SR-802-015
PCD:SF:JT:AS:BL:f:\plan\share\council\strpt\TA98010arcade.doc
Council Mtg: December 14, 1999 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Conduct a Public Hearing and Introduce for First
Reading an Ordinance Amending Sections 9.04.08.12.020, 9.04.08.12.030
and 9.04.12.090 of the Santa Monica Municipal Code to Increase the Hours
that Game Arcades Can Operate Pursuant to a Performance Standards
Permit and to Clarify the Performance Standard Permit Requirement or
Consideration of Applicant?s Request for a Continuance
Introduction
This report recommends that the City Council introduce for first reading an ordinance to
modify game arcade operating hours pursuant to a Performance Standards Permit from 8
a.m. to 10 p.m. every day, to 8 a.m. to 11 p.m. Sunday through Thursday during the
summer season; 8 a.m. to 10 p.m. Sunday through Thursday during the off-peak season;
and midnight on Friday, Saturday and holidays year round. On July 21, 1999, the
Planning Commission recommended denial of applicant George Gordon Enterprises, Inc.?s
request to allow game arcades to operate until 2 a.m. everyday, and instead recommended
approval of the ordinance as proposed. The proposed ordinance is contained in
Attachment A. The applicants have requested to continue this matter to a future meeting
because of family medical emergency.
Applicant?s Request for Continuance
The applicant is requesting the City Council continue consideration of the proposed
ordinance for an indefinite period because one of the applicants can not attend this
meeting due to a family emergency. Since the public notices for this hearing were
published and mailed to neighbors prior to receipt of the request, staff has decided not to
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administratively consider this request but present the matter for Council consideration
pursuant to SMMC Section 9.04.20.22.120 and City policy to encourage public
participation. The Code provides that such a request shall be denied unless:
?There is strong reason justifying the applicant?s request which could not
reasonably have been foreseen or planned for. Inconvenience, conflicting
business, or voluntary change of counsel, is not considered adequate justification.?
In considering the applicant?s request, the City Council should also consider the impacts
that multiple continuations have on public participation. In this case, the Planning
Commission previously granted two continuances on June 2, 1999 and July 7, 1999. The
Commission denied a third continuation request at the July 21, 1999 meeting. This is the
applicant?s second request for a continuance of the Council hearing, both due to medical
reasons. The first request was approved administratively because the request was
received prior to mailing notices to neighbors and resulted in the matter being continued
from December 7, 1999 to December 14, 1999. The current request was submitted
November 29, 1999. Staff is concerned that some neighbors who wish to participate will
lose interest if this item is continued further. Moreover, at least one of the applicants and
their legal counsel is available to represent the applicant. The effect of a further
continuance would be to allow the applicant to continue operating the game arcade
beyond the currently permitted hours of operation, and the hours recommended by the
Planning Commission. Copies of the continuation requests are contained in Attachment J.
Background
Zoning Ordinance Performance Standards were adopted in 1988 to ensure that
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development projects that could impact the surrounding neighborhood will be harmonious
with the neighborhood?s character and consistent with the goals, objectives, and policies of
the General Plan. Game arcades were included in the category of projects requiring a
Performance Standards Permit (PSP) because the noise and activity commonly associated
with game arcades can decrease compatibility with adjacent and surrounding uses.
Therefore, specific location limitations, development standards, and operational standards
were imposed on arcade establishments. The game arcade standards required new and
existing game arcades to obtain a Performance Standards Permit by September 1989 and
conform to the 15 standards specified in Section 9.04.12.090 (Attachment E). Subsection
(k) of these standards includes limiting game arcades operating hours from 8:00 a.m. to
10:00 p.m.
The applicant operates the Playland Arcade on the Santa Monica Pier pursuant to a lease
agreement. Although the applicant?s lease agreement allows the arcade to remain open
until 2:00 a.m., provisions of the lease also require the Playland Arcade to comply with all
pertinent laws, including the Zoning Ordinance Performance Standards. The lease is valid
until July, 2000, with an additional 10 year lease option. Currently, the Zoning Ordinance
allows game arcades on the Santa Monica Pier and properties along The Promenade
portion of the RVC (Residential Visitor Commercial) District (Attachment K). The Playland
Arcade is currently the only licensed game arcade in the City; however, the proposed
ordinance would also affect any arcade that might be established in the future.
Proposed Amendment
The applicant?s proposal asks to amend the Zoning Ordinance to allow game arcades to
operate until 2 a.m. every day of the week. The applicant cites compliance with the lease
agreement as the reason for requesting the proposed ordinance amendment. The
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applicant?s request is contained in Attachment C.
Although the applicant?s lease may allow operation after 10:00 p.m., the lease is
superseded by City law, and City Law currently prohibits arcade activity after 10 p.m.
Additionally, the fact that the proposed amendment would bring the lease into compliance
with City law does not provide a justification for amending the Zoning Ordinance. Pursuant
to SMMC Section 9.04.20.16.030, the decision to change the City?s Zoning Ordinance
must be based on the merits of the proposal and its consistency with the goals, objectives,
policies, land uses and programs specified in the City?s General Plan; and that the public
health, safety, and general welfare require the adoption of the proposed amendment.
Game Arcade Impacts
There are a significant number of residential dwelling units in the beach area adjacent to
the Pier and The Promenade. Unlike other commercial areas of the City, which have direct
access from commercial boulevards, many of the visitors to the arcade on the Pier, and
potential arcades on The Promenade, must walk or drive through the adjacent residential
neighborhood to access and depart from the Pier and The Promenade areas (Attachment
K). As noted in Section 9.04.12.090, increased noise and crowds are commonly associated
with game arcades. The City?s game arcade regulations were adopted to ensure
compatibility with adjacent and surrounding uses. The limitation on operating hours was
adopted to prevent arcade establishments from adversely impacting surrounding
residences during the late evening hours. The Residential Visitor Commercial (RVC)
District is intended to protect the existing residential mix in the area while providing for the
concentration and expansion of coastal-related, lodging, dining, recreation, and shopping
needs of tourists and others in the oceanfront area. The current game arcade operating
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hours allow for an entertainment related use consistent with the amusement/visitor serving
character of the Pier and The Promenade, without unreasonably impacting neighboring
land uses.
After 10 p.m. higher noise levels, bright lights, and other impacts that are acceptable
during the day and early evening hours, become unreasonable annoyances to neighbors.
The City?s Noise Ordinance and the game arcade requirements restrict uses, activities and
noise impacts which are not acceptable after 10 p.m. Accordingly, any amendment to
allow game arcades to operate after 10 p.m. requires evidence that the use will not create
noise impacts or other neighborhood disruptions.
Staff prepared an analysis of pedestrian crowds, noise and traffic impacts on the
Pier/Promenade neighborhood prior to recommending that Pacific Park be allowed to
operate until midnight on weekends and 11 p.m. on weekdays during the summer beach
season. The increase in activity in the area on Friday, Saturday and holidays set these
days apart from weekdays, warranting later weekend hours. Additional evening activity
during the summer season also justifies increasing the weeknight hours to 11 p.m. during
the peak summer beach season (Memorial Day through Labor Day). Since arcades are
allowed with the approval of a Performance Standards Permit, which require game arcade
buildings to be soundproofed, designed with adequate floor area, lighting, restrooms,
public telephones and provide adult supervision; staff believes that, as with Pacific Park,
game arcades can be compatible with adjacent and surrounding uses and operate to
midnight on Friday, Saturday and holidays and 11 p.m. during the summer when visitors to
the Pier and surrounding beach front area are most prevalent. The Playland Arcade
currently operates until 2 a.m., creating pedestrian crowds, noise and nuisance problems
both on the Pier and in the adjacent neighborhood during the early morning hours. Staff,
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however, believes a moderate expansion in operating hours for game arcades on
weekends, holidays and during the summer season is appropriate as it is consistent with
the character and intent of the visitor serving RVC District and consistent with the
operating hours of other similar uses in the district. For example, Pacific Park operates as
late as 11 p.m. Sunday through Thursday during the summer season; to 9 p.m. Sunday
through Thursday during the off-peak season; and to midnight on Friday, Saturday and
Holidays (Pacific Park may stay open until 12:30 a.m. weekends and holidays if they
provide a special police patrol).
Police Department Comments
The Police Department has expressed concerns regarding the applicant?s request to
permit game arcades to operate until 2 a.m. (Attachment D). The Police Department?s
Community Relations Division reports that the project vicinity is an area necessitating
above average police attention relative to the other Crime Reporting Districts in the City.
The Police Department also reports higher serious crime rates during the proposed late
evening and early morning hours compared to daylight and early evening hours. They also
report that the Playland Arcade is responsible for a significant number of Police calls
compared to other businesses on the Pier. There were 435 calls for service on the Pier in
1998, of which 58 of those calls were at the arcade and 35 additional calls were related to
the Arcade, for a total of 93 calls. Although data on the number of related calls are not
available for prior years, 1996 and 1997 data indicate calls that were logged to the Arcade
address show similar crime impact on police resources. According to the Police, most of
the Arcade related incidents occur after midnight when most businesses are closed and
Pier patrons shift from families and general age population to adolescent and young adult.
The Arcade caters to young adults. Police resources are required when younger Arcade
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customers gather on the Pier outside the Arcade in-lieu of going home when they finish
playing the arcade games, as required by the City Curfew Ordinance.
Pier Restoration Corporation Recommendation
The Santa Monica Pier Restoration Corporation supports the applicant?s request. The
recommendation of the PRC is contained in Attachment G. Correspondence from the
public is contained in Attachment H.
Planning Commission Recommendation
The Planning Commission held a public hearing on July 21, 1999 to consider amending
operating hours for game arcades. The Commission recommended denial of the
applicant?s request, and approval of the additional operating hours as presented in the
proposed ordinance. The Planning Commission stated that the current 10 p.m. closing time
was unnecessarily restrictive during the summer season and on weekends. However, the
Commission expressed concern that the applicant?s proposal would unreasonably impact
the adjacent residential neighborhood given the noise and nuisance problems associated
with the arcade during late evening/early morning hours. The Planning Commission?s
overall consensus was that game arcades should be allowed similar operating hours to
Pacific Park. Comments were also made during the Commission hearing that people
congregate in the 1440 parking lot in the early morning hours after the beach parking lots
close at midnight. Because the arcade is generally the only business on the Pier open
after midnight that allow minors, younger people congregate adjacent to the arcade. The
fact that there is no enforcement of the midnight closing of the beach parking lots was
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raised as an issue that contributes to these early morning activities. As a separate, but
related issue, the Planning Commission also recommended that the beach parking lot
hours be enforced. (The Police Department and Community and Cultural Services are
addressing the after hour parking lot problem). Minutes of the July 21, 1999 Planning
Commission hearing are contained in Attachment I.
Conclusion
The applicant?s request would allow game arcades to operate from 8:00 a.m. to 2:00 a.m.,
any day of the week. Although the Playland Arcade is currently the only licensed game
arcade in the City, the proposed amendment would also affect any arcade which might be
established in the future. Game Arcade standards were included in the category of projects
requiring a Performance Standards Permit (PSP) because the noise and crowds commonly
associated with the use raise compatibility issue related to adjacent and surrounding
residence and businesses. In order to mitigate the impacts of this use on surrounding land
uses, the performance standards limit operating hours; require game arcade building walls
to be soundproofed to absorb noise; limit the volume of amplified music; and require
adequate floor area, lighting and public restrooms, adult supervision, and public
telephones.
The City?s game arcade hours were adopted to protect the public health, safety, and
general welfare by reducing pedestrian crowds and associated noise in the adjacent
residential areas during the late evening and early morning hours when excessive noise
and pedestrian and vehicular activity is most disruptive. With the requirement to close at
10:00 p.m. on the weekdays during the off-peak beach season, staff believes the City?s
game arcades can operate without negatively impacting sensitive residential uses. The
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increase in community activity on Friday, Saturday and holidays set these days apart from
weekdays and justifies later weekend hours. Additional evening activity during the summer
season also justifies increasing the weeknight hours to 11:00 p.m. during the peak season
(Memorial Day through Labor Day). Staff believes that game arcades can be compatible
with adjacent and surrounding uses and operate to midnight on Friday, Saturday and
holidays and until 11:00 p.m. during the peak season.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA pursuant to Class 5(a) of
the State Implementation Guidelines in that the project involves a minor reduction in land
use limitations of existing and future game arcades.
PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the Text
Amendment was mailed to all property owners within 300' of the Pier and RVC parcels
along The Promenade and published in the Argonaut newspaper at least ten days prior to
the hearing. A copy of the notice is contained in Attachment B.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council hold a public hearing and introduce for first
reading an ordinance amending Sections 9.04.08.12.020, 9.04.08.12.030 and 9.04.12.090
of the Santa Monica Municipal Code to allow game arcades to operate pursuant to a
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Performance Standards Permit until midnight on Friday, Saturday and Holidays year
round; 8:00 a.m. to 11:00 p.m. Sunday through Thursday during the summer season; and
8:00 a.m. to 10:00 p.m. Sunday through Thursday during the off-peak season, as specified
in the attached Ordinance.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Bruce Leach, Associate Planner
City Planning Division
Planning and Community Development Department
Attachments:
A. Proposed Ordinance
B. Notice of Public Hearing
C. Application Statement & Information from the Applicant
D. Police Department Recommendation
E. Game Arcade Standards, Section 9.04.12.090
F. RVC Uses and Development Standards
G. Correspondence From the Pier Restoration Corporation
H. Correspondence From the Public
I. Minutes of the 7/21/99 Planning Commission Meeting (excerpt)
J. Request for Continuances
K. Map of Areas Allowing Game Arcades
SF:jt:as:bl
F:\PLAN\SHARE\COUNCIL\STRPT\TA98010arcade.wpd July 7, 2007
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