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CC - PUBLIC HEARING: Introduction of an Ordinance Approving Zoning Code Amendment P2018-0191-ZCA Relating to Event Centers, Amending Culver City Municipal Code (CCMC) Title 17: Zoning Code; Section 17.220.015 - Commercial District Land Uses and Permit Requirements, Section 17.230.015 - Industrial District Land Uses and Permit Requirements, Section 17.260.035 - East Washington Boulevard Overlay, Section 17.320.020 - Number of Parking Spaces Required, Section 17.520.010 - Applicability, Section 17.520.015 - Allowed Temporary Uses, Special Events, and Temporary Events, Section 17.520.035 - Development and Operating Standards, and Section 17.700.010(C) - Definitions.
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Meeting Date: January 14, 2019
Contact Person/Dept: William Kavadas/Assistant Planner
Michael Allen/Current Planning Manager
Phone Number: (310) 253-5706
(310) 253-5710
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [X] No [] Date: November 14, 2018
Public Notification: (E-Mail) Meetings and Agendas - City Council (01/09/19); (Posted) City Website (01/08/19); (Published) in Culver City News (12/13/18)
Department Approval: Sol Blumenfeld, Community Development Director (12/20/18)
_____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council introduce an Ordinance approving Zoning Code Amendment P2018-0191-ZCA relating to Event Centers, amending Culver City Municipal Code (CCMC) Title 17: Zoning Code; Section 17.220.015 - Commercial District Land Uses and Permit Requirements, Section 17.230.015 - Industrial District Land Uses and Permit Requirements, Section 17.260.035 - East Washington Boulevard Overlay, Section 17.320.020 - Number of Parking Spaces Required, Section 17.520.010 - Applicability, Section 17.520.015 - Allowed Temporary Uses, Special Events, and Temporary Events, Section 17.520.035 - Development and Operating Standards, and Section 17.700.010(C) - Definitions.
PROCEDURES
1. The Mayor calls on staff for a staff report and City Council poses questions to staff as desired.
2. The Mayor opens the public hearing, and receives comments from the general public.
3. The Mayor seeks a motion to close the public hearing after all testimony has been presented.
4. City Council discusses the matter and arrives at its decision.
BACKGROUND
The proposed text amendment is intended to address a trend in local businesses to complement their primary business activity with "special events". In some cases the special events activity becomes the primary revenue source for the business and the use becomes a de-facto "Event Center". Many of the buildings that house the special events were not designed to accommodate assembly use and do not conform to current Fire, Building, and Zoning Codes. 1
The proposed Text Amendment is intended to address these issues by:
1. Establishing Event Center as a defined term.
2. Establishing operating standards and procedures for approval of Event Centers
3. Requiring Event Centers to be fully Building and Fire code complying.
Section 17.700.010 of the Culver City Municipal Code (CCMC) defines a special event as follows:
Special Event. A duly licensed and approved activity of limited duration that is not directly related to an established business on the premises where the event is held, such as a carnival or Christmas tree sales on a vacant or unused lot, or a fundraising activity of a nonprofit organization held on the improved premises of an established business.
Chapter 17.520 of the CCMC allows twelve (12) special events per year at any location with the appropriate City approvals. Director approval is required if the number of special events exceeds 12 per year, and may be withheld if public nuisance complaints or general lack of compatibility is cause for concern.
On November 14, 2018, the Planning Commission reviewed the proposed Zoning Code Amendment and recommended that it be approved with a revision to omit art galleries from the event center classification. The Planning Commission felt that the small scale art galleries (i.e. those typically found in East Washington), would be unfairly penalized by being required to improve their existing facilities in conformance with the Building, Fire, and Zoning Code for operations already permissible in the existing Zoning code. For that reason, the Planning Commission recommended striking the language related to art galleries from the proposed text amendments. As a practical matter, however, all businesses must comply with Building, Fire and Zoning Codes in order to be granted a special event permit.
DISCUSSION
Definitions:
An Event Center is most closely related to indoor amusement/entertainment facility use in the City's Permitted Use List, Section 17.220.015, Table 2-5 of the Zoning Code. While an Event Center is similar to this use, it has other characteristics that should be recognized in the following proposed and revised definition:
Event Centers. Establishments providing indoor amusement/entertainment services for a fee or admission charge, or renting space for private events. This includes, but is not limited to, ice skating and roller skating, batting cages, pool and billiard rooms as primary uses, bowling alleys, and special event centers/banquet halls.
Proposed Regulations:
Staff proposes slight modifications to the existing regulations for event center type uses.
Table 1: Municipal Code Permissions by Commercial Zone
Zone
CN
CG
CC
CD
CRR
CRB
Event Centers
-
P
P
P
P
-
Event centers would continue to be allowed by-right in commercial zones; however, the use would continue to remain prohibited in neighborhood commercial (CN) zones, which are intended to serve the daily needs of nearby residents, and in the Business Park (CRB) zone, which is intended for large scale offices and business park developments.
Table 2: Municipal Code Permissions by Industrial Zone
Zone
IL
IG
Event Centers
CUP AUP
CUP AUP
In industrial zones, Event Centers would be allowed by Administrative Use Permit (AUP) as opposed to the current requirement for Conditional Use Permit (CUP). Conversion of industrial space to a more intensive use generally has several concerns including the capacity of the building and parking; however, requiring CUP poses monetary and procedural barriers to a use that should be encouraged due to its potential to revive older industrial areas to new uses. Approval by AUP would still require compatibility review by Planning staff and notification to the public. Any AUP decision could be appealed to the Planning Commission for further review. By requiring AUP review of any project, staff will have the ability to ensure that any proposed use will be reviewed to ensure neighborhood compatibility while still allowing for an expedited process.
Event Center Standards:
Event Center development standards would be added to the Temporary Use, Special Event, and Temporary Event Permit provisions of the Zoning Code to include the following.
- Conformance with all applicable to Building and Fire Code requirements for assembly uses including, but not limited to, egress, seismic retrofitting, and restrooms.
- Provision of off-street parking in accordance with Chapter 17.320 for this Title.
- Conform with the following public health, safety, and welfare standards:
o When abutting residential uses or zoning, delivery and retrieval of event materials/props and set-up and take-down operations shall occur only between the hours of 8am to 8pm Monday through Friday and 9am to 8pm Saturday and Sunday.
o Event staff shall monitor vehicle parking and retrieval to ensure there is no excessive noise before, during, or after events.
o Event staff shall instruct event goers to remain respectful of nearby residential areas and signage shall be clearly and conspicuously posted and maintained in parking areas with the following wording: "Event Guests and Event Staff, please remain respectful of nearby residential and commercial neighbors; refrain from making loud noises, playing music at high volumes, and accelerating vehicle engines. Thank you for your cooperation."
o Event staff shall utilize at least one 3-yard plastic recycle bin and one 3 -yard plastic refuse bin, which must be located and filled within the interior of the Event Center building. After each event, all bins must be located on the outside of the Event Center Building for City trash pick-up operations.
o All events and event-related activities shall occur within the interior of the Event Center building. No event-related activities or storage of event materials/props shall be permitted exterior of the Event Center building.
Parking:
Indoor Amusement/Entertainment Facilities are currently parked at one (1) parking space per thirty-five (35) square feet of gross floor area; Event Centers are proposed to be parked at this requirement. Table 2 below identifies nearby jurisdictions with similar or slightly less restrictive parking ratios for the same or similar uses and suggests that the Culver City parking requirement is generally consistent with the requirement applied in surrounding cities.
Table 2: Extra-Jurisdictional Parking Requirements
City Parking Standard_________________________________________
Culver City One (1) space for each thirty-five (35) square feet
Hermosa Beach One (1) space for each seventy-five (75) square feet
Torrance One (1) space for each thirty-five (35) square feet
Long Beach One (1) space for each fifty (50) square feet
Burbank One (1) space for each 28.6 square feet
Gardena One (1) space for each thirty-five (35) square feet
Downey One (1) space per five (5) persons based on maximum occupancy load
Existing Uses
Three existing uses which have become de-facto Event Centers (Mophonics, Unici Casa, and Smashbox) are all located in industrial zones. Typically, industrial buildings that house de-facto Event Centers do not meet Building Code standard for assembly uses. While some of these buildings may currently meet assembly uses requirements, all converted industrial spaces which sought to become an Event Center will need to be brought into compliance with Building Code assembly use standards to continue operating and receive an after-the fact, permit to operate as an Event Center.
The buildings will also need to come into compliance with the Zoning Code where applicable. Parking requirements pose the largest challenge for the proposed uses as industrial uses are generally parked at a much less intensive parking standard compared to assembly uses. Where on-site parking is inadequate to meet code requirements, Zoning Code Section 17.320.025 allows for off-site or shared parking if the additional parking is within 750 feet legal walking distance from the subject property and any applicable studies are conducted.
CONCLUSION
Event Centers are common in many jurisdictions. A few businesses have been operating as Event Centers in Culver City, though the Culver City Zoning Code has not been clear on regulation of the land use and has few regulatory standards. The proposed language will help classify the use and make the approval and monitoring process easier for the City and help ensure adverse impacts on surrounding neighborhoods are appropriately mitigated.
ENVIRONMENTAL DETERMINATION:
Pursuant to Section 15061(b) (3) of the California Environmental Quality Act, the proposed Zoning Code Text Amendment (P2018-0191-ZCA) is considered exempt because it can be seen with certainty that there is no possibility that the Project to amend the Zoning Code will have a significant effect on the environment. The Project by itself, does not result in any physical changes in the environment because it will only amend the Zoning Code to clarify regulatory standards for special events, and does not result in an intensification of development beyond what the Zoning Code already currently allows.
FISCAL ANALYSIS
There are no fiscal impacts related to this item.
ATTACHMENTS
1. Proposed Ordinance No. 2018- and Exhibit A: Proposed Zoning Code Text Changes in "strikethrough/underline" format
MOTION
That the City Council:
Introduce the proposed Ordinance, approving Zoning Code Text Amendment P2018-0191-ZCA related to event centers.
NOTES
1. The businesses most closely associated with these uses are Unici Casa (9461 Jefferson Boulevard), Mophonics (11260 Playa Court), and Smashbox (8549 Higuera Street).