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.
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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
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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
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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