or any other restriction issued by any
regulatory power with authority over the
business, use or premises.
5. (vi) 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.
&(vii) The business operator or other 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.
(viii) The Rappipa Commission ma- . that the
business operator or other permittee shall
provide a state licensed, bonded and certified
security guards) 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 anv
other adverse impacts on the neighborhood.
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Ordinance Number 1648
&(ix) The applicant– business operator or other
permittee shall Semmissien mad —rc - .
^ °F^" n –of-and maintain security cameras
and /or other security measures to prevent any
adverse impacts on surrounding businesses or
other uses.
4-2-.(x) Every business owner or other 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.:
If. Appeals. Any person may appeal the Planning
Commission's action pursuant to Title 1: General
Provisions, Section 1.20.005: Administrative Review,
in which case the City Council shall be the hearing
officer as that term is used in Section 1.20.005:
Administrative Review. Wt4in ten (I
the `nal r1poi .ion of the Pannina Commission Direr4Gr
of Communitv Development to qrant or- den�� an
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Ordinance Number 1648
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
conditions aooFGvals -of the Incidental Entertainment
Permit, any such other permit, entitlement or
approval, and all other requirements of this Code in
erde «conducting 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 -may result in
imposition of an administrative citation, revocation
and /or nonrenewal of the Incidental Entertainment
Permit, or such other civil and criminal remedies as
provided in this section.
14h. Permits Not Transferable. An Incidental
Entertainment Permit approved pursuant to this
chapter is not transferable to any other person use
building, premises, or location.
66. 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.
t.a. Deadline for Renewal Application.
a-QA renewal application shall be filed °its g r& ( at
least thirty (30) days prior to the expiration date
set forth in the Incidental Entertainment Permit
er (b) by june4," of the ea ;,tai„
year-
followinq the — aem^it - - -ap r^e
GGGurs4ater
14
Ordinance Number 1648
6—(ii) 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. Upon failure to submit a timely renewal
application, the Incidental Entertainment Permit
shall expire as provided in Section
11.4.05.010. D. 7.
G,(iii) Anv permit not renewed pursuant to this
section shall expire upon the expiration date
set forth in the permit., and not later than-one
after the ^ri ^r 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. Renewal Review Procedures.
(i) Renewal Application Forms and Fees.
Applicants for renewal of Incidental
Entertainment Permits shall file a renewal
application with the Director in accordance with
the application procedures in Section
11.5.10.010: Application Forms and Fees.
(H) Notice. The City shall provide notice of
applications for renewal of Incidental
Entertainment Permits in accordance with
Section 11.5.10.025: Public Notification.
(iii) Decisions on Renewals. The Planning
Commission shall conduct a hearing for any
application for renewal of an Incidental
Entertainment Permit. After the hearing is
closed, the Commission shall adopt a
resolution approving, conditionally approving or
denying the renewal application.
� :JO
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Ordinance Number 1648
PA-.04y) Required Findings, Approval - -or
Operational
Standards and Entertainment Restrictions
for Renewal. A renewal application shall not
be approved unless the Planning Commission
is able to make all of the findings set forth in
subsection F--of seefio;,D.5.c, and if the
D..-- o Commission is unable to make all of
the findings set forth in subsection F-- ef-seetiera
5,09.-B2OD.5.c, the renewal application shall be
denied. In approving a renewal application, all
operational standards set forth in subsection
D.5.d shall apply; and the D4;-- FCommission
slat) —may impose additional entertainment
restrictions esnditiensas provided in
subsection D.S. d to ensure compliance with all
of the operational st-ndar s; nrt enke ai, merit
strigt .,tom ed „ subsections . ..G . and ,u
ef— ti requirements of this v section
11.4.05.010. &FFD and this code.
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Ordinance Number 1648
Ak(iv) Duration of Renewal Permit. The period of
renewal of any Incidental Entertainment Permit
shall not exceed (1) one year from date of
approval The duration and expiration date of
the renewal permit shall be (1) year
8. Expiration of Incidental Entertainment Permit.
a. Events Triggering Expiration. If the permittee fails
to submit a timely application for renewal by the 30
day deadline set forth in subsection D.6.a.i of this
section, or the Commission denies a renewal
application the Incidental Entertainment Permit shall
expire according to its terms on the expiration date
specified in the permit.
b. Effect of Expiration. Uoon expiration of the oriainal
or any renewal Incidental Entertainment Permit, all
incidental business activities shall immediately cease.
No new Incidental Entertainment Permit shall be
approved for the same business or location for twelve
(12) months after the effective date of expiration.
G-hapter—section 11.4.05.010.D armor of any Incidental
Entertainment Permit issued pursuant to this GhapteFSection
may be processed and determined in accordance with the
following provisions o r -oP#, s �.
$a. Revocation of Permit - Grounds. The Planning
Commission may revoke an Incidental Entertainment
Permit if the Commission makes any one of the
following findings:
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Ordinance Number 1648
4,(i) The permit was obtained by misrepresentation
or fraud:
2-.(ii) The operational standards or entertainment
restrictions of the permit have been violated:
(iii) The incidental entertainrnppr business activities
authorized by the permit is -are in violation of
any provision of this ch°„opteF—section
11.4.05.010.D or this code, or any other
statute, ordinance, law, or regulation, or
constitutes a public nuisance; or
4,00 The nermittee, 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
public nuisance.
lib. Penalty for First Offense- Administrative Fine:
Appea l.
4,0) Administrative Fine. If the Director or an
other citation authority makes any of the
findings set forth in subsection D.9.a of this
section, the citation authoritv 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.
�(ii) Effective Date. The citation authoritv'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,(iii) Appeal. Within ten (10) days following the
final decision of the citation authority imposing
an administrative fine for a first offense, anv
interested person may appeal the
administrative fine subject to the provisions set
forth in Title 1, Chapter 1.15 of this code.
iu-
Ordinance Number 1648
Sc. Penalty for Second Offense —Administrative Fine
and Revocation.
�(i) Revocation and Administrative Fine.
Following a noticed public hearing, if the
Planning Commission makes any of the
findings set forth in section D. 9.a of this section
for a second offense occurring within the same
12 -month period as the first offense the
Directer- Planning Commission shall impose a
$200 fine and revoke the Incidental
Entertainment Permit.
(ii) Revocation Procedures.
a) Notice. The Citv shall provide notice of
a public hearing for the proposed
revocation of Incidental Entertainment
Permits in accordance with Section
11.5.10.025: Public Notification.
(b) Decisions on Revocations of
Incidental Entertainment Permits and
Administrative Fine. The Planning
Commission shall conduct a hearing for
any proposed revocation of an
Incidental Entertainment Permit and
imposition of an administrative fine for
the second offense. After the hearing is
closed, the Commission shall adopt a
resolution approving, conditionally
approving or denying the proposed
revocation and administrative fine.
(iii) Appeals. Any person may appeal the
Planning Commission's action pursuant to Title
1: General Provisions, Section 1.20.005:
Administrative Review, in which case the City
Council shall be the hearing officer as that term
is used in Section 1.20.005: Administrative
Review,
5.(iv) 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
Ordinance Number 1648
the DiFeGtoF of Gommunitv Development and
.h�s ^r heF design° °Planning Commission or
City Council on an appeal.
T, d. Appeal Procedure for Second Offense — Fine and
Revocation. Appeals of the Commission's decision
to impose an administrative fine and revoke an
Incidental Entertainment Permit for a second offense
shall be subject to the following procedures.
-�(i) Deadline to Appeal. Within ten (10) days
following the final decision
of the Planning
Commission to revoke
an Incidental
Entertainment Permit and
to impose an
administrative fine for a
second offense
pursuant to subsection CMD.9.c.(ii)
of this
section 5- 89:94011.4.05.010,
any interested
person may appeal the Commission's decision
subject to the provisions set
forth in Title 1,
Chapter 1.20 of this code.
�(ii) 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.
3,(iii) 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 Commission
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 iudicial action pertaining to the decision
of the Commission.
business or location for twelve (12) months after the
effective date of revocation.
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Ordinance Number 1648
W. Pre - existing '" Lawful Iv
cs*e�� bUshed— Incidental Fe• .rtairxent Business
Activities Prior to /meter Effective Date
1,(i) 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 F
e^. business 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:
a.(a) The owner and operator of the grope
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
b-(b) There are no code violations on such
Property or use: and
s-(c) The use authorized by such CUP
continues and has not been abandoned
as provided in this code.
The adoption of this section 11.4.05.05.010.D shall not modify any
of the terms and conditions of such conditional use permit, which
shall remain in full force and effect.
.10. Modifications by nermittee. Anv permittee who proposes
a change or modification to the incidental eRteReita#wneW
business 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 section 11.4.050.010.D.
21
Ordinance Number 1648
11. Public Nuisance Defined. As used in this subsection
11.4.05.D a public nuisance means any of the following
a. violation of this subsection 11.4.05.D
b. Any violation of any provision of an Incidental
Entertainment Permit issued in accordance with this
subsection 11.4.05.D;
C. Any violation of any previously existing Conditional
Use Permit which authorized incidental business
activities under this subsection 11.4.05.D or any
predecessor ordinance;
d. Any violation of the code; or
e. Any other act or omission that constitutes a public
nuisance understate law.
)�12. Violations of CUP. 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.
X13. Remedies cumulative. Anv violation of this shaeteFSection
11.4.05.D may be prosecuted civilly or criminal as provided
by Chapter 1.15 or as otherwise provided by law. The City
may take any such steps as deemed necessary and
appropriate under applicable law to restrain and remedy any
nuisance committed by any permittee or any other person.
All remedies set forth in this section 11.4.05.D are
cumulative and non - exclusive."
Section 2. Section 11.5.05.025 of Chapter 11.5.05 of Part V of Title 11 is
hereby amended to add Incidental Entertainment Permits to Table 11.5.05.025 as
follows:
22
Ordinance Number 1648
Except as otherwise specifically amended by the aforesaid addition Table
11.5.05.025 remains in full force and effect_
Section 23. Section 11.6.05.010 of Chapter 11.6.05 of Part VI of Title 11 is
hereby amended to include the following definitions:
Ambient Music: Prerecorded, broadcast or satellite music played at the
premises or building.
Director or Director of Community Development. The Director of Community
Development of the City of Seal Beach, or his or her designee.
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, paining the attention of or diverting or
amusing quests or patrons, including but not limited to live music, singing
(including but not limited to karaoke), recorded music played by a disc iockev
(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.
Section 34. 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 45. 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
23
Review Authority and Role
TYPE OF
PERMIT OR
PROCEDURE
DIRECTOR
PLANNING
CITY
COUNCIL
IS IN:
COMMISSION
DECISION
Land Use Permits and Other Develo ment Entitlements:
Incidental
Entertainment
Chapter
11.4.05
Decision
Appeal
Permit
Except as otherwise specifically amended by the aforesaid addition Table
11.5.05.025 remains in full force and effect_
Section 23. Section 11.6.05.010 of Chapter 11.6.05 of Part VI of Title 11 is
hereby amended to include the following definitions:
Ambient Music: Prerecorded, broadcast or satellite music played at the
premises or building.
Director or Director of Community Development. The Director of Community
Development of the City of Seal Beach, or his or her designee.
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, paining the attention of or diverting or
amusing quests or patrons, including but not limited to live music, singing
(including but not limited to karaoke), recorded music played by a disc iockev
(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.
Section 34. 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 45. 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
23
Ordinance Number 1648
phrase hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 56. 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 29t�' day of-Septembef
2015.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, 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
cn day of 2016 and was passed, approved, and adopted by the City
Council at a regular meeting held on the day of 2016 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.
City Clerk
24
Ordinance Number 1648
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