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HomeMy WebLinkAboutItem ISEAS r � Z`• AGENDA STAFF REPORT i OFORN,%r�/ DATE: January 23, 2017 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 11.4.05.010.D OF CHAPTER 11.4.05 TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO ALLOWABLE INCIDENTAL BUSINESS ACTIVITIES SUMMARY OF REQUEST: That the City Council conduct a public hearing and, upon conclusion, introduce and conduct first reading of Ordinance No. 1659, amending Section 11.4.05.010.D of Chapter 11.4.05 title 11 of the Seal Beach Municipal Code relating to allowable incidental business activities. BACKGROUND: At the meeting of November 14, 2016, the City Council further discussed the proposed ordinance and decided that the entertainment procedure outlined in the ordinance should be modified to allow business owners the opportunity to apply for entertainment as part of the business license process. Additionally, the proposed ordinance incorporates revisions to the Zoning Ordinance to allow amplified entertainment with operational standards, limit the number of entertainers, eliminates the requirement for an additional fee and public hearing. Staff believes the revised draft ordinance simplifies the permitting process and expedites the business license issuance procedure through the business license application. If the City Council decides to adopt the ordinance, staff will coordinate with the Finance Department on incorporating the entertainment operational standards through an informational guide that can be issued to business owners who desire to conduct entertainment as an incidental activity to the primary business. ENVIRONMENTAL IMPACT: This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, 21080, et seq., "CEQA ") and Agenda Item I CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the amendment relates to existing rules and procedures governing amplified and unamplified entertainment as an incidental business activity; consists only of the proposed modification of the existing zoning provisions regulating entertainment incidental to a primary business activity or other use on a site, including upgrades and other revisions and clarifications to enhance the existing regulations and procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. The amendment therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in compliance with the requirements of CEQA. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. LEGAL NOTIFICATION: Legal notice of the Public Hearing was published in the "Sun" newspaper on January 12, 2017. FINANCIAL IMPACT: Funds are available in the FY16/17 Budget for the purchase of the sound meter at a minimum cost of $800. There is very little likelihood that a need will arise for hiring of a contract code enforcement officer prior to the end of the current fiscal year. Further, staff training can occur through a contract with the noise consultant at an additional cost. Staff will monitor the implementation process and provide any additional costs, which may include the hiring of a part-time code enforcement officer, during the FY 17/18 Budget process. RECOMMENDATION: That the City Council conduct a public hearing and, upon conclusion, introduce and conduct first reading of Ordinance No. 1659, amending Section 11.4.05.010.D of Chapter 11.4.05 title 11 of the Seal Beach Municipal Code relating to allowable incidental business activities. FTED BYc`;. Jim Bas Director Development Attachment: A. Ordinance No. 1659 Page 2 NOTED ( ANDAPPROVED: Jill R. Ingram, City Manager Attachment "A" ORDINANCE NO. 1659 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 11.4.05.010.D OF CHAPTER 11.4.05 OF TITLE 11 AND ADDING SECTION G 70 094 OF CHAPTER 6.70 OF TITLE 52=017 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 aR when deemed incidental to a legally established commercial business, when approved at the time of issuance of the business license, and when conducted in compliance with the operational standards identified in_ ° ^ ^' ^^ ^ 'paragraph 1a of this subsection: a. Book or poetry readings in a cafe, restaurant, or bar; b. Fashion show in a cafe, restaurant, or bar; C. Parlor games or party games in a cafe, restaurant, or bar; d. Live, amplified or unamplified tableside entertainment performed by no more than 4 (aae) -4 four individuals (including but not limited to a singer, musician, instrumentalist, magician, balloon entertainer, face painter or comedian) in a retail store, gallery, restaurant, e�cafe, or any other business or use; 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. Ordinance Number 1659 2. Prohibited Uses. The following entertainment activities are prohibited as incidental business activities: a. Dancing; b. Karaoke;and C. Performances by singers, musicians, comedians, actors, magicians, or other entertainers of any kind, from a stage. OR .:.= NZ - 43. 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 with 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. N Ordinance Number 1659 fl .. .. . ..... . IWO . .. . . .. .. .. . ... . . .. . . . fl .. .. . ..... . . . . .. . . .. .. .. . ... . . .. . . . 3 Ordinance Number 1659 6++.t1�{St1.�r.I1:LT.TJ.T�+T.0. n .T..n7 MMWIN . M hair. _ ■. n y,�y�,��jy��y . M da. 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, rd Ordinance Number 1659 �.- ..•• . When aR ERtertaiRMeRt PeFrnit shall be -• - business shall expire on .. expires. license a aGGGrdaRGe with seGtieR 11.4.0. • ■ _ • incidental business conducted business that does not business license. 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. 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 12:00 p.m. to 9:45 p.m. on Sunday through Thursday and the hours of 12:00 p.m. to 10:45 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.B: Noise 61 Ordinance Number 1659 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. (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 f- erm#Conditions. A copy of the approval of the itncidental ERt PeFmit— business activities 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 approval shall also be displayed along the front window facing the public right -of -way. (xiii) Acceptance of Conditions. Approval of No (incidental €Rtert<aiRmeat Permit business 2 Ordinance Number 1659 activities shall be effective for any purpose until the applicant signs and returns a notarized "City Acceptance of Conditions" form confirming their agreement to abide by all provisions of this Section. (xiv) Maximum Noise Level Near Residentially Zoned Property. Live and amplified music shall not exceed a maximum noise level Lmax of 50 dBA when measured at any residentially_zoned property exterior location (front, side and rear yard, property line, patio and or balcony). 7 Ordinance Number 1659 1.1 Ordinance Number 1659 gf. Land Use Permits or Approvals; Compliance Required. Approval of aa— tincidental Ent PeFmit- business activities 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- business operator and property owner shall comply with all applicable requirements and conditions of the '^^'dent^' E ^teFta'^ ^ ^t °nrn„t any sachother permit, entitlement or approval applicable to the property and /or use, and all other requirements of this Code in conducting the incidental entertainment business activities in the building or other premises. Violation of any provision of t#e I„^ dental F.^t^.tAinm^nt o„rrno his Section, 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 City's approval of +incidental Entei4a4nmeR Permitbusiness activities, or such other civil and E Ordinance Number 1659 criminal remedies as provided in this seetieaCode. No business license shall be issued which includes incidental business activities except upon written business license zoning clearance from the Director confirming that incidental business activities are allowed by the underlying zoning and any applicable conditional use permit, variance or other land use permit, entitlement or approval issued under this Title. #i. ar - Approval Not Transferable. Aa —The City's approval of lincidental F.RteFt inmeRt °nr^,' business activities appreved—pursuant to this chapter is not transferable to any other person, use, building, premises, or location. 10 Ordinance Number 1659 11 Ordinance Number 1659 Ifl 12 Mollow. MINIM,., M-t - - 12 M-t - - 12 Ordinance Number 1659 1 Me iRl Ordinance Number 1659 ♦ ••• • • •• • • ••• •• •• • •• 14 Ordinance Number 1659 ��. 15 Ordinance Number 1659 ■ 16 Ordinance Number 1659 Section 2. Section 11.5.05.025 of Chapter 11.5.05 of Part V of Title 11 is hereby amended to add Incidental ERteilaiRmeRt °nr^,"s Business Activities to Table 11.5.05.025 as follows: TABLE 11.5.05.025 REVIEW AUTHORITY Review Authority and Role TYPE OF PROCEDURE ltz Ete' I CITY PERMIT OR NO COMMISSION COUNCIL MMUN. R07 --- e Section 2. Section 11.5.05.025 of Chapter 11.5.05 of Part V of Title 11 is hereby amended to add Incidental ERteilaiRmeRt °nr^,"s Business Activities 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 Zoning Decision Appeal ER�iRMeR 11.4.05 clearance PeFmitBusiness approval. Activities 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: The Director of Community Development of the City of Seal Beach, or the designee thereof. 17 Ordinance Number 1659 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 4. Periodic Review. The City Council shall review the implementation of this Ordinance six months and one year after its enactment. Section 5. 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 6. 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 7. 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 th day of 2017. ATTEST: Robin L. Roberts, City Clerk Sandra Massa - Lavitt, Mayor in Ordinance Number 1659 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 23rd day of January, 2017 and was passed, approved, and adopted by the City Council at a regular meeting held on the _th day of by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: and do hereby further certify that Ordinance Number 1659 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Robin L. Roberts, City Clerk 19 ORDINANCE NO. 1659 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 when deemed incidental to a legally established commercial business, when approved at the time of issuance of the business license, and when conducted in compliance with the operational standards identified in paragraph 3.a of this subsection: a. Book or poetry readings in a cafe, restaurant, or bar; b. Fashion show in a cafe, restaurant, or bar; C. Parlor games or party games in a cafe, restaurant, or bar; d. Live, amplified or unamplified tableside entertainment performed by no more than 4 (four) individuals (including but not limited to a singer, musician, instrumentalist, magician, balloon entertainer, face painter or comedian) in a retail store, gallery, restaurant, cafe, or any other business or use; 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: Ordinance Number 1659 a. Dancing; b. Karaoke; and C. Performances by singers, musicians, comedians, actors, magicians, or other entertainers of any kind, from a stage. 3. 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 with 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. a. 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: (i) Duration; Expiration Date. The approval of incidental business activities shall expire on the same date that the business license expires. No incidental business activities shall be conducted at any business that does not have a valid business license. (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, all incidental business activities shall be limited to the hours of 12:00 p.m. to 9:45 p.m. on Sunday through Thursday and the hours of 12:00 p.m. to 10:45 p.m. on Friday and Saturday. 2 Ordinance Number 1659 (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.B: 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. (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 K Ordinance Number 1659 interior building and shall not be violated at any time. (xii) Display of Conditions. A copy of the approval of the incidental business activities 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 approval shall also be displayed along the front window facing the public right - of -way. (xiii) Acceptance of Conditions. Approval of incidental business activities shall be effective for any purpose until the applicant signs and returns a notarized "City Acceptance of Conditions" form confirming their agreement to abide by all provisions of this Section. (xiv) Maximum Noise Level Near Residentially Zoned Property. Live and amplified music shall not exceed a maximum noise level Lmax of 50 dBA when measured at any residentially_zoned property exterior location (front, side and rear yard, property line, patio and or balcony). f. Land Use Permits or Approvals; Compliance Required. Approval of incidental business activities 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 business operator and property owner shall comply with all applicable requirements and conditions of any other permit, entitlement or approval applicable to the property and /or use, and all other requirements of this Code in conducting the incidental business activities in the building or other premises. Violation of any provision of this Section, 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 City's approval of incidental business activities, or such other civil and criminal remedies as provided 2 Ordinance Number 1659 in this Code. No business license shall be issued which includes incidental business activities except upon written business license zoning clearance from the Director confirming that incidental business activities are allowed by the underlying zoning and any applicable conditional use permit, variance or other land use permit, entitlement or approval issued under this Title. Approval Not Transferable. The City's approval of incidental business activities pursuant to this chapter is not transferable to any other person, use, building, premises, or location. Section 2. Section 11.5.05.025 of Chapter 11.5.05 of Part V of Title 11 is hereby amended to add Incidental Business Activities 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 Zoning Business 11.4.05 clearance Activities approval. 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: The Director of Community Development of the City of Seal Beach, or the designee thereof. 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, 5 Ordinance Number 1659 (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 4. Periodic Review. The City Council shall review the implementation of this Ordinance six months and one year after its enactment. Section 5. 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 6. 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 7. 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 th day of 2017. ATTEST: Robin L. Roberts, City Clerk Sandra Massa - Lavitt, Mayor 9 Ordinance Number 1659 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 23rd day of January, 2017 and was passed, approved, and adopted by the City Council at a regular meeting held on the -'h day of by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: and do hereby further certify that Ordinance Number 1659 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Robin L. Roberts, City Clerk 7