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SR-11-A (32)~lT~ PPA:KG:PF f:lppolshazelpcreportViment Pianning Comm~ss~on Mtg: July 17, 1996 Santa Momca, Cal~fornia TO: The Planning Commiss~on FROM: Planning Staff SUg1F.C'T• Recommendation to D'escuss approach to allow Incidental Enterta.inment Uses within the CM Ma~n Street Special Comrnercial D~strict 'I'~is staff report p~aits to thc Plans~ng Commission fcx discussion a gmposed approach to allow "incidental enbertainment u~es' within the Main St~ {CM} Commenciat i?istrict. Oe Apri1 10, 149r6, the Pia~ri~~g Cammissio:t discussed tfie curn~t a~nd vf ~~iail op~s on Main Str~eet which un1~u Temporary iTse P+ermits (T[JP) in ord~ ~ pmtiide en~tait~ment as an incida~tal usc. The dctnand for this "~ncid~lal u'e" is ma~t pmmin~t att~osg b~o~es, r0[~I~M[lS1C S~DIICS Sll~ COffOB CS~CS W~1tl`.~1 W~IIt bD ~~ i~1l1g~~ 'L~tl~[~[1'8 l~lg8 8Eld ~• ~QQk 51~1l1~8~ ~OG~lln$ f musical perform~noes and t~ liioe as p~rt of tt~.r rt~ai.1 ope~tions. Sinoe TUPs are not in~d~dcd for dic~c typcs of cmygoing adivities, the Planning Commis~on aske~ staff to invesngaoe the s~tus of eaisting activities a~ r~urn to t~ern with reoomm~da~ions ~ancxrning allovving tl~eae uses to ovcur. 'I1~re ~ cur~raifly appru~cimatc~y 6otjr ~l e~tabliahments in the Main Street Gornmec+cial ~~dt ~ne a v~ti~et~I of~it~me~t ~dnrities. 'I't~e a~ctiri#~s i~u~de ~ trooic ' ~ ~t1 ~, ~tx]- ~. }~3-~. ~, bvolc ~o~; ~~rk ~~ad+~o~; i~` ~ ~ ~ ~~ ~ ~~ ~d ~a ~ ~~~•-' -~{ . . , , . [~r i~~• pt+~v~~rx+~t ~f c~ont~ed ~ ather cities to gat~r in~orn~tio~ cm wt~at p~avisions. if any, t~ey hav~ in e~Ct con~rning limi~od ant~tainment which might be app~abk ~ M~ia Straet (Att~c~meat A}. Be~-erly ~ills, Culvex City, Hermc~sa Beach, Torratw~, ~d Wast Hollywood requit~e a Conditional Use Permit (CiTP) for ~ive enbertainment while Glen~.ie, Man~tttan Beach, Pasad~a, and Redonda Bea~ch re~uire appmval of an Entert~inment Permjt. West Hollywood arid Pasadtna allow limiEed ba+ckground musical entertainment in restaurants without the need 1 ~'~ 3 3 of a permit in a manner stm~lar to Santa Mon~ca. Redondo Beach developed an Entertainment Permit process in April 199fi in response to activiaes at bookstores ac~d cafes which are similar to those occurring on Main Street. 'Fhe~r entertainment permits, which are non-zoning permits, come under two classifications as outlined in Attaci~ment A. If the propased entertainment consists of 3 or fewer performers and if the primary permitted on-si~e use has a valid bus~ness license and is in compliance with the City's off-street parldng requtrements, the permit ~s cansidered a Level i perrnlt and is administra~ively -ssued. If the proposec~ entertainment consists of morc than 3 performers or zf the other criteria for a Level 1 permtt are not met, tt~e City Cauncil holds a gublic hearing to consider w~at is called a Lerrel 2 permit Bath a Level i and Level 2 perm~t can be issued with condit~ons. Exisnn~ ZoninQ Definit~ans Ttie Zoning Ordinance ~es not prorride a ciefuution for the types of ~ncidentai entert,~inment that are under re~+iew. Thc Toning Ordinar~ce inclu~s a~finiti~ fvr 'tightclub" which is an ~Iishmatt that provides music, dancing and other e~tertainrne~-t which may also serve food and aloohol but is not a resta~rant or bar. "Restaprants", by defi~titivn, aFfer food for oonsumption on-site a~nd may provide enteRainment d~cring the hours and i~r~ the ar~~ that food is ~erved pmvic~d that na cover charge or mirumum drink purchasc i~ require+d and ~~g is allow0d. "Ir~cidcntat foad service" is allowed by the Zoning Qrdinancx for the limi~ed on-site sale and consumption of food or beverages but docs ~wt ~linw far any ~tiertainmcat. Staff is proQosing that an "inCi~tal ~t~inme~t use" be cons~dea~ed. Pcnnosed 7~nir~ Ilefutiti~n In ordex to clearly distinguistt betwap~ Inci~tai Fnt~tainment U~es and ather types of ~tertainment, staff has deve~ap~ed the follawing definitian for review an+d di~cussion: 'Inc~d~tal Fs~tainma~t U~e" -- aay ase of a building, ~ a~ sp~e. ~e ~ir~ment vv~~ tr~ ~~ ~ drama~ ~~Ge~ and ~ ~. _ . a~ion ~t'+e pmvided ~'i~ee of ~h~a ar for a f~e oa a~~y ~d~vdu~ ~ ~'~' moetlily b~, vvhere t~e ~~eminmer~t ~t is aand~ ~ of a ret~ ~~ ~ ~a. ~ ~;~~ Ontions for limited Frt~atairiment Uses an Main Stroct Staff bedieves t~at a discrehonary permit is the appropriate mcthod to allov~r ~dl~tai enbertainr~t uses cm M~in Stroet. T~e past experienoe has st~wn that it is 'c~'ic~t tu c~ir~e and set ~ocific oQerating standards for the variety of entertainment ~ses in the azea. Therefore, 2 ~~ 34 a d~scretianary permit w~ll allow the flexibility to atta~h condirions that respond to the specific activity and propose~ location. In addit~on if the operation becornes disruptive ta the neighbarhoad, ttse dtscrehonary permit i~ a better enforc~ment too1. Because of the potential negat~ve irnpacts to the ~jacent reside~ual nezghborhoods, the dzscretionary review process allows for public not~fication, public heanng, staff review andlor Planning Cammission and City Counckl rev;ew. in arder ta allow the actrvity to occur and develop a permit process, it is necessary to create a new use caLegory as~d defimhon. Staff ~s praposing that a new use be created catled Ir~c~dental Ent~rtac~ment Use. St~ff has not proposed any iimitatron on the number of incidental entertainment uses permittsd on Main Street. Rather, the permit re~iew process can determine on a case-by-case basts whether a proposed incidentai entertainment use is appropriate for a particular location given the adjacer~t and surro~~ng ~and uses. Use PermitlConditional Use Perm~t 77~cr+e are two dis~cretiortary p~ ~~~t moch~tr~isms in the Zoning Or~inance to pmvide public ~otification and testimony prior to City rc~new and decisian for this typc of use -- a Use Pe~ ~it cx a Condit~onal Use Fermit. A Vse Pcrmit has the same ge~ral ~ntention as a CUP in that it allows "the ~Iishment of those uses which have some spec~al impact or uniqueness suc~ that their effect on the surnoundir~g eavir~ment c~ot be deoerm~ned in advance of the use ~ng pr~oposed for a particul,ar locatio~ twt which are ger~er~ly cavnsider~ to be kss significant in p~ential effects than those uses subjoct tv a Conditiona~l U~ Permit_" T~tnc at~e, hovvrr-ex, significant differ~enoes bctwacn the two permit proces~es. 1'he diff~wes include the following: o A Use Permit application is less expeasive than a Canditionat ~]se P~mit applicativa (S1,039 fnr ~ Us~ Permit ~+ersus 52,053 for spacc~s gre~er than SQO ~f, ~2,734 for sp~ces gr~~ tharr S~OOQ sf. for a CUP)- o A Use permit applic~tion is typically processed faster than a Cvnditicma~l Use Permit {a Use P~exmit typic~ty takes 2 tr3 3 months ta prooe.gs w~~ a CUP typic~y tafoes 3 to 4 m~ths). o A Use Permit requires a 3U0 foot radius nt~ifu~ti~ a~nd a Conditiat~ai U~e Permit requires a S[l0 foot radius t~ouiF~~. o Tfie Zaning AdminisErator oanducts a p+-blic heating and r~rders a de~ermi~atiori for Use Permits while the Planning Commissioc- corrducts a public hearing and r~ders a determination for Candihonal Use Permits. o Us~e Pe~tits may be appea~ec! to the Plannu~g Comrr~issior~ wttile Co~ditional Use Pernuts may be appealed to the City Counc~l. 3 ~~ 35 o Bath a Use Permit ard a Conditional Use Permtt requ~re that the following sim~iar findings be made (special CUP language in Itahcs)• - 1fie proposed use ~s one sub~ect t~ approval uf a Use Permit {is ane condttional[y pernutte~ within the sub~ect dFstrfct and complies with all of the applicable provisions of th~s Chapter. - 'I'he subject parcel is physica.tly suttabie for the type of lac~d ~se ~eing proposed - The proposad use is compaabl~ wrth ar~y of the land ~ses presently or~ the subjeet parcel if Ehe land uses are to remazn. - 'Fhe proposed use is oampat~ble with existing and perEnissible larEd uses r~nthin the district and the generai area in which the proposed use is to be located. - The physical location or placement of the use on the site is compatible with and relates harmoniausly ta the surrounding neighborhood. - The proposed use is consistent with tbe goals, objectives and poi~cies af t~e Generat Plan. " - The proposed use wauld not be detnmental to the p~blic interest, health, safety or ger~eral welfare. o in additior~ w~ fir~ings noted abav~, appraval of a Conditior~a~ Use Pcr;~ut raquires tha~ the foIlowing findu~gs be made: - The pmposed use wo~ld not impatr the integrity as~d charact~r of the district in which it is to be estatslished ar located. - '1'here are adequat~e pmvisions for wa-ter, samtation and public utiliees and sernces to ensure that the praposed use would not be dexrimental to public health and safety. - Public access to the propased use shall be a~equate. - The proposed use confarms precisely to the apphcab~e performa~ce standards c~oritained in SubcEtapter 9.04.12, Seetion 9.U4. Z2.010 and the ~ecial cond~t~ons ovtlined in 5ubchapter 9.04.14, Section 9.04.14.010. - T}te propvsed use will not result irr an over concentration of suct~ uses in the immediate v~ciniry. 4 ~r~ ~~ Perfarmar~ce Stan ds As part of re~uiring approva.f of a L3se Permrt or CUP for Incsdental F.ntertainment Uses on Mun Street, 5taff recarr~rr~er:ds that ~ninimum ar~d mar~datory gerformance star~dards be established for these uses in arder to ~rurumize any adverse impacts on adjacent iand uses. Consistent with the d~recrion pro~-ided by the Planning Cv~rn2ssion concerning th~s issue, staff recomrnends that no alcahoi or dancing fae permitted an the premises. Staff is a~so concerned about the ~mpact that incidental e~tertainment uses may ha~e on par~ng availability in the area in that assembly uses reqwrE rnore parking than tradicional retail uses. Therefore, staff recom~nds that off-street parking in compliance with the Zoning Ordinance (1 space for 8(} sqw~re feet of assembly area be pmvided) for the entertainment uses during the times that the eirt~rtainment is o~ducted. 'Il~e praposed inci~ntal en~nment ~se shall bc ir~ compliance with all applicable 7.aning, Building and Fire Cade rcquir~emcnts. In a~ition, fovd would not be permitt,ed to be served or provided since this well erisble ex~stir~g r~staurarts to prnvide cnte~ainment and therefore circumvent the regulatiarrs arul srandands for ~~erta~nm~t in ~urants. Non Alcoholic beverages would be pexmitt~ in catj~an with th~ operati~. These sta~-dards ar~c tn ~sur~ the a~erad~ is in f~act i~idental and ~t a~ightcl~b or other po~tially dis~ptivc uxe in an area ~a c~se tu resi~t~al uscs. As pxaposed, t~e pc~forn~ance s~ands would bc vo~#ained #n the T.aiing O~.inanCE anti would bc ~~ed bY spacial oonditiats of approval tailored tn ~h apQm~-od incidental en~ertainn~t u~e. RECOMMENDATiON Staff r~ooanma~ds that die Planning Commission re~vi~w, camma~t and malae neoommendations c~naerning allowing "L~ddt~ En~tainment U~es" within the Maiti Str~eet Com~ Di~rict and dir~ect sta.ff ~o prep~nc tl~e appro~riabc zonir~g ordinanae text att~dma~ts. ~~ ey: ~ c~~s, p~g M~~ Faui Fo1ey, Associ~te Pl~na A~m~nta: A- Od~' Citi~a' Prawi~ons S " "~ 3 7 ATTACHMENT A OTHER CTTIFS' PROVISIONS LIMITED ENTERTAINMENT USES MANHATTAN BEACH -- live entertainment uses requ~re a group entertainmer~t ~erntit (gmup entertair-mec~t permit issued with conditians -- somewhat redundant with CUP eonditions wluch is require~ for restaurants). __ gmup cntertainm~t permit is separate from Z.oning Ordu~anee (PoGce p~ ~„it) b~t it is issued by P~ning D~partme,nt in an ~min~l~ative pmr~~r~. -- a group aEteRainm~tt permit would be the only permit roquiro[~ if the primarY pe~mitte~ on-si~e u~e d~d not otf~wise ~a~ a CUP; if a val~l CUP ea~iste~ for a PnmarY Pe~mitted on-sit~ use and limitcd entearcainn~t was ~opoaed, the CUF w~o~uld bc a~mc~cd arxi a graup ~ter~nmenE perntit v~rou~d bc re~quirod. -- G~ne ~m~ t~cs r~ot~uire a CUP. -- $ p~~~ pr~ss ~mt~r ta Mar~t~aEt~ ~ is ~ the devolo~mll~t ~IS~• - ~±t~t~t ~ith ~ro ~n~nt u~a ~ a ~', _ _ _ - - , - _ __ ~~ . z. . _ ~ -- ° i~ ~ ~ ~t thG d~~t ~i ~ ~" ~. _ - - .-; ~;v.. ~~ ~~ - live entertainme,~t uses require a CUP. 6 ~ ~' 3 ~ T H LLYW D -- restaurants and other establishments which serve food as princ~pal business and provide entertainment are not considered nightctubs (which require CUPs) if: 1). enterta~nment is limited to the haurs of food senricE; 2). entertair~ment is limited to 2 performers and the instruments are not amglified {voioes may be amplified); and 3). entertainment ~s provided only en the room{s) in which th~ food service is the primary business act~vity ~VE~z~' ~-~ -- live ea~tertainmer~t uses re~ujre ~ CUP. -- live entertainme~t uses req~ire at livic entert~-ment lic~se; iss~d by the City Clerk witl~t oonditions; dauaE or rcvo~~~m is ap~1~~+1e to City Couneil. - CUP is required for servic;e of ai~ or d~ncing. -- An enbtxtainn~rtt permit undet two classifi~~s is r+equin~d f+~r c~inment u~es: I.c~r1 1~ti if ent~ttn~t i~ limitod ~u ~~ less p~nr~x's (amplific~~tion ~~noording are OK), off~ pkg. ~~r~t~n~d ia ~n c~ianoc ~nd ~t bu~neas lioatse ~s vnf~d, pam%~ .is ~w~ely ~ atter s~~e pa~i;-g of 5 days (c~n be isac~e~ w~h oo~ ~1 ~t ~ppeal~e to City Nlanagcr wlw c~nd~ a~blic h~atin,g os~ ~~); ~ ~s for ~y ~r~m~t ~ ~t ~ ~ ~ ax ~ ~`~ ~ ~ ~y ~ri council follo~ring a pubuc l~aring; can ~ is~ w~ a~iavns. _.~ .. ~ _ -- ~tEE~t~ t~ll~ ~1~1~ ~E ~,~i~ ~_ , ~~~ ~ Ii0 p~tn ~dpg ~d thC petf~~ ~` ~ - ` - -~f D~ ~; ~ ~ dC1 ~1~'ll~ l')13 ~lf~." ~ - _ ~ , . ~ ~~~-. ~!C R~it~i~ i~ ~'t1'iCTB; [~FCn 18 ~ ~ al! ~~ ` _ e - . ~ ~OT ~I~liigj. `~' ~,~_ _t_=~ 3 , -- -- cating e~ablishmex~ts are any busi~s tha~ offt,rs preparod food o~r bcvcragcs for on-site or off-site consumption. 7 '~~" 3~ -- entertainment perrr~its, issued by th~ Pol~ce Department, are required for the ` entertainment portion of a business if more than 4 performances are held m a y~. 8 ~ ~' 4 ~ ATTACHMENT E ~~ ~~ Planning Comm~ssion the I-10 Jul~ 17, i996 Commissioner Zinner commented that the section does not sa}- preferred rautes and asked far the goal Ms Frick stated tiiat this ~~ould be addressed next t~me Chair Parlee asked about preferred access ~1s Fr~ck stated staff ~~ill de~~elop the language Commissconer V4'eremiuk expressed the opinton that Nielsen ~~'ati~ should be cited as a ma~or access«•a~~ Chair Parlee also recommended that Tv~-enty-Third and Clo~~erfield be crted Gamm~ssioner Bradle~~ suggested addmg the «-ordmg "include. ~ut not limited to'~ Chair Farlee asked for comments on the Bzc~~cle section The Commission asked for a break at this time Follounng the break. Commissioner Gruber made a motion to table the remainder of the discuss~on until after item 11 A is heard Commiss~oner _Vloench seconded the mation. ~~hich w~as appro~~ed b~.~ ~~oice vote Follo~~~mg item 11A_ the Cammission and staff discussed a date and time for continuin~ this item It ~~~as agreed that if the meeting started ~'er~~ earl~•, dinner ~t~~ould be provided Commissioner Zinner made a motion #o cant~nue this item to Au~ust 7, 1996 at 6 p m Commissianer ~.loench seconded the motion. ~~-hich ~vas approved bl' voice vote COVTInUED TO AUGLST 7, 1996, AT G:O~ P.~VI. D Text Amendment to :~mend Section 9 04 08 2~ 06Q~b1 of the Zonin~ Ordinance to Reduce the F~oor flrea Ratio (FAR) m the G-5 Zonina Distnct to ~4 F~R (Planner Da~~cd 1~1ar[m~ Continued. 9. OLD BUSINESS: Iv ONE 1~. '~E~i~ BUSII~ESS: NONE 11. DISCLTSS101~: A Recommendat~on to Discuss Proposed Annroach to Allo1~~ Incidencal Enterta~nment G ses 1~~rithin the CM ~1~ain STreet Specfal Commerc~al Distr~ct (Pianner Paul Fole~~~ _ ~1r Fale~~ ga<<e the staff report 1 ~'~ 4 2 Planning Commission The folloz~~ing members of the public spoke Ellen Alperste~n [address not gz~en] Patric~a T~~nan, 217 Strand Street. Santa Monica 9040~ Shirley Leeds, Sea Coiflni~ II. Santa l~ion~ca 90~0~ ?~larsha Cooper, 2700 l~ielsen Way. Santa ~onica 90405 Richard Karno. Novel Cafe an :vtain Street Sara Faulds, Vlain Street Desfgn Cornmit#ee. Leslie Paonessa_ Main Street Merchanis Chairperson. 1~Tadeleine Da~:n Vi~'arner, 2622 Second Street. Santa Monica 90~0~ Doni McDamels. Cafe DuNlonde on Main Street Tadd Simmans. ?700 Neilson VVav. Santa Monica 90405 Le~~-is Flinkman [address not given] Tons~ Haig [adc~ress not givenJ 3ulti~ 17, i996 T~~•o members of the public subrriitted requests to speak, but ~~ere not present ~~-hen the~r names ~~~ere called The~- ~yere Russ Barnard and Sanford Sherman Chair Parlee closed the public heanng Commissioner Bradle~~ stated that the recomrnendatzon for a discretionar~- permit is on tar~et for incrdentai entertainment uses He commented on electran~c amplificat2on and the crztical nature of parkmg for It~iain Street He also commented on t~e need ta regulate haurs of operation Cammissioner Gruber asked staff to explain the process 1~1s Frick stated that staff ~s askm~ far a~eneral direction, Fhen a Resolut~on of Intention ~~ill be ~ntroduced. a publ~c hearingvset for a te~t amendment. the public hearing before the Planning Commission, then the Cit~- Councrl «.~iIl ha~~e a public hearmg to determine «~hether to amend the ordinance Co~nmissioner Gruber asked if staff ts recommending a L=se Permit or a Gondrtianal Use Permrt far this t~~pe of use ~is Frick stated that this ~s the decis~on the Gommission needs to make and informat~on has been prol~~ded to help in that decision Commissioner Gruber commented on the e~'olution o~ Main Street smce 1978 He stated the need to apply the ~loise Ordinance as regards amplt~ication of music He stated that the issue ~s nat food ser~~~ce_ but aicohal serviee He quest~oned the term "regularl~- scheduled" in the proposed language He also stated that the "fee ' reference shauld be dropped Comm~ssioner ~~'eremruk expressed fa~•or for the Use Permkt. «~~xch ~s less costi}~ for the applicant and contains the same conc~ations as a Conditional LTse Permit (Ci~P) She commented on performance standards already in place for alcohol and dance entertainment uses She s#ated that parking is not a problem on ~1ain Street and that she did not ha<<e a problem u~~th limrted food service She also stated that she fa~~ors this t~~pe of use and feels that the onl~~ b~g issues are ho~rs of operation -2- " ~' 4 3 Planning Commission 3u1~° 17, 1996 and noise concems She concluded her remarks b~~ thanking the audience for their patience Commissioner Moench thanl:ed the audience far the~r patience He sug~ested a t~.~.°o le~~el approach as madeled on the follov~~ing ~'~%est Holl~~n~ood allo«~s t~~~o performers and no amplificatian. and Redonda Beach allo~ti~s the same ti~.~th a proz-ision for a public heanng for allow~ng more performers He suggested standard~zed hot~'s. sueh as are used currentl~~ for CUPs He commented on current restaurant-entenainment permzts b1s Frick stated that restaurar~ts alread~- ha~•e separate regulations, including addit~onal limitations on ~iain Street 5i~e stated that the idea of this permit is to alloti~ entertainment uses at establishments that are retaii in nature and wauld not app~y ta restaurants Commissioner Gruber asked staff ~ti~h~~ the alcohoi restnction ~s not enoueh He commented that he can not see how allo«~in~ onl~~ 2~0 square feet far ~he entertaanment use ~~°ould lead to a restaurant use Ms Frick e~plained ha.~ establishments tend to e~~olve into new~ uses Commissi~ner Breisch suggested draftmg L`~se Permrt guidelines ~~-ith a percentage of food sales and ha~•e a public heanng on ~t He also commented on the parkin~ issue Commissioner ~'~'eremiuk eapressed support for Cammissioner Bre~sch s suggestion and camments Gommissioner Vi'eremzuk made a motian to finish this item onl~~ after 11 p m Commissioner Breisch seconded the motion. which «~as appro~~ed b~- i~oice ~~ote Chair Parlee asked if there are an~ restaurants ~~-~th alcohol and entertaanment permits Ms Fnck ans«~ered m the affirmati~-e Chair Parlee stated that rt appears more input is needzd He stated ihat he likes the tdea af the t~~~o tiers ~~-it~ a L~se Permit. ~;~h~ch ~ould lim~t da~~s of operation, and ~f more «~as desired. then appl~~ for a CUP He commented that this seems to be a more affordable appraach for N~am Street He stated that parking is not an issue. conszdering the publac parkin~ lots and the shuttles in serti-ice far Maan Street He also commented on potential noise problems I~~1s Friek stated that #he tva~o uer permrt could ~i-ork as foilo«~s for the LTse Permit there ~i~ould performance standards mcluding hours and days of operation. a set max~mum amount of square footage andior seats, and no requiremen~ for addit~onal parking If the UP standards are e~ceeded, then a CUP ~~-ould be required and this ~;~ould require an e~~aluataon af additional performance standards and a prohibrtion on ot~tdoor acti~°it~' Both permfts, she contjnued. ~;ould not alloti~- alcohol sales She asked the Commission if the~- z~~shed to l~mrt the number of perfarmers Chair Parlee stated that he does not see the need to limrt the number of performers 3 ~'"' 44 Planning Commission July 17, 1996 i~~s Frick stated that staff «~ill draft a Resolution vf Intention and this ~~.-ill return as a hearin~ rtem m the near future i2. con~zhzu~YreATio~s: A Appeal of Plamm~g Commission Decision to Cit~° Council 1 I`TOne 13. COMI~IISSION AGENDA: NONE 1~ PUBLIC INPUT; tiONE 1 ~. ADJOURN~IENT: The meeting «-as adjourned at 11 2~ p m f `,.pian`+share!pc!mmuteslpcm7l; 9.'9'96 4 "'~ 45 ATTACHMENT F ~~ 40 PIanning Coramission April 10, 1996 C. Discussaon of ~vhether the CM Distr~ct pro~~isions should be amended to allo~~> limited entertainment uses under certain parameters. Ms Frick explained the current srtuation on 'vlain Street as regards entertainment venues Cammissioner Parlee asked if the enterta.tnment uses ha~e been single performers or a~~ide range of enterta~nment VIs Fr~ck stated that there has been a~ ide range includmg ~a~~ bands She stated that there is also the issue of hours of operation for these types of acti~~ities One member of the public, Dom McDamels of Cafe Du Monde, 27~6 ~Iain Street. addressed the Commission regarding his estab~ishment, concerns ar~~ visian Commissioner ~loench asked Mr 1~icDan~els a series of question about h~s establishment Mr. McDaniels explained that h~s establishment is a coffee house/baokstore/'art gailery wrth poetry readings and jazz rnusic, includmg five- piece bands; and that seating capacity is approximately 2d-70 seats. depending on the performance. Commissioner Parlee asked if there is a cover charge for entertamment ~ ~1cDaniels stated that for ma~or entertainers he c~arges, otherwise he does not He also stated that there are na alcohol sa~es at this estahlishment Commissioner Par~ee asked if amplifed musical entertamment is important Mr ~IcDaniels stated ihat it is and that his building is self-contained and wel] sound- proofed. Cc~mmissioner Parlee asked if a limrtatian on the haurs of operation ~vauld be a prablem Mr McDaniels 5tated that Cafe Du Monde is open from 9 p m to midnight for entertaFnment and 9.30 p nn to I2.30 a m Thursda~~ through Saturdav He s~ated that he cioses earlv because it is a fam~lv establishment and to avosd the Iate ni~ht dnnkers from other establishments Commissioner V4'eremiuk commented on the family entertainment aspect and lack of alcahol :vlr. VlcDamels stated that he likes to encourage school age chtldren «~~th performances from 4 3D p m to S 30 p m on Sunda~-s Commissioner Gruher asked about the l~msted haurs of operatxon Mr :VlcDantels stated that he does not have a food ser~~~ce license and caters in saIads and pastr~es for sale He also stated that the establishment is used as gaI~ery space and Alca~olics Anon~~mous ho[ds meetings there on Tuesdai' ni~: hts Commissioner Bradle~• asked staff about the dzfferences bettir~°een the CM zone and the CiC zone hts ~'nck explained that the CM zone is ti•err,• restricti~~e due to a four }~ear public process ~~~ith residents and merchants in the area She also ~~ ~ ~ 1 P~anning Cammission April 10, 1996 pointec~ out that Main Street is ad~acent to residential areas «~hereas the C3C zone is ~n the downto«~n core Commissioner Gruber asked if there are othex establ~shments on Main Street ~i~rth such conditions VIs Fricfc stated that there are ather establishments that ha~~e entertainment related acti~~ities in retail spaces. She also stated that if the pro~~is~ons are amended to allow these acti~~ities, then standards need to be set in place Commissioner Gr~ber commented on L.A the Baokstare on ~1ain Street ~~-hich has book readings and entertainment He asked about code requirements for coffee houses and hov~~ lar~e attendance could violate the Fire Code Mr Webster explamed that incidenta~ food sen~ice uses. ~~'htch are appro~'ed undzr an ~dmmistrative ~,pprova~, allo~~~ for onl}~ 20 seats Commissioner Gruber commented on the annbtance of Main Street Cammissioner Parlee asked how the process v~rauld proceed ~n this matter Ms Fr~ck stated that staff needs feedback far establishing parameters Cammissioner Parlee commented fa~~orabi~~ an the establishment in question as regards t~e lack of alcohal. the famil~~-oriented nature. the cover charge_ and ihe hours of operation He also commented on mcidental food service uses_ specificall~~ the mulu-faceted nat~re mcluding coffee houses. art galleries. and retarl sales, all af which are not more than 60% of the pnmary use On the lssue af entertamment he su~gested that less than 50% of the gross use might be an acceptable parameter Camm~ssioner ~Veremiuk suggested that th~s shau~d be a"cautious eYpenment" as ~~~as done ti~~th the Bar-side Distnct limitmg the number of certazn t~~pes of estahiishments b~~ area or block. Commjssioner Moench asked if this ~i~ould inz-olti-e a substant~al public process or ~n~ould be crafted bi~ the Commission Chair Breisch stated that these issues nati'e been raised befare Ms Frick stated that if the Gommiss~on chooses to proceed, then staff w~ll craft the parameters and open it up for public comments Chair Breisch expressed the need for flexih~lrtv to allo~~~ ne«- tnterpretations and creativit~- ivls Frick than~ed the Commission for their ~nput and stated that staff «•iIl return «•ith parameters 13. C01ItiZISSI01~ AGENDA: Commissioner Gruber commented on a letter received regardin~ the parkin~ lot on Second Street and feit the sug~estions raised should be cons~dered ~n some fashiar~ Chair Breisch sugaested th~s be considered in the 4pen Space Element discussians ~a~ ~~ 2 ATTACHMENT G ~~ ~~ NaT1CE OF A PUBLIC HEARiNG BEFORE THE SANTA MOIVICA ~{TY COUNCIL SUBJECT. Recammendahon ta Intraduce fnr Fust Read~ng art Otdinance Amending Anc~le UC of the Santa Mornca Mun~cipal Code to Allow Vncidenta4 Arts and Eniertatinment Uses withm tt~e CM Mam Streef Comrnercfal DStnct WHEhi. Tuesday, July 6, ~ 997 at 6 30 p m WHERE: Counal Chambers, RoarrE 213 1885 Main Street Santa Mon~ca, Cals~arn~a PROJECT DESCf~1PTi41V The Cdy Cound wi11 cnnduct a public heanng to consider an amendment to Anc~le IX af the Santa Monica MurncEpal Code to perm~# '~nadental arts and entertamment uses" wrthin the CM Marn Street Cammeraal nistnct The amendment would allow the use of a budding, room or other mdoor space for entertainment suct~ as musical and dramat~cal perfarmances ar other farms af personal e~cpress~on, where the use ~s ~ncidental to a pRmary permdted retail use 1'he madentaf arts and entertainment uses would be sub~ect #o eRher a Use Permrt or a Cand~hanal Use Pesm~t HOW TD COMMET~T You may cornmen# atthe City Cnuncii pubhc heanng, or by wnbng a letter WrRten rnformadon recen~ed before 3 00 p m on the Wednesday before the heanng v~nll be given to the CEty Counal m#heir packet Informaban recenred after that time vsnll be gr~en to t~e City Cauncd pnor to the meeUng Address yQUr letters to Gdy Clerk 9B85 Ma~n Street, Room 102 Santa Mon~ca, CA 94401 MORE 1NFORMA'~10TV If you want rnore ~nformatron aboutthis pro~ect, ~lease caA Assnc~ate Planner Sarah Le~eune at (310) 458-8341 The meebng fac~frty ~s accessible If yau have any d~sabdrty reiated needs, call (310) d58-$34'1 Pursuant to Calrfomra Government Code Sec6an 65009(bJ, fi this matter is subsequently chalEenged in Caurt, the ct~allenge may be GmRed to only those issues raised at the Public Heanng descnbed ~n thrs natice, or ~n wntter~ correspondence del~vered to the Cdy of 5anta 4Jlan~ca at, or psmr ta, the P~bNc Fieanng ESPA~IO~EI Conda Munrcipai de 1a ciudad de Santa Monica tendr~ u~a audencaa pubhca que puede ser de mteres para ttsted Para rnas miormaaon, Ilame a Carmen Guderrez al numero (310) 456-8341 ~r