ORDINANCE NO. 1659
AN
ORDINANCE OF THE CITY OF
SEAL
BEACH
AMENDING
SECTION 11. 4. 05. 010. D OF CHAPTER 11. 4. 05 OF TITLE 11 OF THE
SEAL BEACH MUNICIPAL CODE RELATING TO ALLOWABLE
INCIDENTAL BUSINESS ACTIVITIES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1.
Section 11. 4. 05.010. D of Chapter 11. 4. 05 of Part IV of Title 11
relating to allowable incidental business activities is hereby amended as follows:
D.
Allowable Incidental Business Activities.
1.
Allowed Uses. The following activities with or without using
amplified
equipment
or
instruments
are
allowed
when
deemed incidental to a legally established commercial
business, when approved at the time of issuance of the
business license, and when conducted in compliance with
the operational standards identified in paragraph 3. a of this
subsection:
a.
Book or poetry readings in a cafe, restaurant, or bar;
b.
Fashion show in a cafe, restaurant, or bar;
Parlor games or party games in a cafe, restaurant, or
C.
bar;.
d.
Live, amplified or unamplified tableside entertainment
performed by no more than 4 ( four) individuals
including but not limited to a singer, musician,
instrumentalist,
magician,
balloon
entertainer, face
in a retail store, gallery,
restaurant, cafe, or any other business or use; and
painter
or
comedian)
Other uses as determined by the Director to be of the
e.
same general character as those listed above, and
not
objectionable
or
detrimental
to
surrounding
properties and the neighborhood.
2. Prohibited
Uses. The following entertainment activities are
prohibited as incidental business activities:
a.
Dancing;
b.
Karaoke: and
Performances by singers, musicians, comedians,
actors, magicians, or other entertainers of any kind, from a stage.
C.
3.
Compliance with Zoning and
incidental
business
Land Use Approvals.
activities
shall
be
conducted
All
in
accordance with the requirements of the zone in which they
are
located,
and
in
compliance
provisions of any conditional
with
all
conditions
and
use permit or other permit,
approval or entitlement issued for the subject property, and
all other applicable requirements of this code.
Ordinance Number 1659
a.
Compliance with Operational Standards. In order to
ensure that the entertainment shall be only accessory
and incidental to the primary use, and that the
entertainment does not interfere with any other
business, use or activity in surrounding areas, all
incidental business activities shall comply with all of
the following operational standards:
i)
Duration;
Expiration
Date.
The
approval
of
incidental business activities shall expire on the
same date that the business license expires.
No
incidental
business
activities
shall
be
conducted at any business that does not have
a valid business license.
ii)
Location.
shall
The
take
incidental
place
business
only within
the
activities
enclosed
interior area of the business or other use, and
only during the primary business activity
without replacing the primary business activity
at any time.
iii)
Hours
of
Operation.
Except as
otherwise
provided in any conditional use permit or other
land use entitlement, all incidental business
activities shall be limited to the hours of 12: 00
p. m. to 9: 45 p. m. on Sunday through Thursday
and the hours of 12: 00 p. m. to 10: 45 p. m. on
Friday and Saturday.
iv)
Outside
Promoters. The
incidental
business
activities shall be part of the primary business
use and shall not be sponsored by an outside
promoter or other outside person, entity, or
organization; however, the entertainment may
benefit a non -profit organization directly
engaged in civic or charitable efforts.
v)
Admission
Charges.
There
shall
not
be
admission charges to enter the business or any
other cover charges based on the incidental
business activities.
vi)
Noise Impacts. All incidental business activities
shall comply with Section 11. 4. 10. 020.8: Noise
and all sound and noise requirements set forth
in this Chapter.
vii)
Traffic and Parking. The incidental business
activities shall
not generate enough additional
traffic to warrant the need for additional off -
street parking on a regular basis.
viii)
Adverse Impacts on Adjacent Areas; Public
Nuisance. The incidental business activities
shall not cause any additional adverse impacts
on
neighboring
residential
or
commercial
property owners or tenants, including but not
limited to, loitering, consumption of alcoholic
beverages in any parking lot or on any other
private or public property, public drunkenness,
disorderly conduct, littering, obstruction of free
2.
Ordinance Number 1659
access on any public sidewalk or public street,
fighting, or any other conduct that constitutes a
public nuisance.
ix)
Freedom of Speech.
imposed
pursuant
No condition may be
to
this
chapter
suppresses or regulates expression
manner contrary to law.
1(
that
in any
x)
Stage. No stage shall be allowed.
xi)
Occupancy Limit.
The occupancy limit
established for the business or other use shall
be clearly posted at the front and rear of the
interior building and shall not be violated at any
time.
xii)
Display of Conditions. A copy of the approval
of
the
incidental
business
activities and
all
restrictions and conditions of approval shall be
kept on the premises at all times and made
available to any code enforcement officer, city
peace officer or other city employee upon
request. The approval shall also be displayed
along the front window facing the public right of -way.
xiii)
Acceptance
incidental
of
Conditions.
business
activities
Approval
shall
not
of
be
effective for any purpose until the applicant
signs and returns a notarized " City Acceptance
of Conditions" form confirming their agreement
to abide by all provisions of this Section.
xiv)
Maximum
Noise
Level
Near
Residentially
Zoned Property. Live and amplified music shall
not exceed a maximum noise level Lmax of 50
dBA when measured at any residentially_zoned
property exterior location ( front, side and rear
yard, property line, patio and or balcony).
f.
Land
Use
Permits
or
Approvals:
Compliance
Required. Approval of incidental business activities
pursuant to this chapter shall not constitute approval
or modification of any conditional use permit, variance
or other land use permit, entitlement or approval
required under Title 11 or any other provision of this
Code. At all times the business operator and property
owner shall comply with all applicable requirements
and conditions of any other permit, entitlement or
approval applicable to the property and /or use, and all
other requirements of this Code in conducting the
incidental business activities in the building or other
premises. Violation of any provision of this Section,
any other permit, entitlement, or approval, or any
provision of the Code, may result in imposition of an
administrative
citation,
revocation and/ or nonrenewal
of the City's approval of incidental business activities,
or such other civil and criminal remedies as provided
in this Code. No business license shall be issued
which includes incidental business activities except
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Ordinance Number 1659
upon written business license zoning clearance from
the
Director
confirming
that
incidental
business
activities are allowed by the underlying zoning and
any applicable conditional use permit, variance or
other land use permit, entitlement or approval issued
under this Title.
Approval Not Transferable. The City' s approval of
incidental business activities pursuant to this chapter
is not transferable to any other person, use, building,
premises, or location.
Section 2.
Section 11. 5. 05. 025 of Chapter 11. 5. 05 of Part V of Title 11
is
hereby amended to add Incidental Business Activities to Table 11. 5. 05.025 as follows:
TABLE 11. 5. 05.025
REVIEW AUTHORITY
Review
TYPE OF
PROCEDURE
PERMIT OR
DECISION
IS IN:
DIRECTOR
uthority and Role
PLANNING
CITY
COMMISSION
COUNCIL
Land Use Permits and Other Development Entitlements:
Incidental
Chapter
Zoning
Business
11. 4. 05
clearance
Activities
approval.
Except as otherwise specifically amended by the aforesaid addition, Table
11. 5. 05. 025 remains in full force and effect.
Section 3.
Section 11. 6. 05.010 of Chapter 11. 6. 05 of Part VI of Title 11 is
hereby amended to include the following definitions:
Ambient Music: Prerecorded, broadcast or satellite music played at the premises
or building.
Director: The Director of Community Development of the City of Seal Beach, or
the designee thereof.
Entertainment: An event or series of events or activities, or a business or use,
occurring as incidental of another event, activity, business, or use, to which the
public is invited to watch, listen or participate ( excluding dancing) or is conducted
for the purpose of holding the attention of, gaining the attention of or diverting or
amusing guests or patrons, including but not limited to live music, singing,
including but not limited to karaoke), recorded music played by a disc jockey
DJ), ambient music, amplified music or unamplified music, or other performance,
whether or not said activities are accompanied by music or rhythm, which is
occurring, conducted or taking place inside or outside a building and attended by
members of the public.
Section 4.
Periodic Review. The City Council shall review the implementation
of this Ordinance six months and one year after its enactment.
Section 5.
Savings Clause.
Neither the adoption of this Ordinance nor the
repeal or amendment by this Ordinance of any ordinance or part or portion of any
ordinance previously in effect in the City or within the territory comprising the City, shall
in any manner affect the prosecution for the violation of any ordinance, which violation
was committed prior to the effective date of this Ordinance, nor be construed as a
waiver of any license, fee or penalty or the penal provisions applicable to any violation
of such ordinances.
ll
Ordinance Number 1659
Section 6.
If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance or any part thereof is for any reason held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this ordinance or any
part hereof. The City Council of the City of Seal Beach hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 7.
The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and posted
in the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 13th ay of Febru ry, 2017.
SarE
A,
indra Massa -Lavitt, Mayor
Robin L. Roberts, City
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was unanimously introduced for first reading at a regular meeting
held on the 23rd day of January, 2017 and was passed, approved, and adopted by the
City Council at a regular meeting held on the 13`h day of February, 2017 by the following
vote:
AYES:
Council Members:
Massa -Lavitt, Varipapa, Sustarsic, Moore
NOES:
Council Members:
None
ABSENT:
Council Members:
Council Members:
Deaton
ABSTAIN:
None
and do hereby further certify that Ordinance Number 1659 has been published pursuant
to [
y Charter and Resolution Number 2836.
26&
Robin L. Roberts, City Clerk
6