Loading...
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 1 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 2 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 3 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 4 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, 5 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 6 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 7 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 8 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 9 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 10