HomeMy WebLinkAboutItem 5 ey�, ITEM NUMBER
Z' PLANNING COMMISSION
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5
STAFF REPORT
TO: Planning Commission
FROM: Jim Basham, Community Development Director
MEETING DATE: September 6, 2016
SUBJECT: PUBLIC HEARING
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 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,
regarding actions in compliance with the requirements of CEQA.
Zone Text Amendment 15-1
September 6, 2016
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 (1) operational
standards that apply to all entertainers and business operators regardless of whether
or not an incidental entertainment permit is required; and (2) discretionary
entertainment restrictions that may be applied at the discretion of the Planning
Commission on a case-by-case basis when an individual application for an incidental
entertainment permit is considered by the Planning Commission. Both the operational
standards applicable to all incidental entertainment, and the discretionary
entertainment restrictions applicable only to those individual permits designated by the
Planning Commission, 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. The permit must be obtained by the
business or other use, not the performers themselves. The proposed ordinance
regulates only incidental business activities within businesses or other uses in
specified zones, not entertainment or other activities on public property such as street
performers on public sidewalks or in public parks.
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 four
questions. The City Council's questions, and the Planning Commission's responses
to those questions, as discussed at the Commission's August 15, 2016 meeting, are
outlined as follows:
•Should a solo entertainer be required to obtain an incidental
entertainment permit and follow the public hearing process? The
Planning Commission consensus is that a solo entertainer should
not be required to obtain an incidental entertainment permit.
Whether or not an incidental entertainment permit is required, the
incidental business activity must still be conducted in compliance with
the operational standards identified in subsection D.5.d of Section
11.4.05.010.D.
Page 2 of 4
Zone Text Amendment 15-1
September 6, 2016
•Should the City require that ambient music obtain an incidental
entertainment permit?
The Planning Commission consensus is that ambient music should not
be regulated through this ordinance.
• 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 Planning Commission consensus is that a noise standard should
be incorporated into the Ordinance. After the City retained the services
of a noise consultant, staff presented findings from the noise analysis
that a noise threshold of Lmax of 50dBA should be included in the
Ordinance. The noise consultant's report and recommendation were
reviewed by the Planning Commission at a study session held on June
20, 2016.
• Determine if the draft annual renewal provisions should be
modified to be less restrictive.
The Planning Commission consensus is that permitees who fail to
timely apply for renewal should not be barred for one year from
applying for a new permit, but that formal denial of a renewal permit
should bar a permittee for one year from reapplying for a new permit.
To implement this consensus, staff revised the proposed ordinance to
state that if a permittee fails to timely apply for renewal, the permit will
expire on its expiration date, and he/she will have to apply for a new
permit, but that the permittee will not be barred from reapplying for one
year. The ordinance has also been revised to state that denial of a
renewal permit (or a new permit) will bar a permittee (or applicant)
from seeking an incidental entertainment permit for one year unless
the Planning Commission (or City Council on appeal) denies the
application without prejudice. This second revision is consistent with
current Zoning Code Section 11.5.10.040, which provides for all
applications that a denial precludes the filing of an identical application
within one year of the date of denial unless the denial is without
prejudice. The proposed Ordinance still contains a one-year limit on
the term of each incidental entertainment 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.
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.
Page 3 of 4
Zone Text Amendment 15-1
September 6, 2016
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.
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 that the City Council approve
ZTA 15-1.
Prep-I d by:
Jim::sham
Director of Community Development
Attachments:
1. Resolution No. 16-19 — A Resolution of the Seal Beach Planning Commission
recommending adoption of Zone Text Amendment 15-1 regarding allowable
incidental business activities and noise thresholds
a. Exhibit A - Draft Ordinance 1648 (with mark-ups)
2. Draft Ordinance 1648 with no mark-ups
Page 4 of 4
ATTACHMENT 1
RESOLUTION 16-19 - A RESOLUTION OF THE SEAL
BEACH PLANNING COMMISSION RECOMMENDING
ADOPTION OF ZONE TEXT AMENDMENT 15-1
REGARDING ALLOWABLE INCIDENTAL BUISNESS
ACTIVITIES AND NOISE THRESHOLDS
INCLUDES:
EXHIBIT A- DRAFT ORDINANCE 1648 WITH MARKUPS
RESOLUTION NO. 16-19
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF ZONE
TEXT AMENDMENT 15-1 REGARDING ALLOWABLE
INCIDENTAL BUISNESS ACTIVITIES AND NOISE
THRESHOLDS
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE
Section 1. On September 6, 2016 the Planning Commission held a duly
noticed public hearing to consider Zone Text Amendment 15-1, which would amend
Title 11 Chapter 11.4.05 of the Seal Beach Municipal Code regarding allowable
incidental business activities as set forth in the draft ordinance included as Exhibit "A".
Section 2. 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, regarding actions in compliance with the requirements of CEQA.
Section 3. The Planning Commission recommends that the City Council adopt
Zone Text Amendment 15-1.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on September 6, 2016 by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Esther Cummings
ATTEST: Chairperson
Jim Basham
Planning Commission Secretary
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 11.4.05 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. 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
(proposed additions are underlined; proposed deletions are marked by strike-puts):
D. Allowable Incidental Business Activities.
1. Allowed Uses. The following activities with or without using
amplified equipment or instruments are allowed without an
Incidental Entertainment Permit when deemed incidental to a
legally established commercial business, and when
conducted in compliance with the operational standards
identified in subsection D.5.d:
a. Book or poetry readings in a café, restaurant, or bar;
b. Fashion show in a café, restaurant, or bar;
c. Parlor games or party games in a café, restaurant, or
bar;
d. Live, unamplified 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 café; 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:
Ordinance Number 1648
a. Dancing;
b. Karaoke; and
c. - • . _ - _ - -- - •' • ; - -
performances, such as by singers, musicians,
Performances by singers,
musicians, comedians, actors, magicians, or other
entertainers of any kind, from a stage.
3. Incidental Related Activities. Incidental activities customarily
related to the main business use (for example, exhibition of a
gallery; book reading or signing in a bookstore) in
compliance with Chapter 11.5.25: Director Determinations
shall comply with the applicable standards identified in
4.3. Incidental Entertainment Permit Required. The Inci'dental
as follows: 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
- . _ _ _ _ _ •_ • _ • • • _ _ _ • •• _ . _ - • e 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:
a. For an activity that will occur less than weekly no
permit is required.
c. For an activity that will occur more than once a week,
with Chapter 11.5.20: Development Permits.
The Planning Commission may amend the specified days and
2
Ordinance Number 1648
with noticing as required for a--Minor-Use Permit, provided that the
amendnient-docs not increase the total number of days or amount
of time for the allowed activity.
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, café 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 objectionable 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 Planning Commission shall be required
for all incidental enter amp business activities
except as provided in subsection AD.-0) —of this
section 11.4.05.010. The property owner, tenant or
other person owning or operating the business or
other use shall be responsible for obtaining approval
of the Incidental Entertainment Permit for a specific
location, property or premises.
1. Exception. Incidental entertainment activities
Chapter 7.50 of this code.
Bb. Review Procedure.
(4i) Application ContentForms and Fees.
Applicants for Incidental Entertainment Permits
3
Ordinance Number 1648
shall file an application with the Director in
accordance with the application procedures in
Section 11.5.10.010: Application Forms and
Fees. a • • - - • r • _ - - - -Incidental Entertainment Permit shall file a
•_ • - e. - -- - • ee
pursuant to subsection C. Each application
• •
. r
knowledge.
(211) Notice. The City shall provide notice of
applications for Incidental Entertainment
Permits in accordance with Section
11.5.10.025: Public Notification.
(3iii) 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.
C. Fees. The initial application fee, the renowal fee, and
•, -- - - - - - - - - - -- - • - -
the follo g:
occupants within a 500 foot radius of tho
4
Ordinance Number 1648
applivat on. •• r
simulation,
2. Prior to or concurrently with mailing notice, the
. •
•
• r
r r u
r
e ••:
• •• - •• e • - •
• • • • • • r • •
requested notice,
et . • -
Commission shall not approve an Incidental
- •• • ••
C. Required Findings for Approval of Incidental
Entertainment Permit. An Incidental Entertainment
Permit shall be granted only if the Planning
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:
5
Ordinance Number 1648
(4k) 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;
(iii) The business or other use fer-at 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:iii) The proposed incidental entertainment
business activities are located in a zone
permitting the entertainment under Title 11 of
this code;
(44v) The proposed incidental entertainment
business activities will meet and comply with all
of the operational standards
restrictions stated set forth in sections
5.80.020.G11.4.050.D.5.d and any additional
entertainment restrictions imposed by the
Commission pursuant to section
5.80.020.HI 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;
(6.vi) The proposed incidental entertainment
business activities will not interfere with traffic
or pedestrian access along adjacent or nearby
rights of way, or off-street parking
requirements; and
(7-,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
6
Ordinance Number 1648
city or state or federal law in the conduct of the
previous incidental business
activities.
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.
. Development Standards. In order for the accessory
a. Location. The incidental activity shall occur only within
the interior area of the business, alongside the regular
specified in the permit.
part of the primary—business use and shall not be
sponsored by an outside promoter; however, an
d. Admission Charges. There shall not be admission
charges to enter the business or any other cover
ctbl4szc Impacts. All astivitic:-shall comply with Section
11.4.10.020.8: Noise.
f. Traffic and Parking. The incidental activity must not
f. Adverse Impacts on Adjacent Areas. The incidental
impacts on neighboring residential or commercial
property owners or tenants.
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
7
Ordinance Number 1648
business, use or activity in surrounding areas, all
incidental entertainment business activities shall
comply with all of the following operational standards,
whether or not an incidental entertainment permit is
require. • . . - - - - • •- -
aw(i) Duration; Expiration Date. When an
Incidental Entertainment Permit is approved,
t-The duration and expiration date of an
Incidental Entertainment Permit shall be
specified in the permit.
1 • r
An Incidental Entertainment
Permit shall expire either--(a)—one year from
date of approval of the permit er-(b) ' '8t_0f
5.08.030 unless the permit is renewed in
accordance with section
5.08030:x.-i 11.4.05.010.D.6.
b(ii) 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.
c. Frequency. The Planning Commission shall
in the per
(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
8
Ordinance Number 1648
Thursday and the hours of 6:00 p.m. to 10:00
p.m. on Friday and Saturday.
s.(iv) Outside Promoters. The incidental
entertainment-business 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.
d(v) Admission Charges. There shall not be
admission charges to enter the business or any
other cover charges based on the incidental
entertainment business activities.
e.(vi) Noise Impacts. All incidental entertainment
business activities shall comply with Section
11.4.10.020.B: Noise and all sound and noise
the-requirements set forth in this Chapter.
(vii) Traffic and Parking. The incidental
cntcrtainmont 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 entertainment
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.
h.(ix) Freedom of Speech. No condition may be
imposed pursuant to this chapter that
suppresses or regulates expression in any
manner contrary to law.
9
Ordinance Number 1648
h(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
interior building and shall not be violated at any
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 right-of-way.
(xviii) Acceptance of Conditions. No Incidental
Entertainment Permit shall be effective for any
purpose until the applicant signs and returns a
notarized "City Acceptance of Conditions"form.
(xviv) Noise Time Llimits. Live and amplified music
shall be limited to 42:00-noon6:00 p.m. to 9:00
p.m. Sunday trhrough Thursday and :00
neen6:00 p.m. to 10:00 p.m. Friday and
Saturday.
(Xviixv) Maximum Noise Level Near
Residentially Zoned Property. Live and
amplified music shall not exceed a maximum
noise level Lmax of 50d8A when measured at
any residentially zoned property exterior
location (front, side and rear yard, property
line, patio and or balcony.
6e. Entertainment Restrictions. When considering an
application for an Incidental Entertainment Permit,
Tthe Planning Commission may impose 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
including-bufnot limited to the following:
10
Ordinance Number 1648
-1,(i) The applicant shall shall submit to the
Community Development Department a sound
survey prepared by a licensed engineer
showing that the proposed incidental
entertainment business 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
business activities as part of a new
business - - • - •- - - - - - .. - -
ses;
(b)- To provide incidental entedainment
business activities at an existing
business
other-premises; or
(c)- To provide incidental entertainment
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.
27(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.
(iv) Incidental entortainment activities shall be
conducted so that all of the following
11
Ordinance Number 1648
b. All doors and windows shall be closed during all
&(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.
4.(v) The incidental entertainment 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 California
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.
6,(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.
ontitlemont, all incidental entertainment
..
&(viii) The ' - e - - . .. -- - • - - - . - •_
business operator or other permittee shall
provide a state licensed, bonded and certified
security guard(s) during the hours that the
incidental entertainment activities are provided
12
Ordinance Number 1648
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.
&(ix) The applicant business operator or other
permittee shall
and maintain security cameras
and/or other security measures to prevent any
adverse impacts on surrounding businesses or
other uses.
10. The occupancy limit established for the
• J
shalt be-prehibiteetaVall-tirnes,
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.;
13. No Incidental Entertainment Permit shall bo
14. A copy of the Incidental Entertainment Permit
made available to any code enforcement
upon request. The permit shall also bo
13
Ordinance Number 1648
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. a . - - - • e- - - - -
• • - - -•
Incidental Entertainment Permit, any interested•
- - - - • 5... • • - •' . . - - - - - - - - - -
Jq. Land Use Permits or Approvals; Compliance
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
conditions approvals-of the Incidental Entertainment
Permit, any such other permit, entitlement or
approval, and all other requirements of this Code in
order to 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.
Kh. Permits Not Transferable. An Incidental
Entertainment Permit approved pursuant to this
chapter is not transferable to any other person, use,
building, premises, or location.
L6. 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.
14
Ordinance Number 1648
47a. Deadline for Renewal Application; Expiration.
840 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
Ae-�
occurs-later.
b—(ii) If an-ape/leant-a permittee does not renew
apply for renewal of 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 as en--its
as provided in Section
11.4.0.010.D.7. until the applicant obtains
renewal application that is submittcd after the
renewal application by the deadline shall
• : - . "• ••: - -: ••••
in Section 11.4.05.010.D.7.
(iii) If the permittee files a timely renewal
application, the expiration date shall be based
on date of approval of the renewal permit or
date of denial of the renewal permit by the
Planning Commission (or City Council on
appeal).
, •
(iv) Upon denial of the renewal of an
Incidental Entertainment Permit, Alno new
15
Ordinance Number 1648
Incidental Entertainment Permit shall be
approved for the same business, use or
location for twelve (12) months after the
effective date of expiratiendenial unless the
denial was without prejudice.
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.
(ii) 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.
d. Application Contents and Fee. An
of-the-city-seuncil.
e Public Ah " nd Nearing
- - - - - - .- - . .t
procedures set forth in subsections E
and F of section 11.4.05.010.6(E),(F).
b. For all subsequent renewal applications for the same incidental
16
Ordinance Number 1648
. - . . ••
accordanco with Subsoction D of this soction 5.08.020. Tho
- - a - - - le •• : • •= - - • - - - - - - - - -
notice.
M.(iiiv) 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 sectionD.5.c; and if the
Director Commission is unable to make all of
the findings set forth in subsection F of section
5.08.020D.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 Director Commission
shall may impose additional entertainment
restrictions renditions as provided in
subsection D.5.d to ensure compliance with all
of the - - - - - •- - - •- - -- - a: - • - - • • -
of section requirements of this section
11.4.05.010. S(-F)D and this code.
N.(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.
87. 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 (or City Council on
- . _ _ the Incidental
17
Ordinance Number 1648
Entertainment Permit shall expire according to its
terms on the expiration date specified in the permit. If
a renewal application is denied, the Incidental
Entertainment Permit shall expire on the date of
denial.
b. Effect of Expiration or Denial of Renewal Permit.
(i) Upon expiration of the original or any renewal
Incidental Entertainment Permit, all incidental
business activities shall immediately cease
except to the extent allowed under subsection
11.4.05.010.D.1.
ci)(ii) If the Planning Commission (or City Council on
appeal) denies the renewal permit, then Nno
new Incidental Entertainment Permit shall be
approved for the same business, use or
location for twelve (12) months after the
effective date of expiratiendenial unless the
denial is without prejudice.
- .. .. .
deadline set forth in subsection L of this
section, or the Director denies the renewal
. . -- •••'
shall expire according to its terms on tho
incidental entertainment activities shall
immediately-cease.
P.--88. Procedures for Revocation or Suspension of Permit and
Imposition of Administrative Fines. Violations of this
chapter section 11.4.05.010.D and of any Incidental
Entertainment Permit issued pursuant to this chapter
may be processed and determined in accordance with the
following provisions-of-this-sestion.
8.a. Revocation of Permit - Grounds. The Planning
Commission may revoke an Incidental Entertainment
Permit if the Commission makes any one of the
following findings:
18
Ordinance Number 1648
�(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 entertainment business activities
authorized by the permit is-are in violation of
any provision of this chapter section
11.4.05.010.D or this code, or any other
statute, ordinance, law, or regulation, or
constitutes a public nuisance; or
4(iv) 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
public nuisance.
Rib. Penalty for First Offense— Administrative Fine;
Appeal.
4(i) Administrative Fine. If the Director or any
other citation authority makes any of the
findings set forth in subsection D.9.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:(ii) 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.
(iii) 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.
19
Ordinance Number 1648
Sc. Penalty for Second Offense —Administrative Fine
and Revocation.
4 (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
Director-Planning Commission shall impose a
$200 fine and revoke the Incidental
Entertainment Permit.
(ii) Revocation Procedures.
(a) Notice. The City 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,
a.(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
20
Ordinance Number 1648
the !' -- - - - • •• . _ • . - . - t - • - •:
Planning Commission or
City Council on an appeal.
mod. 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.
4.(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 D.9.c.(ii) of this
section 5,80,04011.4.05.010, 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.
Miii) 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 judicial action pertaining to the decision
of the Commission.
U e. 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.
21
Ordinance Number 1648
W. Pre-existing Existing-Businesses-With-Lawful Iy
Established---Incidental Entertainment-Business
Activities Prior to Ch. pier Effective Ante
4(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 business activities
pursuant to Chapter 11.4.05, Section
I1.4.05.010.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 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
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.
1A410. Modifications by permittee. Any permittee who proposes
a change or modification to the incidental entertainment
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.
22
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. Any 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 under state law.
x: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.
1413. Remedies cumulative. Any violation of this chapter section
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:
TABLE 11.5.05.025
REVIEW AUTHORITY
23
Ordinance Number 1648
Review Authority and Role
TYPE OF PROCEDURE DIRECTOR PLANNING CITY
PERMIT OR IS IN: COMMISSION COUNCIL
DECISION
Land Use Permits and Other Development Entitlements:
_
Incidental Chapter Decision Appeal
Entertainment 11.4.05
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, 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.
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
24
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 day of , 2016.
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
to 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
25
ATTACHMENT 2
DRAFT ORDINANCE 1648 WITH NO MARKUPS
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 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. 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 without an
Incidental Entertainment Permit when deemed incidental to a
legally established commercial business, and when
conducted in compliance with the operational standards
identified in subsection D.5.d:
a. Book or poetry readings in a café, restaurant, or bar;
b. Fashion show in a café, restaurant, or bar;
c. Parlor games or party games in a café, restaurant, or
bar;
d. Live, amplified or unamplified tableside entertainment
performed by no more than 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 café; 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:
a. Dancing;
Ordinance Number 1648
b. Karaoke; and
c. Performances by singers, musicians, comedians,
actors, magicians, or other entertainers of any kind,
from a stage.
3. Incidental Entertainment Permit Required. 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 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:
a. 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), in a retail store, gallery,
restaurant, café or any other business or use; and
b. 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.
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.
5. Incidental Entertainment Permit and Approval Procedures.
a. Permit Required. An Incidental Entertainment Permit
issued by the Planning Commission shall be required
for all incidental business activities except as provided
in subsection D.1 of this section 11.4.05.010. The
property owner, tenant or other person owning or
operating the business or other use shall be
2
Ordinance Number 1648
responsible for obtaining approval of the Incidental
Entertainment Permit for a specific location, property
or premises.
b. Review Procedure.
(i) Application Forms 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.
(ii) Notice. The City shall provide notice of
applications for Incidental Entertainment
Permits in accordance with Section
11.5.10.025: Public Notification.
(iii) 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.
c. Required Findings for Approval of Incidental
Entertainment Permit. An Incidental Entertainment
Permit shall be granted only if the Planning
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:
(i) 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;
(ii) The business or other use at 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
Ordinance Number 1648
NO The proposed incidental business activities are
located in a zone permitting the entertainment
under Title 11 of this code;
(iv) The proposed incidental business activities will
meet and comply with all of the operational
standards set forth in section 11.4.050.D.5.d
and any additional entertainment restrictions
imposed by the Commission pursuant to
section 11.4.05.010.D.5.a of this chapter;
(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;
(vi) 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 business activities.
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, whether or not an
incidental entertainment permit is required:
(i) Duration; Expiration Date. When an
Incidental Entertainment Permit is approved,
4
Ordinance Number 1648
the duration and expiration date of an
Incidental Entertainment Permit shall be
specified in the permit. An Incidental
Entertainment Permit shall expire one year
from date of approval of the permit unless the
permit is renewed in accordance with section
11.4.05.010.D.6.
(ii) 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.
(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 business
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.
(v) Admission Charges. There shall not be
admission charges to enter the business or any
other cover charges based on the incidental
business activities.
(vi) Noise Impacts. All incidental business
activities shall comply with Section
11.4.10.020.8: Noise and all sound and noise
requirements set forth in this Chapter.
(vii) Traffic and Parking. The incidental business
activities shall not generate enough additional
traffic to warrant the need for additional off-
street parking on a regular basis.
5
Ordinance Number 1648
(viii) Adverse Impacts on Adjacent Areas; Public
Nuisance. The incidental 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.
(ix) Freedom of Speech. No condition may be
imposed pursuant to this chapter that
suppresses or regulates expression in any
manner contrary to law.
(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
interior building and shall not be violated at any
time.
(xii) 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 right-of-way.
(xiii) Acceptance of Conditions. No Incidental
Entertainment Permit shall be effective for any
purpose until the applicant signs and returns a
notarized "City Acceptance of Conditions"form.
(xiv) Noise Time Limits. Live and amplified music
shall be limited to 6:00 p.m. to 9:00 p.m.
Sunday through Thursday and 6:00 p.m. to
10:00 p.m. Friday and Saturday.
6
Ordinance Number 1648
(xv) Maximum Noise Level Near Residentially
Zoned Property. Live and amplified music
shall not exceed a maximum noise level Lmax
of 50d8A when measured at any residentially
zoned property exterior location (front, side and
rear yard, property line, patio and or balcony.
e. Entertainment Restrictions. When considering an
application for an Incidental Entertainment Permit, the
Planning Commission may impose 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 not
limited to the following:
(i) The applicant shall submit to the Community
Development Department a sound survey
prepared by a licensed engineer showing that
the proposed incidental business 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 business activities
as part of a new business;
jb) To provide incidental business activities
at an existing business; or
(c) To provide incidental 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.
7
Ordinance Number 1648
(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.
(v) The incidental 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 California Alcoholic
Beverage Control, conditional use permit or
any other restriction issued by any regulatory
power with authority over the business, use or
premises.
(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 business operator or other permittee shall
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.
(ix) The business operator or other permittee shall
and maintain security cameras and/or other
security measures to prevent any adverse
8
Ordinance Number 1648
impacts on surrounding businesses or other
uses.
(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.
f. 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.
g. Land Use Permits or Approvals; Compliance
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
conditions of the Incidental Entertainment Permit, any
such other permit, entitlement or approval, and all
other requirements of this Code in 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,
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.
h. Permits Not Transferable. An Incidental
Entertainment Permit approved pursuant to this
chapter is not transferable to any other person, use,
building, premises, or location.
6. Renewal of Incidental Entertainment Permit. An
Incidental Entertainment Permit may be renewed annually by
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Ordinance Number 1648
the permittee subject to compliance with all of the following
provisions.
a. Deadline for Renewal Application; Expiration.
(i) A renewal application shall be filed at least
thirty (30) days prior to the expiration date set
forth in the Incidental Entertainment Permit.
(ii) If a permittee does not apply for renewal of 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
as provided in Section 11.4.0.010.D.7.
(iii) If the permittee files a timely renewal
application, the expiration date shall be based
on date of approval of the renewal permit or
date of denial of the renewal permit by the
Planning Commission (or City Council on
appeal).
(iv) Upon denial of the renewal of an Incidental
Entertainment Permit, no new Incidental
Entertainment Permit shall be approved for the
same business, use or location for twelve (12)
months after the effective date of denial unless
the denial was without prejudice.
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.
(ii) Notice. The City shall provide notice of
applications for renewal of Incidental
Entertainment Permits in accordance with
Section 11.5.10.025: Public Notification.
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Ordinance Number 1648
(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.
(iv) Required Findings, 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 D.5.c; and if the Commission is
unable to make all of the findings set forth in
subsection D.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 Commission may
impose additional entertainment restrictions as
provided in subsection D.5.d to ensure
compliance with all of the requirements of this
section 11.4.05.010. D and this code.
(v) 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.
7. 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 section D.6.a. of this section,
the Incidental Entertainment Permit shall expire
according to its terms on the expiration date specified
in the permit. If a renewal application is denied, the
Incidental Entertainment Permit shall expire on the
date of denial.
b. Effect of Expiration or Denial of Renewal Permit.
(i) Upon expiration of the original or any renewal
Incidental Entertainment Permit, all incidental
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Ordinance Number 1648
business activities shall immediately cease
except to the extent allowed under subsection
11.4.05.010.D.1.
(ii) If the Planning Commission (or City Council on
appeal) denies the renewal permit, then no
new Incidental Entertainment Permit shall be
approved for the same business, use or
location for twelve (12) months after the
effective date of denial unless the denial is
without prejudice.
8. Procedures for Revocation or Suspension of Permit and
Imposition of Administrative Fines. Violations of this
section 11.4.05.010.D or of any Incidental Entertainment
Permit issued pursuant to this section may be processed
and determined in accordance with the following provisions.
a. Revocation of Permit - Grounds. The Planning
Commission may revoke an Incidental Entertainment
Permit if the Commission makes any one of the
following findings:
(i) The permit was obtained by misrepresentation
or fraud;
(ii) The operational standards or entertainment
restrictions of the permit have been violated;
(iii) The incidental business activities authorized by
the permit are in violation of any provision of
this section 11.4.05.010.D or this code, or any
other statute, ordinance, law, or regulation, or
constitutes a public nuisance; or
(iv) 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
public nuisance.
b. Penalty for First Offense— Administrative Fine;
Appeal.
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Ordinance Number 1648
(i) Administrative Fine. If the Director or any
other citation authority makes any of the
findings set forth in subsection D.9.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.
(ii) 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.
(iii) 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. Pena/ty 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
Planning Commission shall impose a $200 fine
and revoke the Incidental Entertainment
Permit.
(ii) Revocation Procedures.
(a) Notice. The City 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
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Ordinance Number 1648
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,
(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
the Planning Commission or City Council on an
appeal.
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 Appea/. 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 D.9.c.(ii) of this section
11.4.05.010, 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.
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Ordinance Number 1648
(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 judicial action pertaining to the decision
of the Commission.
e. 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.
f. Pre-existing Lawful Incidental Business Activities.
(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 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) 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
(b) There are no code violations on such
property or use; and
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Ordinance Number 1648
(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 permittee. Any permittee who proposes
a change or modification to the incidental 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.
11. Public Nuisance Defined. As used in this subsection
11.4.05.D, a public nuisance means any of the following:
a. Any 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 under state law.
12. 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.
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Ordinance Number 1648
13. Remedies cumulative. Any violation of this section
I1.4.05.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:
TABLE 11.5.05.025
REVIEW AUTHORITY
Review Authority and Role
TYPE OF PROCEDURE DIRECTOR PLANNING CITY
PERMIT OR IS IN: COMMISSION COUNCIL
DECISION
Land Use Permits and Other Development Entitlements:
Incidental Chapter Decision Appeal
Entertainment 11.4.05
Permit
Except as otherwise specifically amended by the aforesaid addition, Table
11.5.05.025 remains in full force and effect.
Section 3. 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, 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
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Ordinance Number 1648
occurring, conducted or taking place inside or outside a building and attended by
members of the public.
Section 4. Savings Clause. Neither the adoption of this Ordinance nor the
repeal or amendment by this Ordinance of any ordinance or part or portion of any
ordinance previously in effect in the City or within the territory comprising the City, shall
in any manner affect the prosecution for the violation of any ordinance, which violation
was committed prior to the effective date of this Ordinance, nor be construed as a
waiver of any license, fee or penalty or the penal provisions applicable to any violation
of such ordinances.
Section 5. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance or any part thereof is for any reason held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this ordinance or any
part hereof. The City Council of the City of Seal Beach hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 6. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and posted
in the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of , 2016.
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
th 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:
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Ordinance Number 1648
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
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