SR-11-13-2012-7ACity of City Council Report
Santa Monica'
City Council Meeting: November 13, 2012 /1
Agenda Item: J 0
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Ordinances Regulating the Commercial Operation of Residential
Properties As Event Venues
Recommended Action
Staff recommends that the City Council either adopt the attached regular ordinance on
second reading or adopt the attached proposed emergency ordinance if circumstances
are determined to warrant emergency action.
Executive Summary
At its meeting of October 2 "d, Council considered complaints from neighbors about a
series of large, night -time events at 2009 La Mesa Drive produced for the primary
purpose of marketing the home for sale. In response, Council directed staff to return
with an emergency ordinance banning such activity in the City's R -1 districts. Staff
returned with an ordinance on October 23rd. After the public hearing, Council modified
the prohibition in the proposed ordinance, revised it into a regular ordinance, and
approved the ordinance on first reading. That ordinance is now presented for second
reading and adoption.
Also presented for Council consideration is the same emergency ordinance that was
proposed on October 23rd. This emergency ordinance is presented in the event that the
activities which have taken place most recently at 2009 La Mesa Drive warrant
emergency action.
Background
Council members placed an item on the agenda for October 2nd in response to
neighbors' complaints that night -time events at the single family residence at 2009 La
Mesa Drive had created a nuisance and were disrupting quietude in their R -1
neighborhood. Among other things, neighbors testified that 2009 La Mesa Drive was
being advertised as "The Rolling Stone's House of Rock" (The House of Rock), that the
events included concert style performances, and that the traffic generated by the events
imperiled the safety and welfare by interfering with access to their homes. At that
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hearing, one of the owners of The House of Rock testified that she is in the business of
"flipping" high -end homes and that the series of events was a clever marketing scheme.
At the conclusion of the lengthy hearing, Council directed staff to return with an
emergency ordinance that would prohibit the activities on October 23rd. Before that
meeting, another large event was held at The House of Rock. It apparently did not
significantly disrupt the neighborhood.
As directed, staff presented a proposed emergency ordinance to Council on October
23rd. Again, many people testified, including both neighbors who opposed the
marketing scheme for The House of Rock and supporters who claimed, among other
things, that the events benefited worthy charities. After the hearing, Council approved
the proposed ordinance on first reading with two modifications. One broadened the
ordinance's prohibition, and the other made it a regular ordinance. Because concern
was expressed that future events, including a widely - publicized Halloween event, might
again severely disrupt the neighborhood, staff assured Council that it would return with
both the second reading of the regular ordinance and the emergency ordinance.
Discussion
After the Council meeting of October 23rd, neighbors, the owners, and attorneys for both
contacted City staff. Neighbors expressed their concerns about the then - upcoming
Halloween party, asking that ample enforcement personnel be available to address any
legal violations, particularly those causing safety risks. Owners asked that the street be
closed the night of the event. City staff responded by formulating contingency plans for
that evening. The street was not closed pursuant to the owner's request. (While safety
personnel can and do close streets when necessary to preserve safety, they do so
based upon their assessment of the exigencies of the moment; the City does not have
the authority to close a public street at the request of a single property owner.) On. the
night of the event, enforcement personnel monitored impacts, asking that noise be
reduced on a couple of occasions. Apart from occasional spikes in noise, no legal
violations were observed.
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Since the last Council hearing, concern has also been expressed about possible code
violations. These include, but are not limited to, the conversion of the attic into a
recording studio and the installation of outdoor cooking facilities in the back yard. Staff
is addressing these issues through its usual processes. They include interpreting the
code, evaluating potential violations, issuing citations when appropriate and allowing an
opportunity to correct any cited violations.
The attorney for the neighbors has continued to complain that The House of Rock
constitutes a commercial endeavor in an R -1 zone and therefore the City should halt the
activity. As explained in the previous staff report, staff does not believe that a court
would issue a temporary restraining order or preliminary injunction halting the events at
The House of Rock based on the presently existing record and current local law.
However, legal staff has communicated its willingness to carefully consider any legal
authority to the contrary and noted that the City could opt to participate in any lawsuit
(such as a nuisance action) that the neighbors might file to attempt to halt future events.
As previously explained, staffs opinion is that local law should be modified to include an
express prohibition against operating a residential property as an events facility.
Accordingly, staff continues to support adoption of an ordinance.
Two ordinances are proposed with this report. The first is the second reading of the
ordinance approved on October 23`d. The second is the emergency ordinance that was
proposed the same evening. The substantive modification that Council made to the
ordinance on the 23`d has not been included in the emergency ordinance for the
reasons previously explained. Staff recommends adopting the regular ordinance on
second reading unless new circumstances have arisen that, in Council's judgment,
necessitate emergency action.
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Financial Impacts
Adoption of either ordinance will not cause direct financial impacts to the City.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
Mars f€ a€ Jon s outrie L/
City A'tornzy�
Attachments:
Forwarded to Council:
Rod Gould
City Manager
A. Proposed Ordinance for Second Reading
B. Proposed Emergency Ordinance
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Reference
Ordinance No. 2412
(CCS).