HomeMy WebLinkAboutCC Ord 1659 2017-02-13ORDINANCE 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:
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.
Ordinance Number 1659
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.
(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.
(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
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Ordinance Number 1659
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.
1 (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 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 not 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
in this Code. No business license shall be issued
which includes incidental business activities except
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Ordinance Number 1659
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 uthority 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,
(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.
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Ordinance Number 1659
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 13th ay of Febru ry, 2017.
SarE A,indra Massa - Lavitt, Mayor
Robin L. Roberts, City
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 unanimously 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 13`h day of February, 2017 by the following
vote:
AYES:
Council Members:
Massa - Lavitt, Varipapa, Sustarsic, Moore
NOES:
Council Members:
None
ABSENT:
Council Members:
Deaton
ABSTAIN:
Council Members:
None
and do hereby further certify that Ordinance Number 1659 has been published pursuant
to [26&
y Charter and Resolution Number 2836.
Robin L. Roberts, City Clerk
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