REVIEWEDNERIFIED BY Management Analyst Finance Director Prepared By Presented By Art Bashmakia Art Bashmakian STAFF REPORT DATE June 10 2009 TO Honorable Mayor and Coun embers THRU FROM Donald Lamm City Manager Douglas Mclsaac Community Development Director4 1 SUBJECT Case No 2009 14 Zoning Text Amendment ZTA to allow limited entertainment in conjunction with a restaurant bar lounge club coffee shop or any other similar establishment without a conditional use permit CUP subject to development and performance standards This item was originally scheduled for the May 13 2009 Council meeting but was continued to June 10 2009 2 RECOMMENDED ACTION MOTION The Planning Commission recommends that the Mayor and City Council not introduce an ordinance amending the current zoning regulations to allow limited entertainment without the requirement for a conditional use permit CUP The Mayor and City Council however may also wish to consider the three options identified on Page 4 of the staff report 3 BACKGROUND AND DISCUSSION PROJECT DESCRIPTION The proposed zoning text amendment would allow limited entertainment karaoke and live entertainment when restricted to three or fewer performers in conjunction with a restaurant bar lounge club coffee shop or any other similar establishment without a conditional use permit CUP subject to development and performance standards see Exhibit 1 of Attachment 1 Planning Commission Resolution No 09 012 for the AGENDA ITEM NO MEETING DATE 610 2009
complete text Current regulations require the approval of a conditional use permit for any entertainment associated with food and beverage establishments no matter the size and scope of entertainment These limited entertainment activities however would continue to require the approval of a police permit by the Chief of Police ANALYSIS The zoning code defines Entertainment as Entertainment means every form of live entertainment music acting play burlesque show fashion show review pantomime scene song or dance act or song and dance act or any other act or performance participated in by one or more persons whether paid performers or guests or patrons for purposes of holding the attention gaining the attention and interest of diverting or amusing guests or patrons and shall include any of such forms of live entertainment when used in conjunction with or as a means to attract or hold the attention of such guests or patrons for the purpose of advertisement demonstration or display of goods wares merchandise or services Furthermore the zoning code lists Entertainment as a use requiring conditional use permit which requires action by the Planning public hearing the issuance of a Commission at a noticed Entertainment as defined in Chapter 17 04 offered in conjunction with a restaurant bar lounge club coffee shop or any other similar establishment provided that the establishment meets the following qualifying requirements a Minimum floor area shall be one thousand five hundred square feet or a legal seating capacity of fifty persons or more b At least one rest room shall be provided for each gender as required by the Uniform Building Code C No more than thirty percent of the seating retail area shall be utilized for the purpose of providing entertainment d If patron sing along devices or machines are offered on the premises they shall not be considered as arcade or video games unless coins or tokens are required to operate them met e Minimum restaurant parking requirements shall be The current language of the code requires the issuance of a CUP no matter the size scope or intensity or the form of entertainment For example if Starbucks or a similar Page 2 of 5
coffee house desires to provide entertainment in the form of an acoustic guitar player such activity would be subject to a conditional use permit which takes about four months to process and costs an applicant over 2875 The proposed ordinance contains a number of operational standards that are designed to minimize or eliminate the possibility of negative impacts the following requirements 1 that sound from entertainment activity shall not be audible more than 50 feet from the business 2 all doors windows entrances and exits shall These standards include remain closed during any performance 3 no lines may form outside the business to preclude the establishment of a typical nightclub 4 prohibit entrance fees cover charges and minimum drink or food order requirements to enter or remain in the premises to preclude the establishment of a typical nightclub In addition to these restrictions a police permit is still required for all entertainment The police permit provides additional measures to safeguard the community from potential negative impacts The pros and cons of this ordinance are summarized below PROS CONS Helps existing businesses to offer activities City has more limited ability to ensure that a that increase number of customers use will not have negative impacts Its consistent with the General Plan which Without a use permit procedure whether requires that the City provide adequate supply administrative or involving the Planning of entertainment activities Commission surrounding property owners would not be provided with public notice of a proposed use The uses will continue to be subject to a police Without a use permit procedure whether permit which can be approved approved with administrative or involving the Planning conditions denied revoked and appealed to Commission the City will have more limited the Mayor and City Council opportunity to impose conditions to preclude potential negative impacts Allowing certain uses to be considered Although the proposed ordinance will have administratively could help the City financially standards to regulate noise its still possible as substantial resources staff time and that some may violate these standards materials are used to conduct public hearings Without a use permit the use cannot be called up for review in the event problems should occur Based on the above pros and cons discussion the Mayor and the City Council can direct staff to return to the Planning Commission and facilitate a public hearing to consider an Administrative Use Permit process to address limited entertainment applications Page 3 of 5
PLANNING COMMISSION MEETING Pursuant to the applicable provisions of the Westminster Municipal Code the Planning Commission at its regular meeting of April 15 2009 held a duly advertised public hearing to consider the proposed amendments to the Westminster Municipal Code During the hearing no one spoke in favor or against the proposal Some Commissioners expressed a concern relative to allowing any form of entertainment without the benefit of a Conditional Use Permit The majority believe in preserving the public notification requirement and requiring such uses to be acted by the Planning Commission As such the Planning Commission voted 32 Tran and Vo voting No to recommend against the proposed ordinance OPTIONS Options and alternative actions available to the Mayor and City Council include the following Option 1 Continue requiring CUP for all entertainment uses Accept the recommendation of the Planning Commission to not introduce the proposed ordinance thereby maintaining the current regulations requiring a conditional use permit for any type of entertainment associated with food and beverage establishments regardless of its magnitude or intensity Option 2 Option 3 Allow limited entertainment uses subject to a new administrative use permit AUP Direct staff to draft an alternative ordinance that would allow limited entertainment uses subject to an AUP an option that would represent a middle ground between Options 1 and 3 Allow limited entertainment uses by right without any type of use permit Introduce the originally proposed ordinance that would allow limited entertainment uses subject to certain standard conditions but without the need for any type of discretionary permit Given the Planning Commission concern for public notification and review of any type of entertainment use staff developed Option 2 that would continue to provide public notification and the opportunity for public review while also providing the benefits of a shorter and less costly review process The use of an administrative use permit or AUP as proposed under Option 2 can in some ways be considered to be a mini conditional use permit An AUP is most appropriate for uses for which the City still wishes to have some discretionary review and authority over but which may not rise to the level that would necessitate a CUP Under the AUP process public notices regarding a proposed use would still be sent to surrounding property owners and residents If no objections or requests for a public hearing were received however the requests could be acted on administratively Even Page 4 of 5
without a public hearing called up for review if problems the AUP could still have conditions attached and could be were to occur The AUP process is currently proposed in the Zoning Code update that is scheduled to be reviewed by the Planning Commission this month If the Council decided to select Option 2 the AUP process could be brought forward as part of a revision to the limited entertainment ordinance ENVIRONMENTAL REVIEW The project activity involves the allowance of entertainment consisting of Karaoke and live entertainment limited to three or fewer performers without a conditional use permit CUP within food and beverage establishments Allowing such uses without a conditional use permit CUP within existing establishments can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment Furthermore its not foreseeable or likely that by allowing such uses without a conditional use permit CUP the City would experience the demolition of existing buildings and the construction of new buildings to accommodate such uses Therefore its determined that this activity project is not subject to the California Environmental Quality Act CEQA as stipulated in Section 15061 Review for Exemption of the CEQA Guidelines 4 FISCAL IMPACT None 5 ATTACHMENTS 1 Planning Commission Resolution No 09 012 2 Planning Commission Minutes of April 15 2009 SADepartments Community Development Planning Advanced Planning Zoning Text Amendments 2009 14 entertainment Reports Resolutions and Ordinances CC Staff Report 610 09 Page 5 of 5
PLANNING COMMISSION RESOLUTION NO 09 012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WESTMINSTER RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 17 LAND USE ORDINANCE OF THE WESTMINSTER MUNICIPAL CODE ESTABLISHING STANDARDS TO PERMIT LIMITED ENTERTAINMENT WITHOUT A CONDITIONAL USE PERMIT WHEREAS the Planning Commission desired to consider an amendment to the text of the City s Zoning Ordinance and voted on March 18 2009 to initiate an amendment to the text of the City s Zoning Ordinance to allow limited entertainment in conjunction with a restaurant bar lounge club coffee shop or any other similar establishment without a conditional use permit CUP subject to development and performance standards and WHEREAS pursuant to the applicable provisions of the Westminster Municipal Code the Planning Commission at its regular meeting of April 15 2009 held a duly advertised public hearing to consider the proposed amendments to the Westminster Municipal Code and WHEREAS the proposed text amendment is consistent in principle with the goals objectives policies land uses and programs specified in the adopted General Plan specifically Economic Development Policy IIIA1 which states provide an adequate supply of retailing personal and business services and entertainment activities to satisfy the demands of residents and businesses in the City and surrounding area in that allowing limited entertainment such as live entertainment limited to three or fewer performers and Karaoke without a conditional use permit will expand entertainment opportunity for residents and visitors and WHEREAS the proposed text amendment is consistent in principle with the goals objectives policies land uses and programs specified in the adopted General Plan specifically Land Use Policy IIA2 which states that all land uses in the City shall not exceed appropriate densities and intensities of development as dictated by the policies of this General Plan and compatibility with surrounding uses in that by allowing only limited entertainment without a conditional use permit and by establishing operational and development standards will ensure that such uses will be compatible with surrounding uses and WHEREAS the Planning Commission having duly considered all written and oral statements presented in regard to the proposed ordinance has determined that the adoption of the ordinance will not impair the public health safety and general welfare and Planning Commission Resolution No 09 012 Page 1 of 3 Case No 2009 14 April 15 2009 Zone Text Amendment
NOW THEREFORE BE IT RESOLVED AS FOLLOWS SECTION 1 The Planning Commission hereby recommends that the Mayor and City Council of the City of Westminster not adopt an ordinance amending sections of Chapters 17 22 and 17 24 of the Westminster Municipal Code to allow entertainment consisting of Karaoke and live entertainment limited to three or fewer performers without a conditional use permit within food and beverage establishments as show in Exhibit 1 attached to this resolution PASSED APPROVED AND ADOPTED this 15th day of April 2009 Chalfrrian of the PI n ng Commission ATTEST Secretary of the Planning Commission STATE OF CALIFORNIA COUNTY OF ORANGE SS I Art Bashmakian hereby certify that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the City of Westminster held on April 15 2009 by the following vote AYES COMMISSIONERS Bertels Ho Turro NOES COMMISSIONERS Tran Vo ABSENT COMMISSIONERS af a Secretary of the Planning Commission Planning Case No 2009 14 Commission Resolution No 09 012 Page 2 of 2 Zone Text Amendment April 15 2009
EXHIBIT 1 The text proposed to be amended added is show below in bold face type Chapter 17 22 C1 LOCAL BUSINESS DISTRICT 17 22 010 Permitted uses Uses permitted in the C1 district shall be as follows A All uses permitted in the CR district B The following retail businesses Entertainment as defined in Chapter 17 04 and subject to a police permit in conformance with all provisions in Title 5 of the Westminster Municipal code offered in conjunction with a restaurant bar lounge club coffee shop or any other similar establishment provided that the establishment meets the following qualifying requirements a Live entertainment is limited to three or fewer performers who are providing the business music and or song that is an ancillary activity of b Entertainment in the form of karaoke consists of pre recorded music that is accompanied by singing performed by non compensated patrons of the business C Sound from entertainment activity shall not be audible more than 50 feet from the business as measured from the exterior walls of the tenant lease space or building part of a stand alone business if entertainment is d All doors windows entrances and exits shall remain closed during any performance e Any performance must take place inside the business and in an area designated for the performance that will not interfere
with entrances exits emergency exits patrons through the business or the free flow of f Stages or raised platforms must comply laws with all state and local g No lines may form outside the business h The use of third party promoters at the business is prohibited Entrance fee cover charge minimum drink or food order requirements to enter or remain in the premises is prohibited D The following uses shall require issuance of a conditional use permit Cafe coffee house or tea houses excluding those 1 Located within an enclosed mall having no direct exterior access or 2 With no seats and a customer area of less than two hundred fifty square feet or 3 With hours of operation limited to six thirty am to nine pm Monday through Thursday and sixam to ten pm Friday Saturday and Sunday subject to the following minimum requirements a Visibility into the interior of the premises shall not be blocked by window tinting greater than twenty percent opacity opaque coverings of any nature or by painted signs covering more than twenty five percent of any window pane area b Illumination within the patron seating be less than 10 candlepower per square foot area of the business shall not C Except as described in Subsection B under permitted uses no entertainment including karaoke shall be permitted at any time unless approved by the Planning Commission shall be shown on a television or monitor including a transmission which promotes karaoke No video or audiovisual transmission of any nature d No more than four amusement devices shall be in the business at any time unless approved by the Planning Commission 2
e No type or amount of alcoholic beverages to be present at any time for any purpose on the premises shall be sold or allowed f No Loitering signs shall be posted business and within the guidelines set forth by the City on the front and rear of the g No smoking shall be permitted within the establishment at any time h Two handicapped accessible public restrooms shall be required if twelve or more patrons seats are provided i No persons aged seventeen or younger shall be permitted establishment after ten pm on any day in the Entertainment as defined in Chapter 17 04 except Subsection B above under permitted uses offered in conjunction with a as described in restaurant bar lounge club coffee shop or any other similar establishment provided that the establishment meets the following qualifying requirements a Minimum floor area shall be one thousand five hundred square feet or a legal seating capacity of fifty persons or more b At least one rest room shall be provided for each gender as required by the Uniform Building Code C No more than thirty percent of the seating retail area shall be utilized for the purpose of providing entertainment d If patron sing along devices or machines are offered on the premises they shall not be considered as arcade or video games unless coins or tokens are required to operate them e Minimum restaurant parking requirements shall be met Chapter 17 24 C2 GENERAL BUSINESS DISTRICT 17 24 010 Permitted uses C The following uses shall require issuance of a conditional use permit Entertainment as defined in Chapter 17 04 except as described under permitted uses in the C1 district offered in conjunction with a restaurant bar
lounge club coffee shop or any other similar establishment provided that the establishment meets the following qualifying requirements Minimum floor area shall be 1500 square feet or a legal seating capacity of fifty persons or more 2 At least one rest room shall be provided for each gender as required by the Uniform Building Code 3 No more than thirty percent of the seating retail area shall be utilized for the purpose of providing entertainment 4 If patron sing along devices or machines are offered on the premises they shall not be considered as arcade or video games unless coins or tokens are required to operate them and 5 Minimum restaurant parking requirements shall be met SADepartments Community Development Planning Advanced Planning Zoning Text Amendments 2009 14 entertainment Maps Plans Graphics Charts Surveys proposed text 4
PLANNING COMMISSION Minutes of the Regular Meeting Westminster Council Chambers 8200 Westminster Boulevard Westminster CA 92683 April 15 2009 630 pm Call to Order The Planning Commission of the City of Westminster met in a regular session on Wednesday April 15 2009 called to order in the Westminster Council Chambers at630 pm by Chairman Tran Roll Call Commissioners present Bertels Ho Tran Turro Vo Commissioner absent None Staff Attendance Doug Mclsaac Community Development Director Art Bashmakian Planning Manager Michael Patterson Assistant Planner Fenn Moun Planning Technician Maria Moya Administrative Assistant and Christian Bettenhausen Deputy City Attorney Salute to the Flag All persons present joined in the Salute to the Flag conducted by Commissioner Vo Approval of The minutes of the regular meeting of March 18 2009 were Minutes approved on motion of Commissioner Bertels seconded by CommissionerVo and carried40 Chairman Trandid not vote because he was absent in that meeting Oral Communication None Report from the Secretary on Late Communication Items None Public Hearing A Case 2009 14 Zoning Text Amendment Location Citywide Commercial Districts Zoning Text Amendment ZTA to allow limited entertainment in conjunction with a restaurant bar lounge club coffee shop or any other similar establishment by right subject to development and performance standards Planning Commission April 15 2009 Page 1
STAFF RECOMMENDATION recommend that the Mayor and amending the current zoning entertainment by right That the Planning Commission City Council adopt an ordinance regulations to allow limited As a follow up to the last meeting Mr Art Bashmakian presented the description of the zone text amendment that would allow limited entertainment without a conditional use permit subject to development and performance standards Based on staff analysis the Commission received staff recommendation to recommend that the City Council adopt an ordinance amending the current zoning regulations to allow limited entertainment without the requirement for a conditional use permit Mr Bashmakian indicated that Police Officer Dan Schoonmaker of the Police Department was available to answer any questions Commissioner Turro requested clarification of to allow limited entertainment by right on page 2 second to the last paragraph of the agenda Mr Bashmakian explained that the language was modified in the staff report which meant and should be stated without requiring a conditional use permit Referring to Exhibit I d of the staff report Commissioner Bertels suggested that the language should be revised to accurately reflect that Police Department will have access to the building as the staff report indicated that everything windows doors will be closed up Mr Bashmakian consented Mr Christian Bettenhausen arrived at653 pm The public hearing was opened No one spoke opposition and the public hearing was closed in favor nor in Motion Commissioner Vo moved that the Planning Commission recommend that the Mayor and City Council adopt an ordinance amending the current zoning regulations to allow limited entertainment without a conditional use permit Chairman Tran seconded Commissioner Turro was concerned that restaurants bars lounges or similar establishments can acquire a permit for entertainment without a public hearing He preferred that all conditional use permit requests be considered by the Commission as he did not want to put the Police Department under strain checking on these requests He wanted to provide the public the opportunity to hear the requests and help the Commission decide Planning Commission April 15 2009 Page 2
whether a permit should be allowed or not Further Commissioner the current ordinance as he Turro did not want to arbitrarily change felt some changes in the verbiage in the zone text amendment were necessary While the permits may comply with Code at the present he commented that he wants to avoid any problems that could arise in the future Commissioner Bertels concurred with Commissioner Turro Substitute Motion Commissioner Turro moved that the Planning Commission deny that the Planning Commission recommend that the Mayor and City Council adopt an ordinance amending the current zoning regulations to allow limited entertainment by right Commissioner Bertels seconded Commissioner Vo dissented The motion carried 32 Chairman Tran and orts A Case 2008 88 Site Plan and Design Review ssiiii Location 351 01 7742 13th Street Assessor Parcel Number 09 Application to demolish an existing single family dwellin develop three residential apartment units Unit 1 and 2 will b 700 square feet with three bedrooms two bathrooms ea and Unit 3 will I Jude four bedrooms two bathrooms for otal of 1900 square fee The apartment building will be stories and 25 feet 8 inche height STAFF RposedNDATI That the Planning Commission approve thplan and Design three apars Review to construct Mr Fenn Mo pro d a brief overview of the applicant s proposal to onstruct t partment units Based on staff analysis d findings h recommended that the Planning Commi ion approve the propo d Site Plan and Design Review to con ct three apartment units a e comer of Cedarwood Avenue 13t Street No one requested to speak in favor nor in opposition Motion On motion of Commissioner Vo seconded b Commissioner Bertels and carried 50 the Planning Commission hqrove the proposed Site Plan and Design Review to constru three apartment units Planning Commission April 15 2009 Page 3