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Counc~l Mtg Ju1y 8, 1997 Santa Monica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Recommenda#~on to Introduce for First Reading an Ordmance Amend~ng
Article IX of the Santa Monica Municipal Code to Allow Inc~dental Arts and
Enterfainment Uses within t~e CM Ma~n S#reet Commercial District
iNTRODUCTION
Th~s staff report recommends that the C~ty Council ~ntroduce for f~rst read~ng an ordinance
amending Article IX af the Santa Monica Munic~paf Code to perm~t "incidental arts and
er~tertamment uses" with~n the CM Ma~n Street Commercial D~strict On October ~6, 1996,
t~e Planneng CommESSion voted 5-0 to recommend that the City Councii adopt the
proposed Zaning Ord~nance text amendment The praposed ord~nance is con#ained ~n
Attachment A.
BACKGROUND
In Apn! 1996, t~e Planning Commissian d~scussed the recent trend of retail operators on
Main Street to utifize T~mporary Use Permits (TUP) ta provide occasional li~e
entertainment The demand for this "~r~ciden#a1 use" is most prom~nent amang bookstares,
record/music stores and coffee houses that want to #~ald poetry readings, children's
readings and storytelling, baok signmgs, lectures, and musical performances as part of
their reta~l operafcons The Plann~ng Commission directed staff to ~nvestigate the status of
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existing activities and return w~th recommendat~ons
In July 1996, Plann~ng staff recammended a d~scretianary procedure as the appropnate
method to allow mcidental arts and enterta~nment uses on Main Street The Plannmg
Commission concurred with staff's recommencfation and directed staff to develop a two-
tierEd approacl~ where some types of mcidenta~ enterta~nment could be permitted through
a Use Permit and some wou~d requ~re a Conditional Use Permit (CUP) A Use PermEt
allows d~scretionary rev~ew of uses wh~ch may ~mpact the surrounding env~ronment to a
lesser degree than those uses sub~ect to a CUP A Use Permit ks sub~ect to Zoning
Administratar re~iew and a}~peafable to the Plannfng Comm~ssion, a CUP is sub~ect to
Planning Commiss~ort revi~w and appealabl~ to City Councif B~th perm~ts require that
findings be made relati~g to compat~bility, placement of the use on the site, and
cor~s~stency w~th t~e General Plan ]n addition, approval of a CUP requires that fmdmgs
be made that the use would not impair the integr~ty and charact~r of the d~stnct ar~d that
there is not an over concentrati~n of the use in the area The Commission recommendecf
that criter~a be developed #or each perm~t based on square footage, number of seats,
hours of operat,on, and frequency of the entertainmer~t activ~ty
En September 1996, the Main 5treet Merchants and the Oc~an Park Commun~ty
OrganizatEan cosponsored a communrty meet~ng to discuss the praposed incidenta! arts
and entertarnment use In general, there was suppo~# for allaw~ng the uses on Main Street,
but concern was expressed regard~ng aperat~ng hours and the patential ~o~se impacts on
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ad~acent and nearby res~dents The discret~onary perm~t process was felt to be essential
to ensure that the inc~dental entertamment use enhances and does not negatively impact
the commercial and ~es~dential Mam Street comm~nEty
ANALYSIS
Proposed Ordinance Amendment
Although the Zoning Ordinance currently pro~ides a def~nition far nightciub, restaurant,
and mcidental faad ser~ice, there as no definition far an incidental arts and entertainment
use N~ghtclubs are estabfishments that provide mus~c, dancing and other er~tertainment
which may also serve food and alcahol, but are not a restaurant or bar Restaurants, by
definition, offer food for on-site cans~amption and may provide entertainment during the
hours and in the areas that food ~s served, pro~Gded there is no cover charge, min~m~m
drink purchase requiremen# or dancmg Incidenta[ food serv~ce allows IimEted on-site sale
and consumption of food ar beverages in a retail establ~shment but does not a11ow
ente~ta~nment The proposed arts and entertainment ~se cambines components af the
n~ghtcl~ab, resfaurant, and ir~c~dental food ser~~ce uses The followmg defm~tion is
propased
Sect~on 9 04 02 030 437
'7rrc~dEntal arts and entertarnment use" -- the use of a b urldrng, room or other ~ndoor spaee
for enfertarnment such as musrcai and dramattc performances or other forms of personal
express~on where the use ~s rnc~der~tal to a pr,mary permri~ed refa~! use (not rncludrng a
restaurant use~
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]nc~d~ntal arts and entertammertt uses on Ma~n Street would be sub~ect to e~t~er a Use
Permit or a Condit~ona! Use Perm~t ProJects meetmg the follaw~r~g perFormance standards
would be allowed sub~ect to the approval of a Use Permrf
a) There -s rro alcoho! a!lowed on the premrses
b) No outdoor arts and enterfarnment act~vrtres are permrtfed
c) No dancing rs allov~ed except by scheduled performers
d) The prem~ses may have food and beverage servrce orrly if such servrce +s
ofherwrse perm~tted through fhe ~ssuance of arr Admrnrsfratrve Approval for
rncrdental food servrce The ~ncrderafa! arfs and entertainment use must occur
wrthrn the same space as the rncrdenta! food serv~c~
e) This permrt may be issued only for premrses consider~d reta~l busrnesses,
and not for prem~ses classr~ed as restaurants or bars under the Santa
Monrca Zan~ng Code
f) The Establrshmenf musf comply wrth the Crty's Norse 4rd~nance (Chapter
4 12 af fhe Sanfa Marrrca Munrcrpal Code ) and all applrcable Burldrng,
Zonrng and Frre Code requrr~menfs rneludrng occupancy requrrements
g} AI! wall operarngs abutt~ng resrdenfrally-zoned propert~es, excepf for
emergency ex~ts must be soundproofed !f the use rncludes amplr~ed music
or vorce, aN entrances and non-emergeracy exrts must be f+rvo door
vestrbules
h) The premrses shall be kept rn a neat and arderly condrtron at a!! t~mes
r) The retarl use rs open and operat~ng durrng al~ times fhaf the rnc~denta! arts
and ~ntertainment use rs occurr~ng
~) lncrdental arts and enter~arnment uses may not contrnue after ~0 00 p m
Sunday through Thursday, and not later than 19 00 p m on Fr~day and
Safurday
k) Any area ded~cafed ta tncrdenta! arfs or entertarnment use, ~ncludrng
seatrng, shall nof exceed 250 square feet
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Incid~ntai arts and entertainment uses requiring a CUP wou~d be subaect to the same
perfo~mance standards as c~#ed above far Use Permits, howe~er, there would be no
~~m~tat~on on operating hours or area ded~cated to the entertair~mer~t actGV~ty These ~ssues
would ~e evaEuated snd~v~dually, based upon the appi~cant's request and site location
Plannmq Commission Recammendations
In general, the Planning Commiss~on concurred with the proposed amendmE~ts The
Planr~~ng Comm~ssian recommended that incidenta~ food uses shau~d provide the
entertamment with~n the same s~ace as the food serv~ce to ensure that these
establishments do not became strict[y entertainment venues, that the perfarmance
standards reference compliance with the Naise Ordmance, and that performance dance
be pe~mitted These recommendat~ons were inc~uded m the above d~scuss~on and have
been ~ncorporated in the propased ordmance
In add~tion, the Comm~ssion recommended that only mcidental food uses, and not
restaurants, be ei~gible for an arts and entertainment perm~t This limitation would prevent
restaurants from m~susing the permit to become a d~nner theater or nightclub En order to
clearly d~stmguish the two food senrtce categories, the Commission suggested tF~at staff
review the Ca;lifornia Health and Safety Cade for any applicable regulatians In
researchmg this state law, sfaff found that the Health Code considers any establ~shment
that sells food for on-site cansum~tion a restaurant, while the Santa Mon~ca Zoning
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Ordinartce ident[fies incidental ~ood service as a retail estabfishment Staff cancurs w~th
the Plann~ng Commiss~an's concerns and has therefore addressed the CommESSion's
car~cern by allowmg ti~e entertainment use to accur oniy witl~m an approved retail
establishment that is not considered a r~staurant as defined by tne Zoning Ord~nance
The Planri~ng Camm+ss~a~ also fecommended a4lawi~g dayt~me actfvit~es, such as art
openings with m~s~c or bookstore readings to occur pnor to 8 00 p m without appraval of
a Use Permit or CUP Staff is concerned that tl~is would enable incidenta3 arts and
entertainment uses tQ occur on Ma~n Street be~ore 8 00 p m by-rrght, thereby eliminatmg
the abiEEty to impose any aperating conditions on the use Additiflnally this would
elrmi~ate t~e abrlity to determine thraugh a discre#ionary pracess if the use is compatible
with on-site and surrounding lar~d uses, if there ~s an aver concentration of samilar uses in
the area, ar~d ~f the ~ite is appropriate for the use Therefore, staff has not ~r~cludecf this
language in the proposed ordinance
In addition, the Planning Comm~ss~on d~sc~ssed perm~ttmg tF~e use of amplifred voice
without two daor vestibules at entrances an~ exits for the use permit only Staff was
concerned that amplified voice could create an ~mpact equal to am}~lified m~sic, and has
not included this change in fhe proposed ordinance
CEQA STATUS
This recommendat~on is categarECally exempt from California Environmental Quality Act
&
review pursuant to Section 15305 of the State Guidelines, Class 5, in that this text
amendment constitutes a mmor alteratEOn to the existmg land use l~mitation which will nat
result in changes to land use or density
FEES
If a perm~t were requ~red, the current fees are $1 D51 85 for a Use Perm~t, $ 1,377 93 for
a Cand~tional Use Perm~t ~00 square feet or less, $2,077 41 for a Cond~t~onal Use Permit
of 501 -5~00 square feet, and $ 2,766 37 for a ConditEOnal Use Perm~t of 5,001 square feet
or more
PUBLIC NOTIFICATlQN
Pursuar~t to Ga~ernment Code Sections 65090 and fi5091 no#ice of the public hearmg was
mailed to a!I owners of prop~rty located within a 300 foot rad~us of the pra~ect at least ten
consecutive calendar days prior to the hearing A copy of the notice is contained in
Attachment H
CONCLUSION
The residential and busmess commun~ty m the area of the Main Street Commercial D~strict
have expressed support for a mechanism to allow incidental arts and enterta~nment uses
m retaif establishmer~ts an Main Street By rec~u~r~ng a discretionary permit process the
proposed ordinance ensures that fhe incidental arts and entertatnment uses will not
ad~ersely impact tF~e ad~acent land uses Staff has not proposed any I~mitat~on on the
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number of incidental entertainment uses permitted on Ma~n Street Rather, the permit
review process can determine on a case-by-case basis whether a proposad incidental arts
and entertainment use is appropnate for a particu~ar location gG~en the ad~acent and
surroundir~g land uses
BUDGET/FINANCIAL IMPACT
The recommendatfon presented in this report does r~ot have a b~adget or fiiscal impact
RECOMMENDATEON
It is recommended that the City Council conduct a public h~aring and introduce for first
reading the attached ordrnance
Prepared by Suzanrte Frick, Director
Karen Gmsberg, Piann~ng Manager,
Amar~da Schachter, Senior Planner,
SaraF~ Le~eune, Associate Planner,
Piannmg and Communi#y pevefopmen# Department
Attachments A proposed Ordinance
B October 16, 1996 Pfann~ng Comm~ssion Staff Report
C October 16, 1996 Planr~ing Cornm~ssion M~nutes
D July 17, 1996 Planning Commission Staff Report
E July 17, 1996 Plann~ng Commission Minutes
F April 1Q, 1996 Plann~ng Commissian M~nutes
G Public Not~ce
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ATTACHMENT A
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CA:f:~atty\muni\laws\mhs`artmain
City Council Meeting 7-8-97 Santa Monica, California
ORDINANCE NUMBER ~CCS)
(City Counczl Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE ZONING ORD~NANCE TO ADD A
DEFINITION OF "INCIDENTAL ARTS AND ENTERTAINMENT USES" AND
ESTABLISHING STANDARDS FOR SUCH USES IN THE MAIN STREET
COMMERCIAL DISTRICT
WHEREAS, the Planning Commission adopted a Resolution af
Intention to amend the zoning ordinance to add a definition of
"inciden~al arts and entertainmen~. uses" and to permit such uses
subject to speci~ied standards in the CM Main Stree~ Commercial
District; and
WHEREAS. the Planning Commission held a public hearing on the
propased amendment and made recommendations ta the Ci~y Council
tollowing the hearing; and
WHEREAS, the City Council held a public hearing an the
propased amendment on July S, 1997; and
WHEREAS, the City Council finds and declares that the
proposed amendment is consistent ~n principle with the goals,
abjectives, policies, land uses, and programs specified in the
adapted General Plan, specifically Land Use Eleinent Ob~ective
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i1 ~ ~ Q
#1.5 and Policy ~1.57. These policies call for City action to
accommodate commerczal uses that serve the Santa Monica communi~y
and beyond, while respecting adjacent neighborhoods. Further the
Land Use Element identzfies the Main Street Commercial District
as an area where leisure time opportunities for residents and
visitors to the area are pravzded. The proposed amendments allow
for fam~ly orientad leisure time activities through a permitting
pxocess which works to minimize the impacts of these activities
on adjacent and nearby residences; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment, in that in order to
provide for arts based, family oriented leisure time activities in
an alcohol-free environment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONTCA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.02.030.417 is hereby added to the
Santa Manica Municipal Cade to read as follows:
9.04.a2.030.417 Incidental arts and entertainment
ue~::
Trie: u~e o~ 3 t~._il-ii: 4, i c:~ir~ •-r t:~Y:~~ ir.:xoor s~a^e
~c~ P_'~"i=~xtair_mc.~•~r Ca ~~ ~, ina:,ical ar_~ drar~a~ic
Fer~:~x-r:~n~t?~~ or cth~z icir~:: oF .. ~y::c~n ~_ «xF~c,~~~cxi w~~rr~.:
`.:lE l..S° lE"i 11..:1.._.._ z~ ~___ .~ ~:Y :' ~..'_'~' `}C:' tll",{~r: 4~'r~i: . LE3C
2
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;n~t _nc=uGizg G x~~~~-ur~nt ._:~^;
SECTION 2. Section 9.04.08.28.035 of 'the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.28.035 Uses $ubject to a use permit.
(a) Outdoor newss~ands.
i:~ti Iz•c,dci-ta_ ar'_~: -.::d ~.=`::~-..l:ri.~c~nt u~~~ w_.ze:~
m~et th~ :._ . ~~.r i a o* S~r_~ _-.r ,~ . t.'•~ ._? .;74~ af t:~is t'1~3~t??"
SECTION 3. Section 9.04.08.28.040 of the Santa Monica
Municipal Code is amended to read as follaws:
9.04.08.28.040 Conditionally pexmitted usea.
The following uses may be permitted in the CM
District subject to the approval of a conditional use
permit:
(a) Bars.
(b) Billiard parlors
(c) Bowling alleys.
(d) Business colleges.
(e) Ca~ering businesses.
{f} Dance studios.
(g? Exercise facilities.
(h) Fast-food and take-out establishments.
(i) Homeless shelters with fifty-five or more beds.
!7! i-~~ i~~r_~al a=. . .r.:~ •~ritt:rtai~•r~r.t u~e~, wh' cz
rn:~~t th2 ca~-Fria c~t ~;-_..' _ ~.: :~ . ;4 . .~ ~C c;f_ ttyi „ C:~a~t~ r.
3
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(j) ;~~~' Medical, dental and optometrist facilities
at the first floor or in excess of ~hree thousand square
feet.
(k} ~.~~` Meeting rooms for charitable, youth and
we~fare organizations.
(1 } (~°~; Museums .
(r~ti) ~°n~ Music conservatories and instruction
facilities.
{1Y} ;~~~; Places of worship.
(~} '~~~:: Restaurants with fifty seats or more
(~~ ~~~: Retail stor~s with thirty percent or less of
the total linear shelf display area devoted ~o alcoholic
beverages.
(:~) (~~ Sign painting shops.
(i} ~::~;~.: Theaters having mare than seventy-five
seats.
{~) [~~: Trade schools.
-~t'r '~u~:: Wine shops devated exclusively to sales of
wine. There shall be no limit on the total linear shelf
display area.
(u) (v) Any otherwise permitted uses in the CM Main
Street Cammercial district which occupy more than
seventy-five hundred square feet of floor area.
{~) -~~~: Any otherwise permitted uses in the CM Main
Street Commercial district the ground floar Main Street
frontage of which exceeds seventy-five linear feet.
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~~ ~ ~
(w) {~~ Al1 uses other than speczfically prohibited
uses, that ar~ determined by the Zaning Administrator ta
be similar and cons~stent with those uses specifically
permit~ed, subject to performance standards! or
conditionally permitted.
SECTION 4. Section 9.04.13.040 is added to the Santa Mvnica
Municipal Code to read as follows.
9.04.~3.040 Incidental Arts and Entertainment Vaea.
The Fur~c:r~~ cL th~.. .~~c~ ir.:• ~; to er_~are =:~at
in~_id~,ata1 a~ ~ ~ rae~c: -~• ' - - = «i:~~r~.., u~c~~ 1 c~c~t:~d ir. .._i~
~lain Street C;~rr,-r~~r: i a_ ,~P: i.z.,rri .... ~}~a ll r.ot aavers~ly
impact s.trr~un3ir.a L~:.~~5, i7 ~'' ~li."s~~ rl!J I_L~~rriy x~sic~~:`1t1:3~
Ll.~'a~;~, ~r_d $}:c~~i ~)t? Ca°',"1' ~:~_: _:1 .., ~i:l'_:~Y' k'r._~r~ P_I1t1~YlC;E'3
ar:d pr.^.tP_C~s~ t::c _:: . . . :r _:f .._z ~ ~isr_ric~ . =he
tal=owir:c spe^ al ~o:_dy: ~.r~:~ :~~~~ .}+ t~ li1Cl~~r.t..~_ ~rt:~ ~_n3
entPxta- nr~ent s~ e:~ :
~) : ° No a=c~Y~c, I i ; ~ ---c~r::- :a ~ r_ r.~c ;;rAr~'_~e~ .
~~: ~:o , a~.c~:;~~r a_ ~ = ~.-: i :r<<~r<<_.--me:~~ u.=t_i;rit'_es
~.re ~etri~ttc~d .
c~ ~.o dar.c:ii , - • -- --~_xF,c. c:xc~~~F•._ ~y s~ ~~e3uled
pexf~rn~r~ .
d~: '~ ae p=e;r.i-r .: w ']1r }:~: _ ~ =...x;, ~.r:i k-c.verGcxe FRPY'VIC~
;~n=y ~t ~uch ~;ertiic.s ~• c.~.ttc~=:.i~~- r~F~Yr.iitte;~ th=o~:ga th~
i~~u~~r.e~ o~ ar_ Fs:i .:~ 4=.. _ti ~ LSi~:~rL.t~a . ~or ir.cid~:it~.l
fO~C. E'('_'"'v'1CP_ 1'ti_ ~ Il. :~ I~` ~:i'"t.. .li:[.~. '?1'lrE?T-~i3''7'7"]:~. L1SP
5
~~ ~~
must ar_ctixr wi~ tii.~ ~: :_ :;_~r~- :r ~~- ~~°. ~~ie i:ic::3er~t-~1 foa3
~~rvice
e~:: 'I'zi~ ~c = ~:~_. •- ~ti• k:~: . ..~_ r: ~~lv far Mremis^s
c:r;r~~i3~=r~d r~t~a• a i•.:~-n=..-~ :~, .:i-i :is;. fc,r ~ret~~se:~
~-a~si~_F~ a~ rc~wta _~.~r ~~ ~a~: :c~r ..:i.• Saifta t4c~ui c~ ~or~: n3
~r3izance.
~~: t'~~~ e~~a~.l~~hn~~_~*. r~u~t ~..:ri~~ly wi`a tre C:i~y~s
Nci~c O~~~ir_ar_::e ,;~raX;l-cr ~.' f c~_ ~t ~~ ~~:~4:i rtor.ic.a
1nun~ciFa] ~ociF_~ arici -~ , u.r.~' =c~ac.i_r ~,a~"n~ri~, Y~~ir~3 ~and
N ir~ c~o~l~ r~~q~ire•r :~i°t~ ~__ ..:, ~ ti~ c~c-~~.pa~~~~;• requirp•r~r.=~; .
~~ ~il w~~7 ~~~,~:~i: :~.~ ak.:z`~ ~n~ r.~s=de7~ially-zoned
~rcperti~s, ex;: ~~;: f~r .~~~~r~~r.ctir ~xi:s *1u~= bF-
SC1117G~rCCf°G:. __ C f ~ L..:°' .._.:1llc.E'~~ :~[C:i?_ _' 1CC TL,S1~ p~
VU- u~. ~~11 c?:lf.~rll'1G^. a.al C: rCil-~'f'1C'.'":,?IlC' jf C:}Cl~: ~(111St ~~ ::ri;7
daor VE:,~',t=~:111f~w ,
h~ ~'~'ie ~r~ri~ sc~ ~li.. _~:~ ~c~_~:. i:~ u Y~eat ar~d cr3~~'_y
^o-~dir.~o:~ ~t ~11 ~i~~~~.
i• T~e x^~a il ~~f;r ir ~.4r h= c:;:c.~i =n3 .s~..~r~tir.c 3•iri?~g
a1= ~~r~~s ~har th<< _1:••-:~~t_ .i; ~r.5 ... ~a E~r.:~~r~:~innezt ~:se
~s occurr:ng.
s ~ Inci3p:it:~ 1~~' :~, x:.~~ ^!-. _.'" i ~~=_nm~_it l]ue.i 1~1e2~7 =10=
~^^sr ~f ~cr ~:l . ~~~:, : . ^~. _~~» ,~'~v : 1.* UcY. Tt.a~ ~day, cY art~=
1.1.CC p.-r ~r. F_~ca~ ~. ~7 S,.-,arr_'„•,-.
:c; hr~y ar~« ~: :; :. i~~:~ •~ l:l:: 7 G:~1:- al art fi cr
EYl :E:Yf alIlill?_I7~ M.+° , : 'C _ ~'~' ' _ .'s' . ~ ~___: , c3:. All YlOt PXt~eed
~50 ~quaxe fec:}
6
~~ I5
SECTION 5. Section 9.04.14.140 is added to the Santa Monica
Municipal Code ta read as follows:
Sectian 9.O~.i~.a~a Incidental ~rts and
~it8~`t~ at~~~~ iTs e s .
~~'° ~'~s'_'r~C~ .i= Zr:15 ~~:.~_...: _~ ~~ ~ _~.~'_~: }: ~ :
_ . ~l~' ' . . . 1 i '1" . . . I . ' ~ ~ . ~ . . c . ' ~ .
~•-~l:l .C'' .~:': ~ ~.,_ `L=~.-LL~ ..~.~r~ ._1~~- .~~ ~"...-- r.J.. ~J- :~ ~t_ .
=mpact surrouncling use~, p~rticu~~r ~} ne~~ by rE~ : der.ti a 1
..._:ry~ j ~°~ : ~ _? . _ ~2 _^.?': ~_:aX1~ti;. ~~': _ "'F:ri:~~'_~ - ° _ ..._7 ~ ~:1;__..~::
.~ii~J E~r c~t <<...~, t I~r• i ntr+c~+•: ry c~~ -1~F~ I>> :.t r- i:•t . 'i I~~
~v3:l~~~ng spe~ial condita~an.s sha~~. a~p~~ ~~ i~~~.~~n~a~
'~Y~S ~ai~ ~i~~~.~L~3.nm~~~ ~r'~7~.r~'Js
~~ Tt.ere is r:o ~slcohol ~illc~ea ~~ ttyc~ ~:rer•iscs.
bE} 1~~ outdoor arts and e:~terta~n~~~t ~4t~•.~:~le~
_9r= ~~r:~ilt~: r..
~~ i:a danc~nq is al l~,:ed exc~~t by s~~e~iu : e~
~~x~o~ers .
d} 'fn~ pr_:.~i~~~ -~ay ha ~e `_~cd and bt~~e~ a~e s,er~~7 C°
a~~ ~=a ~~~_~ s~rvice is ctrerY:ise p~r^~itted throuut. t::~
iss~aance ~[ an ':d:~inistrativ~ ~1~~,rrv~l faw ir.~.:i~:e:~~ul
__~_~ .,.._ ._c:,. Tr~ incicfental arts ar.d c~ntprt~ irment us^
-u=~ c~~aw :~__h~n the same sp~ce ~as tf~c ir.cider:tal tcoc~
s~z~r ~~e .
~} I'his ~e~rit May be i~~:_ued cnly f~r prenisc~
Ct~n~ide:~ec~ rEta~ 1 bu~ine~s~ ~, and r.ot far premis~s
ci~:~,sif' ie~ ~:s r~Ct~~xr~~nt~~ or ~~.r:: unde; tn~ ~ ari~~~ -~or.i~~~
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% c. . i : :c: : r . .. .: :
~~ .^~ e~~~~~_~:.-e~;. r,~sY _~ ~1_ :.i~ : tr~ ~~-~;'s
[Vc~ i~~~~ +)i rJ i r+~~,:c•~~ (c`ri~i~,tr~r r.lz of 1-l,r~ :~~,nt .~ Mc~i~ <<:~~
_'':L::~.'~.1F'i~l .".i:.7~~ ~.... ii~~ :~:."1_~3.'..~^ :.~1~•~~_ ~j ~:~~_:l~ e~ri.,.
~
I . -~- ~c.Jc rear.,;~G-~r.t~ _::~~w~~:._ :.~...:~~~~t- ~[^~:Lre'~e-~~.
Jf 17~~ ~~3i_ ."'~.~T~r~'~i ~MJ~r. . r~ Y'tiJ1J~.~~ ~i,y~~~.~~~r
pro~ertles, except far emerce~icy exits mus: k,e
saundp~ao~ed. If *he use ~ncl~.a'es ar~1=£icd mUS~ ~ cr
•. • , . . ~i. . . _.~•. ~~ r.-~ r~• ;~~•~_ _ •xits ru~t be tr.a
.:~ti,~ .E~~_~•.._~S.
h, Ir~ nre~ises shall be kept in a neat and arde_3~~
~:.:. ~:_~~~~ ~~ ~1]. time~.
i~ The retaii use must be o~en 3n~ cperatirYg aur':::~
._~ . t.`. ..~- ..__~~ ,__C ~r. _.:~:1~~_ Gr ._ ~..~. ~~ M~~ - ~1 ~~,. 1: ~
~.~: vs.~.~___.'..~'
SECTION 6. Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provisions of this
Ordinance, ta the extent of such incansistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provzsians af this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or
8
~ ~' 1 ~
phrase of this Ordinance is far any reason held to be invalid or
uncanstitutional by a decision of any court af any competent
jurisdiction, such decision shall not affect the va~idity of the
remaining portions of this OrdinancE. The City Council hereby
declares that it would have passed this Ordinance, and Each and
every section, subsection, sentence, clause, ar phrase not d~clared
invalid or unconstitutional without regard to whether any partion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause th~s ordinance, or a summary thereof ta be published ance in
the officiai newspaper within 15 days after its adoption. This
Ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
~S ~ ~-t~
M~,RSHA JON MOUTRIE
city Attorney
9
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ATTAC H M E N T B
~~ ~9
CPD DM PF
f lppolsharelpcreportllunent2
Plaiuung Commission Mtg October 16, 1996 Santa Moruca, Califorma
TO The Planning Commission
FR~M Planning Staff
SUBJECT Recommendation to Conduct a Public Hearing and Approve a Recommendat~on to
the Cit~~ Council to Amend the Zamng Ordinance ~o Allo~T Tncidental Arts and
Entertamment Uses ~vithin the CM Main Street Special Commercial District
INTRODUCTIO~T
This staff report presents to the Plamm~g Comrniss~on a recommendat~an to conduct a public
hearing and to appro~ e a recommendation to the City Council for a lext amendmenl to Article IX
of the Mumcipal Code (the Zon~ng Ord~nance} m arder to permit "mcidental arts and
entertarnment uses" ~vrthin the Mam Street {CM) Commereial District
BACKGROUND
On April 10, 1996, the Plamm~g Cammission discussed the current trend of retail aperations on
Main Stxeet wh~ch ut~lue Temporazy Use Perm~ts (TIJP} xn ordex to ~rovide entertainment as an
mcidentaI use The demand for this "~ncidental use" is most prorninent among bookstores,
record/music stores and coffee cafes which want to hold poetryr readings, chxldren's readings and
storytellmg, book signmgs, Iectures, musical performances and the Iike as part of their retazl
operations Smce TUPs are not mtended for these types of on-going acti~~ities, the Planning
Commission asked staff to investigate the status of exisung activities and return to them a~ith
recommendations cancernmg allowmg fihese uses to occur
Pianrung staff presented a variety af permrtting aptions fc~r discussion t~y the Commrssion at the
July 17, 1996 meetmg of the Planning Commission These options tiz~ere based on a sur~rey of
mechanzsms used by other area ciues and the current Zoning Ordu~ance of the Cit}~ Staff
recommended a discretionary permit process as the appropriate method to allow "incidental arts
and entertainment uses" on Main Street A discretionar}~ permlt would allou~~ the flexibiliry to
attach cond~trans that responci to the specific act~vit}~ and proposed locat~on and ~s a better
enforcement tool Furthermore, the discretianary revie~~ process allows for public noti~cation,
public hearing, staff review andlor Plannmg Commission and City Council rev~ew
1
~M 20
The Cammiss2on also neard from members of the pub~ic at the meetmg wno tesr~fied in general
support of allawing mcidental arts and entertamment uses ui the area but alerted the Cammission
to the possibilrty of na~se-related problems for the ad~acent residential areas m Qcean Park and
across Neilson Wav
DISCUSSIO~
At the Commfssion meetmg an Ju1y 17, 1996, the Plannmg Cammtssion cancurred «~ith staff's
recommendation far a discretionary permit pracess and pro~ided direction to staff wh~ch mcluded
a two-tiered approach to approvmg lncidental arts and entertamrnent uses tYirough the discretionary
permit process There are two discret~onary pet-~nit mechanrsms in t~e Zoning Drdinance to
provide public notificatian and testunon}~ prior to Ciry review and decision for this type of use --
a Use Perm~t and a Conditional Use Permzt A Use Perm~t l~as the same ~eneral ~ntention as a
CUP m that rt ailows "the establishment af those uses «~hich ha~e some special impact or
umqueness such that the~r effect on the surroundmg envlronment cannot be determmed m advance
of the use being praposed for a particular location 6ut which are generally considered to be less
sigmficant ui potential effects than those uses sub~ect to a Conditional Use Permit " The
Commissioners requested that staff recommend criteria by whrch both Use Permits and
Condiuonal Use Permits could be utilized These criteria. the Commission su~gested, shaulcl be
based upan square footage or number of seats proposed for the location and the hours of operation
or freq~enc3~ of the entertainment act~~tttes
Public Meet~n~
The Ocean Park Communrty Organrzation (OPCO}, m con~unction wlth the Mam Street Merchants
Association, sponsared a cornr~umry meet~n~ on ~eptember 25, 1996 at rhe Ocean Park Branch
Library to gather publ~c input about the proposal ta allow inc~dental arts and entertamment uses
on Maui Street The event was attended by approximate~y~ th~rty f30) residents and se~~eral
merchants and Main Street properry awners Staff attended and xnformed the attendees of the
directton that the Planrung Commission has gi~en to staff to establish a permitting process The
rnembers of the public expressed suppart for allowing the uses on Main Street, but warned of the
possibie noise impacts to ad}acent and nearby residences In addrtion, the residents were more
concerned about the haurs of operation of the entertamment e~~ents than the number of nights per
ureek that a iocation may conduct these activines In fact, ~t was sug~ested that the availabzlity of
many artlsts and performers would vary and ma}r not coincide rvith the days or mghts that a
location might be permrtted to sponsor performances
Zonmg D~fimtion
In order to de~relop a discret~onary permit process for both a Use Permit and a Conditional Use
Permit, staff is proposing a t~ew xozung defirution to the Zoning Ordinance The Zoning
Ordinance does not pro~~zde a defuution for the types of incidental arts and entertainment uses that
are under review The Zamng Ordinance includes a defxmtion for "nightclub" ~~~luch is an
establishrnent that provldes music, dancFng and other entertamment which may also ser~:e food
~ ~~ zi
and alcohol but is not a restaurant or bar "Restaurants", by defirution, offer food for consumption
on-site and rnay provide entertauunent during the hours and ~n the areas that food zs served
provided that no cover charge or mmiznum drink purchase is requ~red and no dancing is allowed
"Incidental foad service" is allawed b}T the Zoning Ordmance for the limited on-site sale and
consnmpt~on of foor~ or be~erages but dves not allow for any entertainment
Proaosed Zomng Defimtion
Staff is recommending the following zomng definition be added to the Zonmg Ordmance
add Section 9 04 02 ~30 417
"Incrdental arts a-zd enfertainment use "-- the use of a butldtng, room or other ana!aor
space for entertaanmena such as musical and dramaracal performances or• ~ther farms of
personal expressaon til~here the use as tncrdental to a primary permltted retatl use (not
ancludrng a restaurant use) Food and non-ctlcaholac beverages ~ncn> be ser-y.~ed af ntkerlvrse
perma~ted an conjunctaon with tfie retail use
Pronosed chan~es to the Main Street Commercial (CM~ District zomne Ian~ua~e
In order to uUlize a Use Permit and Conditional Use Permrt process for the permitting of
~ncidental arts and entertainment uses. staff is proposing the following changes to the zomng
language for the Main Street Commercial {CM) District
Use Permrt
amend Section 9 04 fl8 28 035 Uses subject to a use permit
add (b) Irzcidental arts and ente~tainment uses, tivhrch rneet the crzteria of Sectton
9 04 13 040
Canditional Use Permit
amend Section 9 04 08 28 040 Condrtionally permitted uses
add {~) Incidental arts and entertatnment uses, whach tneet the criterta of Sectaon
9 (?4 I4 140
then re-order to keep alphabet~cal order under this Section
Pro~osed chan~es ta Performance Standards and Snecial Conc~it~ons for Condit;onal Uses
3 ~~ ~~
Seetions.
In addition to ensuring that the mcidental arts and entertainment uses will not adversely unpact
the adaacent land uses, the propased text amendments to these sections ti~~~ll set criter~a for
deter~nimng whether a[1se Permit or a Condrtional LTse Fermit is the appropriate mechanism for
appro~ral for a proposed ~ncidental arts and entertamment use Staff is recommendir~g the follo~~mg
zoning language amendments
PERF4RMANCE STANDARDS
Use Permit
amend Subchapter 9 04 13 Use Permlt Special Standards
add Sectron 9 04 13 040 Inecdental Arts and Entertainment Uses
Tfte ~aurpose of this Seerron ts to ensure that incidental arts and entertaanment uses located
rn the Mcarfa Street Commereaal (CM) Drstract shald nat adl~ersely impacr surroundang uses,
partrcularly nearby residenttal uses, and shall be developed an a manner ti,~hich enhances and
protects the irategrtt}r of the drstracL The followrng special condttions apply to ancrderrtal arts and
enrertaanment uses
a) There cs no alcohol or dancang allotived on premrses
b} No outdoor arts and entertaanment actavtties are permatted
c} If food and beverage servcce as othenvase permitted through the assuance of an
Admanastratrve Appr~val for incadental foad sen%rce, the rncidental arts and entej-tainment
use rnust occur tivathrn the same space as the rncadental food ser-ti:•ace
d) All food murt be prepared o,f~premtses
e) The establashment must compll~ ~1~cth the City's NQise Ordinance and all appltcable
Butldrng, Zonang and Fr.re Code requrrements includzng occupancy requarements
fj A[l tivall openings abuttmg resadentrall~~-zoned propertres, except for emergency ~.zrts,
must be sourtdproofed if The use tncludes amplafzed music or voice, all entrances and non-
emergency exats must be tK~o-door vestabules
gJ The prefrases shall be kept cn a neat and orderly conclitrora at all tames
h) The retatl use is open and operating durtng aIl times that the incadental ans and
entertainment use as oceurrcng
~~ 23
4
r} 7~ie ar~ccdental arts artd er~tenainrnent use rnm~ occur r~o later than IQ 00 p nt Sunda3~
through Thursda~:, and not latep than II DD p m on Frrdcry and Saturday
~J A~t~~ area dedreated to rncrdental arts and er~tertarnment use, rrrcludang seatrng, shall
not exceed 250 square feet
Special Condiuons "i" and `"~" will provide the criteria under uThich a Use Permit would be the
appropriate perrruttrng mechanism If the proposed hours of aperation and area ta be utiiized far
incidental arts and entertainment uses exceed those listed, then ~ Cond~t~onal Use Permit would
be the appropriate pemuttmg mechamsm
Condiuonal Use Permrt
amend Subchapter 9 04 14 Speclai Condinons for Conditional Uses
add Section 9 04 ~41 ~40 Inctdental Af-ts and Entertacnment Uses
T'he purpose of thas Sectron cs to ensure that Incadental Arts and Entertaanment Uses
located in the Main Streel Commerccal {CM) Dtstnct shall not ad~.~erseh~ tm,~act surroasnding land
uses, parnct6larLy resadennal uses, by reason af naise and unrcdi~ behavior and shall be de~~eloped
in a manner tivhach protects the iniegnn~ of Fhe Drstrrct The follotiving specaal condatrons shall
appl~: to rncadental arts and enterta~nment uses
a) There is no alcahol or dancrng allowed on premises
bJ Na outdoor a~ts and entertainment actzvaties are permitted
c) If food and beverage servace as other+-vrse permrtted through the assuance of an
Administrative A~proval for ancidental food ser+%ace, the incidental arts and entertaanmenE
use rnust occur withrn the same space as t~ie rncrdental food servace
d) All food must be prepared off-~remr.ses
e) The esrablishmeftt must comp~j~ ~~~ith the Cat}~'s Noase Ordanance arad alI applrcable
Bualdcng, Z~rarag and Frre Code requiremenrs ancluding oceupanc~ requirernents
f} AIl tivall openrngs abuttrng resrdenttallti~-~oned prope~tres, except for emergency~ exats,
must be soundproofed if rhe use ancludes a-npli.fied music or t~oice, all entrances and non-
emergeney exats must be rivo-door vest~buCes
g) The premases sliall be kept rn a neat and orderl}~ condataon at all times
h} The retail use as open and operatrng durang all trmes that the incrdental ar-ts and
5
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entertaanment use is occurrcng
Staff has nat proposed any lun~taraon an the number of inc~dental entertamment uses permrtted on
Main Street Rather, the permrt review process can determme on a case-by-case basis whether a
proposed incidental arts and enterta~nment use is appropriate far a panicular location grven the
ad~acent and surrounduig land uses
CEOA STATUS
The proposed Text Amendment as categorically exempt from the pro~isions of the California
Environmental Quality Act {CEQA} pursuant to Class 5 of the Ciry of Santa Momca Guidelines
for the Implementation of CEQA.
CONCLUSIONS
The residential and business communiry in the area of the Main Street Commercxal District ha~fe
expressed support for a mechani5m by which mcidental arts and entertainment uses cou~d be
pernutted witlvn retail operat~ons an Main Street The proposed text amendment establishes tw~o
{2) discretionary permitting processes to allow these activzties
General Plan Conformance
Ob~ecti~e #1 6 of the Land Use Element states that the commercial corridors of the City should
"Accommodate commercial uses ~hich serve regional, communit`, and lo~al needs while
respecting the ac~jacent resic~ential neighborhoods." The proposed text amendznent ts consistent
with this land use ob~ecta~e in that mcidental arts and enteztamment uses, wh~ch are intended to
serve the re~zonal and local commumry. would be permitted only after a discret~onar}~ rev~ew
process where performance standards would apply and an~~ other appropriate condi~ions could be
requ~red to m~mm~ze unpacts on the adjacent res~dent~al areas. In addrtion. Palicy #1 b.7 calls for
the Ma~n Street Commerc~al Distrlct to " accommodate a~ar~ety of uses, including cammercial
uses, wluch provide daily necessities, piaces of employment, and leisure time ppportunities for
those li~ing in the surrounding comrnunit~~ and the greater Santa hionica area, as ~;ell as for
the area's large numher of tourists " The praposed text amendment would pernnrt actrvities
which would provide arts based, famiiy-ariented, leisure time opportumties in an alcohol-free
en~lronment
REC011Z~ZElV'DATION
It is recommended that the Plannin~ Comm~ssion conduct a pubIic hearmg and recammend that
the Ciry Cauncil adopt the proposed Zomng Text Amendments contamed m Attachment A based
upon the following findings
FINDINGS
5
w"' Z5
1 The proposed text amendments are consistent ~n pr~nc2ple with rhe goals, obJecti~es,
palicies, land uses and programs of the City's General Plan, specifically with Land Use Element
db~ectiv~ #1 6 and Policy #1 6 7 These palicies call for Citv action to accommodate co~nmercial
uses that serve the Santa Moruca co~ununity and be}~ond while respectmg adjacent neighborhoods
Further. the Land Use E~ement identifies the Mam Street Commerciai District as an area where
Ieisure time opportamties for resic~ents and visitars to the area are provided The proposed text
amendments allaw for family-anented leisure time acuvities through a permitcing process which
~vorks to niinumze the ~mpacts of these activiues on ad~acent and nearby residences
2 The public heaFth, safety and general welfare requires the adoption of the proposed Text
Amendmen~ language in order to pravide for ar~s based, family-onented leisure tune acnvities in
an alcohol-free en~ironment
Prepared by David Martzn, Acnng Senior Planner
Paul Foley, Associate Planner
Attachment A Proposed zonmg text amendments
B- Publrc eorrespondence
7
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ATTAC H M E N T C
~~ z~
Planniug Commission
C
October 16, 1996
Commissioner Gruber asked about a tree «•hich ~~as sho~n m one old photagraph
of the propert~~ Mr Jones and Mr Katz stated that the tree has been gone for
V~aI'S
Comrnissioner Gruber made a motion to appror~e the zone change per staff
recommendat~ons
Commissioner Zmner seconded the motion
The motion «~as approved by the follo«7ng vote
AYES Bradle~-, Breisch_ Gruber, Par~ee, Zanner, ABSE~fT Moench, ~Veremiuk
and Entertainment L°ses ti~`'ithin the 1~'Iatn Street Commercial lC'~~~ Distrzct Tlze
Zonm~ Ordmance currentl~~ does not alla«: retail e~tablishments in thas area to offer
inc~dental arts and entertainment such as poetn~ reading. stor~~tell~ng. music and
establish a nrocess b~~ ~~~hich retail establishments in the ~Ia~n Street Commercial
Distnct could nursue annro~-a1 for such activit~es
~~1r l~4artm presented the staff report
The foilo«-~ng members af the public addressed the Comm~ssion
Patr~cia T~~nan, 93 ~~C'ale Street. Santa Niomca 90403
Ste~en Laridsber~. 1~64 Cabrillo, Vemce 90291
Peter Steinberg, 3D21 Pico Boule~~ard, Santa Nlomca 90~0~
Garti° Gordan. 356 Fourth Av°enue ~11, Ven~ce 9029~
Kenneth Olsen, I1~91~e1rose Ati-enue ~1, tiemce 44291
John Adler, 2821 T'hird Street. Santa l~iomca 9~44i
~1e1 Bloch_ 82$ Hill Street, Santa Momca 40405
Damel T~~nan. 935 Yale Street. Santa ~•Zonica 90403
John Gabree, 2807 Si~th Street. Santa I~~or-ica 9040~
Dana Snov~~. 7356 Be~~erl~~ Boule~~ard ~3. Los Angeles 90036
Sara Faulds. ?~11 Third Street. Ap't I, Santa V1on~ca 9~40~
Leslie Paonessa. "'231 ~:lontana A~~enue ~=3, Santa 111onica 90~43
Chair Parlee clased t~e public heann~
Commissioner Breisch asked for the cost of the fees for both the L se Perrnit (L`P}
and Condiifonal L;~se Permit (CLP) ~~r ~-larti~ stated that the Use Permit fee ~s
S1.~40 and #he CUP fee ~s ~2.0~0
Commisstoner Gruber asked if the permrt is a permanent ~icense N1r Martin
replied in the affirmati~~e
Commiss~oner Gruber asked if the perm~t can be re~~oked if ~here are camplaints
A~1r I~~artin replied in the affirmati~~e Ms Fnck explained that manv of the
1 ~ +~ 2 ~
Planning Commission
October 16, 1996
established uses that generate noise complamts, such as the Qar House. are older_
grandparented uses and there is no permit, s~ch as CUP. that can be re~~oked
Commassioner Breisch asked about the condition that faod preparation be aff-site
~Is Frick e~plamed that ihis condi#~on is rneant ta reduce the chan~e of an
incidental food use from evol~~mg mto a restaurant
Commissioner Breisch asked Deput~~ Cit~- Attornev Strobei ha«- the proposed
ordinance relates v~7t~ First Amendment nghts of free expression Deput~~ Gity~
Attorne~~ Stro~el stated that the proposed vrd~narice allo«s for reasonable tianes and
restrictions for free speech and that ~-ar~ous permits can be applied for to alla~ti for
more free expression
Cammissioner Bradley asked if annual perrrrrts could be cons~dered Ms Frick
stated that this ~~~ould be difficu~t to re~ulate_ ho~~~ever there ha~-e ~een limited vear
CUPs granted m the past She stated a preference far not granting annual perm~ts
She also stated that new zoning inspectors ha~-e been hired so that the Department
ma~~ take a more pro-actne role in enforcement and the rnonitonng of
establishrnents that generate ~~ar~ous t~-pes of complaints
Cammissioner Bradle~° asked ho«~ the 2~0 square foot maximum for incidental
performance space was arnved at and if the area is required to be walled off A1r
~~iarttn stated that the 250 square foot fi~ure is based on the square foota~e allo«-ed
for incidental food sen•ice and that the area is noi required to be ~-alled off from the
res# of the husiness establishment ~is Frick corr~mented, as an example, that a
baokstore ma~~ ha~-e scattered seatmg dunng a performance. but that the
performance area is a dedicated 2~0 square feet
Commiss~oner Gruber asked if the 250 sc}uare feet is elclusi~~el~- the stage area
\~1s Frick stated that the ?~0 square feet is the entire ded~cated perfarmance and
seating area
Commissioner Gruber asked for c~ar~fication regardmg food preparation and
incidental food use I~7s Frick ga~~e #he example that mast coffee houses bring tn
the food the}~ sell. and that caffee, tea and other be~~erages da not count as food
Commzssioner Gruber asked ~f there can be a more specific definrtion of food
preparatian, such a c~iing r,~arious cooking apparatus Chatr Parlee suggested
follo«~~ng the Health Department rules, ~~~hich ~nclude restrictians on na open
flame, etc , or b~~ health permrts required Ms Fnck agreed this would be a~ood
solution
Commissioner Gruber commented on the success of incidental food sen~ices on
~1am Street
Cornmissioner Breisch asked about incidental food sen~ices Mr Martin explained
that bakenes and delis are nat considered restaurants or incjdental food ser~~ices
2 ~~ 29
Planning Commission
October l6, 1996
Ms Fnck s~ated that incidental food serti~ce must be part of a retail operation that
sells other types of inerchandise
Comm~ssioner Zinner commented on provisions {ej and (fl w~hich deal ~~ith Noise
~rdinance requirements :~~s Frick explained that certain provisions of the Noise
Ordinance v~~ere r.~,-ritten to ca~-er noise from ni~ht clubs. such as the doub}e door
vest~bule requirement, and has a decibel cap which v4 as ~n response. in part. to
amplified music She stated that a ne~- class of prov~sions is needed for the
proposed perfarmance standards
Commissioner Zinner asked about the ampl~fication of ~~oices I~~1s Frick stated that
the Noise Ord~nance onl~~ covers amplified m~sic and that the Commission may
chase to remove the reference for ~~oice She commented on provis~on `'f'
regardmg wall openin~s and soundpraafing
Chair Parlee noted that under pro~isaon "f", the requ~rement for a t«~o doar
~-estibule v~~ould be a problem. therefare amp~Ffied music ~~ould not be pern~itted
Gomrrussioner Gruber commented that amplified ~~aice or musac appears to be a
problem He asked staff if the standards can be geared to the amount of «~ork
required ta the size of the establishment ~is Fnck stated that this would be
dtfficult to ach~e~•e and that the issue is the placement of the establishmen# in
relation to ad}acent residentxal uses
Chatr Parlee commented that the decibel (dh) le~-e1 is the ke~~ Ms Fnck stated that
the decibel le~~el varies ti~-~th the ambient noise leti~el She suQgested using a
standard of 20 db above the amb~ent noise le~~el
Chair Parlee asked if a further restriction could be the dec~beI le~~el times the
distance from the buildin~. ar require that doors be closed dunna performances He
also suggested cons~dering a lo~~~er fee structure for mformal type uses and tie the
permit to annual bus~ness l~cense rene~°al 11~1s Frick explained that the fees are set
based an the cast of the adm~nistrative process and the Cit~~ Counc~l sets the fees
She also explained the difficult~~ of ~ud~ing ~~hich cases ma~~ be considered for a
reduced fee ~dditianall~-_ she stated that ~t ti~~ould be difficult to tie such a permrt
to the busmess l~cense rene~ral process
Comm~ssioner Zinner commented that the Gse Permit process should be made a
fr~endly as poss~ble He recommended the c~elet~on of subsection {f} from the L se
Perm~t but not from the Condrtional Use Permit He also recommended amending
"dancing~~ for performance I~is Fr~ck stated that staff «~ill need to re~~ie~i~ the
deletion of (~ and determine if the ~;'ord~ng can be modafied
Commissioner Gruber asked about placing tirne restnctions on sound levels and
certain t~~pes of equipment ~4s Frick stated ihat the noise level is specific to
~~olume of sound. nat t~~pes of sound
~ ~" ~ ~
3
Planning Gommission
October 16, 199b
Commissioner Bradle~ commented that the proposed hours appear reasonable and
suggested that for subsection (~} the condit~on cite hours of operation and the Noise
Ordinance. Deput~- Cin~ Attorne~• Strobel pomted out that the I~oise Ordmance
req~~res the double doar ~~estxbule for ampl~fied musxc. not for r•olce amplitication
Comanissioner Gruber commented that one door w~auld be adequate for amplified
voice He asked staff if another hearing on this issue is expected 11~1s Fnck stated
that rt is hoped this ~vili be forv4~arded to Cit~~ Council ~~i#h recommendations
Commissioner Bradle~- asked if an~~ businesses are c~zrrentl~~ «-arting for this
determmation ~ss Frick stated that several businesses are operating ~vith a
Temporar~~ lise Permrt (TUP) unt~l this issue ls determined
Commissioner Breisch commented that the Commiss~on appears to be headin~ in a
general d~rectian He made the follov~-ing recommendations #hat (a} dancing be
alloti~~ed for performance dance. and (d} food from off-premises ~nclude inczdental
food service and Health Code regulations. (f) cite the Noise Ordinance and for the
CLTP crte amplified ~~oice_ (i} keep stateci hours. ~~~hich can be expanded later. and
referenced Commissioner Gruber's suggestion that this is not triggered until a
certain hour, su~h as 8 p m. to co~~er gallen~ openings and like e~~ents, anci (j)
remam tulchanged except "and'- be changed to `or"
Commissioner Gruber expressed a~reement ~~s~ith Gomm~ssioner Breisch~s
comments eacept far the hours and square footage c~edreated Deput}~ City- Attorneti-
Strobel stated that the proposal is l~-ritten as "dedicated to retail" She state~ that
this «~ill be re~ntten to be less ambiguaus
Commiss~oner Gruber commented that the dedicated performance space is qu~te
small Comm~ssioner Breisch responded that a stage ~s not needed to ha~°e a
perfarmance and that seating and table numbers are alread~~ regulated
Commissioner Zinner seconded the motion, if it is mtended to be a motion. made
b~- Commissioner Breisch Commissioner Breisch stated that his recommendations
could be considered a motion
Chair Parlee asked if a fee structure had been discussed Cammissioner Sreisch
stated that he is hesrtant to determme a fee structure and felt rt should be
determined b~~ the Crt~~ Counc~l
Chair Parlee asked about the retail use provrsion Deput~~ C~tti~ Attorne~~ Strobel
stated that un~er pro~~ision (hj, ti~•hen the retail use ~s open ~~~hile the enterta~nment
use ~s`in progress. the performance use takes precedence
The mot~on ~~as appro~~ed b~~ the fol~o~~ing ~-ote
AYES Brad~e~-. Breisch. Gruber. Parlee, Zinner, ABSENT Vloench. `~'eremiuk
9. OLD BUSINESS: '~O~E
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ATTACHN~ENT D
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