HomeMy WebLinkAboutSupplemental Information Item P Distributed after Posting of Agenda:r:ttf,\ P
Robin Roberts
From:
Bogart's Coffee House <info@ bogartscoffee.com >
Sent:
Sunday, October 23, 2016 3:24 PM
To:
Ellery A. Deaton; Sandra Massa- Lavitt; Mike Varipapa; David Sloan; Gary Miller
Cc:
Jim Basham;'Deb Machen'; Jill Ingram; mthomasca @gmail.com; Robin Roberts
Subject:
Incidental Entertainment
Dear Esteemed members of the City council, Planning Commission and City Staff
I am writing in advance of tomorrow evenings meeting to present my thoughts on the proposed changes to the
Incidental Entertainment ordinance.
The intent of the changes were to ensure that the noise resulting from music at venues in the area did not
interfere with the resident's right to a certain level of quiet at their home. I also understand that the result of the
noise study was that a 50dB level was the estimated acceptable sound level at the property line of the
residents. So with that in mind, here are my thoughts.
1. Regarding allowable times of entertainment— I would propose that the entertainment (which was already
required to comply with the sound levels at residential property lines) be allowed to continue up to the
allowable closing time of the business. For us that would be (during the summer months) IOpm Sunday —
Thursday, and l 1pm Friday and Saturday. From We September through May we close an hour earlier (9pm
weekdays, lOpm weekends.) I was thinking that there may be times when a jazz trio from a local school, for
example, would want to perform on a Sunday afternoon. Assuming compliance with the noise restrictions,
why would this not be allowed?
2. I am hopeful that the ordinance has addressed the requirement of all entertainers to possess a business
license themselves, since the young performers who come to Bogart's Coffee House to perform in most cases
would not possess such a license. We do not pay our performers. They may collect tips from audience
members. If performers are not being paid, and are simply entertaining in a public place, a business license for
the performer should not be relevant and if required, would dissuade the young artists from coming in to play.
3. Regarding renewal of licenses, I was of the understanding that if no violations of the ordinance were
reported during the yea , then the renewal notice would be sent (just as the business license renewal is sent) to
the business, and the annual fee would be paid in a timely manner by the business. If there is compliance of the
toles through the year, it should not be necessary to stand in front of the City Council or Planning Commission
each year for approval of a renewal of the license. It would be a much less costly procedure if much like
businesses pay the annual Business License fee that we renew our Incidental Entertainment License by
mail. This would reduce the impact to the Planning Commission or City Council as well as reduce the use of
taxpayer funds.
Thank you so much for working so diligently on this complex issue. I trust that the outcome will be a positive
one for the Business Owners as well as the local community.
All the best,
JoAnn Adams
Owner, Bogart's Coffee House
P
Robin Roberts
From: Robert Goldberg <rgoldberg @live.com>
Sent: Sunday, October 23, 2016 8:30 AM
To: Ellery A. Deaton; David Sloan; Sandra Massa - Lavitt; Gary Miller; Mike Varipapa
Cc: Robin Roberts; Jill Ingram; Jim Basham; Patty Campbell; Deb Machen; Esther Cummings
Subject: Comments & Questions on Incidental Entertainment Permits
Attachments: Entertainment Permits.10.24.16.Comments.doc
Dear Council Members, Planning Commissioners, and Staff,
I am glad we are finally at the end of a long process that started in October 2014 when the Mayor and I were
Planning Commissioners.
Please find attached my comments and questions, and thank you in advance for your consideration.
Robert Goldberg
P.S. Robin, could you please forward to Commissioners Thomas and Klinger for me? I don't have their emails.
Agenda Item P: Comment on Incidental Business Activities
Dear Council Members,
I would like to submit the following questions and comments into the record for the
public hearing on this matter.
Staff Report:
Page 2. The last sentence in the first bulleted paragraph states
"Under the proposed ordinance, an establishment with 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 licenser
Question #1: Where is the language in the proposed ordinance that states this
requirement? I could not find it.
Page 3: The last paragraph includes references to a one -year penalty for failure to file
for renewal on time:
"The purpose of the one -year prohibition is to encourage permittees to obtain
renewals of their permits if they wish to continue incidental entertainment, and to
allow staff to evaluate any concerns by adjacent or nearby property owners and
occupants regarding any adverse impacts resulting from the incidental business
activities. 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."
This verbiage directly contradicts the preceding statement that
"The Planning Commission agreed that permittees who fail to timely apply for
renewal should not be barred for one year from applying for a new permit"
Question #2: Why does this paragraph contain inconsistent information?
1
Page 5: The Financial Impact section indicates "no financial impact' from adopting this
ordinance.
Comment #1: The noise consultant has stated that enforcement of his recommended
standard (maximum noise level Lmax of 50 dBA) will require the City to either have a
consultant on -call to enforcement measurements (23 hours per week during "music"
hours), or purchase a new sound measurement device or devices for several $1000's
each and pay a consultant to provide training to staff. This latter option would then
require the City to have code enforcement staff on -call, unless our police officers would
assume this responsibility.
Questions #3: Which of these options does staff intend to use for enforcement? What is
an estimated cost for enforcement of the incidental entertainment noise standard?
Proposed Ordinance:
Section 1
D.S.d. Compliance with Operational Standards. ...all incidental business activities
shall comply with all of the following operational standards, whether or not an
incidental entertainment permit is required:
(iii) Hours of Operation. Except as otherwise provided in any conditional use
permit or other land use entitlement 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.
Comment #2: Since D.5.d.iii applies to "All incidental business activities" even if an
incidental entertainment permit is not required, then these restricted hours of operation
will also apply to all of the listing of activities found in D.1 at the beginning of the
ordinance. These include book or poetry readings, fashion shows, and party games,
activities that would be expected generate no appreciable exterior noise.
Question #4: Why would we want to prohibit afternoon fashion shows or book readings?
Comment #3: 1 would recommend deleting (iii) Hours of Operation in its entirety. Our
current code has no "hours of operation" on incidental activities allowed without a
permit. Restricted hours of operation are appropriate for activities likely to cause noise
in residential areas which is music. Restriction on hours for music is provided already in
the section below on Noise Time Limits:
ij
D.S.d. Compliance with Operational Standards
(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.
Note also that the time limits in (iii) for any incidental business activity are identical to
the time limits specified in (xiv) for music. Section (iii) is unnecessary and should be
deleted.
D.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.
L 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.
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.
Comment #4: The verbiage of section D.7 is almost entirely found in prior section D.6.a.
If just 12 words from D.7 are added to D.6.a (see my edits below), then D.7 can be
eliminated. I don't think having such duplication is advisable. Shouldn't the Muni Code
be as short as possible? Therefore, I would recommend that section D.6.a be modified
slightly (see my edits below), and that D.7 be subsequently deleted.
D.6. Renewal of Incidental Entertainment Permit. An Incidental
Entertainment Permit may be renewed annually by the permittee subject
to compliance with all of the following provisions.
a. Deadline for Renewal Application; Expiration.
3
(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 pFevided in SeGtie
1:4.05.010.8 according to its terms on the expiration date
specified in the permit. Upon expiration of the Incidental
Entertainment Permit, all incidental business activities shall cease
and no incidental business activities shall take place at the site,
property or premises until the permittee obtains approval of a
renewal permit from the City, unless the incidental business
activities are otherwise allowed without an Incidental Entertainment
Permit-by Section 11.4.05.010.D.1 of this chapter.
(iii) If the permittee files a timely renewal application as required by
subsection D.6.a.i, 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.
Comment #5: There is no Section D.9. The proposed code goes from D.8 to D.10.
Section 3 Definitions
Section 11.6.05.010 of Chapter 11.6.05 of Part VI of Title 11 is hereby amended to
include the following definitions:
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
in
occurring, conducted or taking place inside or outside a building and attended by
members of the public.
Comment #6: The above definition includes "ambient music" which is not the intent of
this ordinance to regulate.
Question #4: Why is "ambient music" found in the definition of "entertainment' but
nowhere else in the body of the ordinance?
Question #5: Regarding definitions, shouldn't the definition of "Lmax" be included in this
section?
Thank you for your consideration,
Robert Goldberg