HomeMy WebLinkAboutAgenda Report - December 15, 1999 F-01 PH�l'4'F�ZO
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COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing to consider the Planning Commission's recommendation that the City
Council adopt an Amendment to the City of Lodi Municipal Code, Chapter 17, by
Adding Section 17.73 "Live Entertainment Permits."
MEETING DATE: December 15, 1999
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the Council approve the attached draft Ordinance and
introduce it for first reading.
BACKGROUND INFORMATION: As the Council will recall, I gave a presentation at the Shirtsleeve
meeting on September 14, 1999 regarding live entertainment
and the current regulations governing their establishment. The
City Council direction from that meeting was to develop an
administrative process that minor or accessory types of live entertainment requests could be reviewed
without having to go through a Use Permit.
The process outlined in the draft Ordinance is similar to that used for Administrative Deviations. Again,
the idea being to identify a specific set of criteria that would have to exist prior to an application for the
administrative process. If the scenario did not fit within the criteria, a Use Permit would then need to be
sought.
The City Manager, Economic Development Coordinator and myself met on several occasions to draft the
criteria shown. The Planning Commission, at their October 27'" meeting, voted to recommend approval
of the new process. The Commission felt that the type of entertainment that would fall into the
administrative process would indeed be incidental, and pursuing this would streamline the review while
still ensuring appropriate conditions.
The final piece of this will be to set a filing fee for the new review. Should the City Council approve the
draft Ordinance, staff will recommend a Resolution at your next meeting for that purpose.
FUNDING: None required
Konradt Bartlam
Community Development Director
KB/Iw
Attachments
APPROVED:
H. Dixon Flynn - -C4 Manager
cc9926.doc 12/07/99
RESOLUTION NO. P.C. 99-43
A RESOLUTION OF THE PLANNING CONBESSION OF THE CITY OF LODI
RECONL LENDING CITY COUNCIL ADOPTION OF A ZONING ORDINANCE
ANIENDN ENT ADDING SECTION 17.73 CONCERNING LIVE ENTERTAINMENT.
WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly
noticed public hearing, as required by late, on the requested amendment and addition to the
Municipal Code regarding Live Entertainment.
WHEREAS, the proposed amendment and additions to the Zoning Ordinance will affect
all properties within the City of Lodi.
WHEREAS, all legal prerequisites to the approval of this Resolution have occurred.
NOW, THEREFORE, BE IT FOUND, DETEVIE ED AND RESOLVED by Planning
Commission of the City of Lodi as follows:
1. A Notice of Exemption has been prepared in compliance with the California Environmental
Quality Act of 1970, as amended, and the Guidelines provided thereunder. Further, the
Commission has reviewed and considered the information contained in said Notice of
Exemption with respect to the project identified in this Resolution.
2. The Planning Commission finds that approval of the zoning amendments and additions will
result in good planning practice and be to the benefit of the population by providing an
administrative review process for minor Live Entertainment requests.
3. That the Planning Commission recommends that the City Council approve the attached text
amendment and additions found in Exhibit A.
Dated: October 27, 1999
1 herebv certify that Resolution No. 99-43 was passed and adopted by the Planning
Commission of the City of Lodi at a regular meeting held on October 27, 1999, by the following
vote:
AYES: Commissioners: Crabtree, Heinitz, McGladdery, Rasmussen,
Schmidt, and Chairman Nlattheis
NOES: Commissioners:
ABSENT: Commissioners: Borelli
ABSTALN: Commissioners:
ATTEST:
Secretary, Planning Commission
Res9943.doc
HEARING CLOSED TO THE PUBLIC
The Planning Commission on motion of Commissioner Rasmussen, Crabtree second,
approved the amendment to the List of Permitted Uses Contained Within Planning
Commission Resolution C.P.C. #1 Regarding the C-2, General Commercial Zone
Pertaining to Theaters subject to the conditions set forth in the Resolution.
AYES: Commissioners: Crabtree, Heinitz, Rasmussen, McGladdery, and
Chairman Mattheis
NOES: Commissioners: Schmidt
ABSENT: Commissioners Borelli
ABSTAIN: Commissioners
Amendment to the City of Lodi Municipal Code, Chapter 17, by Adding Section
17.73 "Live Entertainment Permits." Community Development Director Bartlam
presented this matter to the Commission. He stated that over the summer an issue
arose regarding a small business having live entertainment without a Use Permit. After
a City presentation to the City Council, the City Council directed staff to create criteria
for an administrative process for minor live entertainment requests. Staff put together
criteria that best described the entertainment uses that are relatively minor in nature.
Following is the criteria that was created:
A. Any amplification of entertainment must be confined indoors.
B. Non -amplified music/performance may take place outdoors with an approved site
plan.
C. The entertainment shall be clearly incidental to the primary use of the property
(i.e. no stage or dance floor may exist).
D. No nuisance is created by reason of noise -increased traffic or other similar .
causes.
E. The property shall be a minimum three hundred feet (300') from a residential
zone.
Community Development Director Bartlam noted that minor entertainment permits
could go through at an administrative level rather than the Planning Commission level.
The administrative process will still enable the City to condition an application and the
applicant would have the ability to appeal any decision. Staff invited the Commission
to make any changes to the proposed Live Entertainment Permits section that was
being presented.
Commissioner Mattheis questioned if the permits would only be for private properties.
Community Development Director Bartlam responded that was correct and added that
the Zoning Code pertains to private property verses public rights-of-way. The City
Council has ultimate control over City properties and has the ability to set whatever
restrictions they please. One-time happenings, i.e., Farmer's Market and Lunchtime
Live, are not covered in the Zoning Code.
10-27.doc
Commissioner McGladdery pointed out that the Live Entertainment Permit only
addresses non-residential properties. He asked the limitations in residential areas.
Community Development Director stated that the City would not cover one-time
events on residential properties like weddings or parties, but if it were an on-going
issue, it would be prohibited as a business.
Commissioner McGladdery noted that when an event is being held on Public property
and goes wayward, usually it's too late to do anything after the event. He would like to
see a process regulating entertainment within the public areas.
Hearing Opened to the Public
No one came forward to speak on the matter.
Hearing Closed to the Public
The Planning Commission on motion of Commissioner Schmidt, McGladdery second
approved to recommend to the City Council an amendment to the City of Lodi
Municipal Code, Chapter 17, by adding Section 17.73 "Live Entertainment Permits."
subject to the conditions set forth in the Resolution.
AYES: Commissioners: Crabtree, Heinitz, McGladdery, Rasmussen,
Schmidt and Chairman Mattheis
NOES: Commissioners:
ABSENT: Commissioners Borelli
ABSTAIN: Commissioners
ANNOUNCEMENT AND CORRESPONDENCE
Community Development Director Bartlam reported that former Community
Development Director Jim Schroeder suffered an aneurysm and is in critical condition
at St. Joseph's Hospital in Stockton. He further stated that blood donations are being
taken in his name at the Delta Blood Bank.
ACTIONS OF CITY COUNCIL
The City Council approved the General Plan Amendments for the two properties
(Tecklenburg and St. John the Baptist) and are moving forward with the annexation
requests.
Commissioner Mattheis thanked Mr. Bartlam and staff for taking care of the issue
regarding the color of blocking used on the new Safeway Market.
ADJOURNMENT
As there was no further business to be brought before the Planning Commission, Chairman Mattheis
adjourned the session at 8:30 p.m.
Res ctfully submitted,
aWagner J
Secretary
10-27.doc
MEMORANDUM, City of Lodi, Community Development
Department
syL.
To: Planning Commission
From: Community Development Director
Date: October 27, 1999
Subject: Amendment to the City of Lodi Municipal Code, Chapter 17, by Adding Section
17.73 "Live Entertainment Permits."
SUMMARY
On September 14, 1999, the City Council received a presentation by the Community
Development Director regarding Use Permits for Live Entertainment. As the
Commission may recall, the issue blossomed from a situation concerning Live
Entertainment at a local small business. The feeling of the proprietor was that an
incidental use, such as the entertainment they were providing, did not warrant a full scale
Use Permit. In some circumstances, staff agreed.
As a result of my presentation, the City Council directed that an adrri�inistrataive process
be designed that would provide for a necessary review and approval for minor
entertainment requests. Staff, treating the issue the same as the current Administrative
Deviation process, set out to identify specific criteria that would have to exist in order for
the administrative process to work.
Attached to the draft -Resolution is staff's recommendation. I feel that it gives enough
flexibility to deal with rather minor requests while still providing for a Use Permit for
those potentially significant situations. The administrative process will still enable the
City to condition an application and the applicant would have the ability to appeal any
decision.
RECOMMENDATIOV
Staff recommends that the Commission recommend approval to the City Council the language
contained as Exhibit -A- in the draft Resolution.
*,octfull, Submitted.
Konradt Bartlam
Community Development Director
KB/Iw
Attachement
PC9901.doc
ORDINANCE NO. 1686
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 17 -
ZONING, BY ADDING CHAPTER 17.73, RELATING TO
LIVE ENTERTAINMENT PERMITS
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. Lodi Municipal Code Title 17 Zoning is hereby amended by adding
Chapter 17.73 Live Entertainment Permits, to read as follows:
Chapter 17.73
Live Entertainment Permits
Sections:
17.73.10 Intent - It is the intent of this chapter to provide for an administrative review
and approval process for specified live entertainment requests.
17.73.20 Permitted Live Entertainment Applications - Requests for Live Entertainment
permits shall be reviewed by the Community Development Director subject to the
following conditions:
A. Any amplification of entertainment must be confined indoors.
B. Non -amplified music/performance may take place outdoors with an
approved site plan.
C. The entertainment shall be clearly incidental to the primary use of the
property (i.e. no stage or dance floor may exist).
D. No nuisance is created by reason of noise -increased traffic or other
similar causes.
E. The property shall be a minimum three hundred feet (300') from a
residential zone.
17.73.30 Requirements for Application - A request for a Live Entertainment Permit
shall include a site plan, floor plan and any other information as deemed to be
necessary by the Community Development Director.
17.73.40 Reviewing Authority - The Community Development Director shall be the
reviewing authority under this chapter. All decisions shall be based on consideration of
all relevant information received and shall include findings granting or denying the
application.
17.73.50 Findings - In granting any Live Entertainment Permit, the Community
Development Director shall find that the establishment, maintenance or conducting of
the use will not, under the circumstances of the particular case, be detrimental to the
health, morals, comfort or welfare of persons residing or working in the neighborhood of
the proposed use, or to property or improvements in neighborhood, or will not be
contrary to the general public welfare.
17.73.60 Conditions - In acting upon any permit, the Community Development Director
may designate such regulations as a condition of the action as may be deemed
necessary for the protection of the general public welfare, any violation of which
regulations shall automatically invalidate the permit, as the case may be. Permits shall
be granted to the applicant only, and shall not be transferable by the applicant and may
be limited as to their duration.
17.73.70 Appeals to Planning Commission - All decisions of the Community
Development Director, including the applicability of this chapter, shall be subject to
appeal to the Planning Commission, by written request, within ten days after the
decision.
17.73.80 Live Entertainment Permit Fee - The filing of an application for a Live
Entertainment Permit with the Community Development Director shall be accompanied
by the payment of a filing fee as set and established from time to time by resolution of
the City Council. No part of such filing fee is returnable.
Section 2. - No Mandatory Duty of Care. This ordinance is not intended to and shall not
be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City
or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 3. - Severability. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof.
Section 4. All ordinances and parts, of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel", a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this day of , 2000
STEPHEN J. MANN
Mayor
Attest:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1686 was introduced at a regular meeting of the City Council of the City of Lodi held
December 15, 1999 and was thereafter passed, adopted and ordered to print at a
regular meeting of said Council held , 2000 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1686 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney
•. CITY OF LODI NOTICE OF PUBLIC HEARING
Carnegie Forum Date: December 15,1999
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Alice M. Reimche
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, December 15, 1999 at the hour of 7:00 p.m., or as soon
thereafter as the matter may be heard, the City Council will conduct a Public Hearing to consider the
following matter:
a) Planning Commission's recommendation that the City Council adopt an Amendment to the City of
Lodi Municipal Code, Chapter 17, by adding Section 17.73 'Live Entertainment Permits'.
Information regarding this item may be obtained in the office of the Community Development Department
Director, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and
comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those issues you or someone
else raised at the Public Hearing described in this notice or in written correspondence delivered to the City
Clerk, 221 West Pine Street, at or prior to the Public Hearing.
By Order of the Lodi City Council:
l�4� %
Alice M. Reimch
City Clerk
Dated: November 17,1999
Approved as to form:
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Randall A. Hays
City Attorney
xXCITYCIRMF0RM5W0TCDD.D0C 11/17199