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HomeMy WebLinkAbout2013 ORDINANCE NO. 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A DIVISION 7 TO PART 1 OF CHAPTER 4 OF ARTICLE VI REGARDING OUTDOOR ENTERTAINMENT EVENT PERMIT REQUIREMENTS AND REGULATIONS AND PROVIDING FOR REPEAL ON OCTOBER 1, 1995 WHEREAS, the facility commonly known as the Santa Anita Race Track (SART) currently accords admission for various outdoor events including horse racing, non-profit festivals and fairs, and special equestrian events such as the 1984 Olympics; and WHEREAS, throughout its history, the primary use at SART has been seasonal horse racing; and WHEREAS, events at SART frequently involve the attendance of several thousand persons, sometimes in excess of 50,000; and WHEREAS, the configuration of the SART facility includes seating and the ability to conduct various outdoor activities including entertainment; and WHEREAS, SART has not been designed or utilized on a regular basis for musical entertainment activities; and WHEREAS, Arcadia is primarily a residential community with homes in the general area of SART; and WHEREAS, the purpose of this ordinance is to maintain the character of Arcadia which includes protection of the well being, tranquility and privacy of the home; and WHEREAS, the potential scope and "outdoor" exposure of events at SART distinguishes that site from indoor facilities and creates special concerns, particularly with regard to potential noise and 1 2013 its effect on the community; and WHEREAS, it is important for Arcadia to seek a balance between the allowance of certain permitted uses in the community, and the benefits that can accrue to the City through such uses, and preservation of the health, safety, and welfare of neighboring residential areas; and WHEREAS, SART and their promoters have committed to present what they define as "family oriented entertainment" and not to present what is generally referred to as "rock concerts"; WHEREAS, in order to accomplish the goal and purpose set forth herein, and in view of the entertainment activities to become a permitted use at SART through Text Amendment No. 94-002 (Arcadia Municipal Code section 9273.1.15), these special permit requirements are necessary and must be complied with as a condition of any permitted use pursuant to Text Amendment No. 94-002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. A Division 7 to Part 1 of Chapter 4, Article VI is hereby added to the Arcadia Municipal Code to read as follows: DIVISION 7 OUTDOOR ENTERTAINMENT PERMIT 6417. PURPOSE AND FINDINGS. As set forth in the preamble portion of the Ordinance, the purpose of this Division of the Municipal Code is to accord a major outdoor facility with significant space and value to the community, the opportunity to conduct certain entertainment type events as defined as authorized 2 2013 by Text Amendment No. 94-002 (AMC 9273.1.15), subject to the attainment of a special permit and compliance with the following Code sections which are necessary to allow these uses in view of the unique outdoor characteristics of the contemplated events and the need to protect the health, safety and welfare of the community, and specifically the neighborhoods surrounding the entertainment site in the S-l Zone, consistent with the following findings: a. Historically, the primary use of SART is seasonal horse racing. These permit requirements and related zone use changes are promulgated in recognition of the continuance of this use with a reasonable transition and accommodation to additional uses that enhance the current under-utilized status of SART property with uses that are consistent with the capabilities of that property, and not inconsistent with the residential qualities that are an integral part of Arcadia's community character. b. The primary control that is necessary to allow certain entertainment events at SART relates to noise. In this regard, the City codes and regulations applicable to this subject make no reference to content and are promulgated as content neutral. c. The City determines that noise regulations and controls are to create a situation that allows sound that is satisfactory to the audience in attendance at entertainment events without intruding on residential neighborhoods. d. Outdoor concerts have been the source of problems throughout their history including disturbance to neighborhoods, 3 2013 frustration to entertainment event audience attendees and performing artists. These problems have been adequately addressed by reasonable governmental controls seeking a workable balance amongst these interests and enhanced by full cooperation between the participants and regulators. e. Amplified noise is part of the current operation of SART with regard to certain events including horse racing. The goal of this Code and related regulations is to assure retention of the character of the community in view of amplified sound concomitant to entertainment activities. f. City goals are to provide the best sound for all events and to insure appropriate sound quality balanced with respect for nearby residential neighborhoods. g. City sound amplification provisions and management shall not sanction inadequate sound systems or vary sound quality or volume based on the message being delivered by performers. City shall assure sound amplification sufficient to reach all listeners within the defined concert grounds. h. City shall promulgate and apply all ordinance and regulation provisions applicable to noise controls in a manner that does not cause prior restraint on the content of any entertainment event, nor in any way effect the message of the performance. i. SART officials and entertainment promoters associated with SART have acknowledged the purpose and goals set forth herein, the contemplated techniques and management of noise controls to be applied, and the time duration of this ordinance with the full 4 2013 understanding that no vested rights or a continuation of entertainment event permits shall accrue to them or other interested parties, and that the renewal of any permit procedures is totally within the discretion of the Arcadia City Council. j. SART and their promoters have committed to a certain type of programming that is generally described as family oriented as opposed to what is generally termed "rock concert". It is acknowledged that this commitment was not imposed by Arcadia and the City government is not imposing content related provisions to specify forms and types of entertainment. k. In relation to finding (j), it is determined that the nature of SARTs proposal was related to approval of the land use additions to the S-l zone as set forth in Ordinance No. 2011 adding outdoor entertainment events as a permitted use in that zone. It is further determined that for purposes of the transitional nature of the new use, the pilot program nature of this use as sanctioned by the sunset clause provisions, and the need to balance the needs and goals of SART with those of the community, adherence to SARTs commitment as to the type of entertainment is an integral part of the new land use and therefore the requirements of the permit process. 6417.1. DEFINITION AND APPLICATION. Event shall be a specific program, show, concert, performance, festival or similar occurrence. outdoor entertainment events shall include any entertainment oriented event held at the Santa Anita Race Track open to the general public and held when on premise horse racing is 5 2013 not in session. Events must be a permitted use according to the zoning regulations of the property as defined in Arcadia Municipal Code sections 9273.1.14 and 9273.1.15. No use as set forth is permitted unless there is compliance with all of the provisions of this Division 7. Permittee shall include Santa Anita Race Track, and the promoter-producers of a specific event. 6417.2. PERMIT REQUIRED. APPLICATION/CITY COUNCIL REVIEW. Every separate outdoor entertainment event shall be held and open to the general public only with an approved Outdoor Entertainment Event Permit issued by the city of Arcadia for that event. Subject to the requirements set forth below, Outdoor Entertainment Event Permits for the Santa Anita Race Track property shall be issued by the Business License Officer upon approval by the City Manager, who can condition any approval. Before granting a permit to conduct a outdoor entertainment event at the Santa Anita Race Track property, the city will evaluate the complete application to assure that the event will not be detrimental to public health, safety and welfare. The City may establish any conditions to the issuance of the permit, in addition to the conditions set forth below, which are deemed reasonably necessary to protect the public health, safety and welfare. Upon receipt of all information necessary to process an outdoor entertainment permit application, it shall be transmitted to the City council, and placed on the next Council meeting agenda under City Manager for purposes of review and comment, including review and direction with regard to the conditions imposed by 6 2013 staff. Consistent with the pilot program goals, all events recommended. for approval by staff shall proceed with whatever recommendations are added by Council, if consistent with applicable ordinance requirements. However, if Council as a body through majority vote expresses a negative view of the particular permit, such vote shall be noted for purposes of the official record upon future consideration of the continuation or repeal of the land use change and permit ordinance authorizing outdoor entertainment activities and permits at SART. 6417.2.1. COMMUNITY PARTICIPATION PROCESS. Prior to the granting of any Outdoor Entertainment Permit, staff shall provide written materials related to the application to interested neighborhood representatives, and conduct a noticed public meeting with the neighborhood to receive their views, and input with regard to noise, traffic, site regulations, and other related permit factors. Representatives of all involved City departments including the Police shall participate. Notice shall include specific letter notice to those individuals who addressed the City Council at the public hearings on this ordinance at the meeting of June 21, 1994, plus published notice in the local newspapers, and at least one posting in the neighborhoods represented by those speaking at the referred to Council meeting. In addition, notice shall be mailed to property owners within 1,000 feet of the boundaries of SART. 7 2013 6417.3. HOURS, DURATION, NUMBER OF EVENTS. TYPE. Entertainment events as authorized by Arcadia Municipal Code sections 9273.1.14 and 9273.1.15 and as defined in section 6417.1 are sUbject to the following permit requirements: a. In no case shall there be in excess of thirty (30) event days per year. The yearly period shall commence upon the effective date of this ordinance and terminate on October 1, 1995. b. Weekday events are those that fall between 6:00 p.m. on Sunday and 6:00 p.m. on Thursdays, excluding holiday weekend Mondays that are National legal holidays. No weekday events shall occur beyond the time frames set forth in this Section, except for three (3) days to be designated by permittee on which days the time limit applicable to weekend events shall apply. c. Weekend events shall include Friday and Saturday events plus Sunday when Monday is a national legal holiday. These events shall be conducted between the hours of 9:00 a.m. and 11:00 p.m. d. Conduction during the above permitted hours means that no aspect of the entertainment activity and/or performance itself including noise attributable to the specific activity shall occur before or after the prescribed times. e. Those events conducted at SART by non-profit organizations as defined at Arcadia Municipal Code section 9273.1.14 shall not be counted as part of the day requirements set forth above. In all other respects, the provisions of this ordinance shall apply to approved non-profit organization events, 8 2013 unless exempted by the City Manager upon a showing of good cause. f. Consistent with the specific commitment of SART and their promoter, they shall submit at the earliest time possible prior to the granting of any permit, a complete list and description of each and every event that they contemplate for scheduling during the ordinance period. This submittal shall be to determine consistency with the commitment for family oriented entertainment as opposed to what is generally described as "rock concerts". Based on the fOllowing special finding, it is acknowledged that the City's intent is not to impose specific definitional criteria to musical products or entertainment. 1. Finding and City Determination/Indemnity: Santa Anita is not a traditional outdoor entertainment forum for the events that are contemplated by the land use amendment approved by the City Council. It was not built or designed for that purpose. Surrounding neighborhoods were constructed and inhabited, partly in consideration of SARTs long history as a seasonal horse racing site. Accordingly, in recognition of changing trends and the needs of SART, their significant investment and the under-utilized status of subject property, they requested a text amendment to the Zoning Code to expand their uses on an experimental basis before adoption of a permanent ordinance. In recognition of these and other factors set forth in this Ordinance, and in view of the types of problems that can evolve from the contemplated uses such as excessive noise, crowd control problems, traffic, and potential law enforcement problems, all of which have been documented throughout 9 2013 the united states, SART has committed to forms of entertainment that best meets these goals. Accordingly, they will abide by any determination by city that a submitted entertainment request is not eligible for the application process. This includes their commitment to hold Arcadia harmless, and to defend and indemnify the City, its officers, agents, and employees, from any action that arises out of such a determination. 6417.4. TRAFFIC. The Arcadia Police Department will evaluate the application submitted for all "events" and apply any necessary regulations and traffic control requirements. No outdoor entertainment event permit will be issued without review and approval from the Arcadia Police Department for traffic control with written concurrence by the permittee with regard to applicable conditions. 6417.5. VENDING. All business activity of vending and/or offering for sale, merchandise, souvenirs, drinks, food and services will require a business license according to section 6211. Fees for business license are based on Part 2, sections 6220 through 6220.47. All food vendors will display a valid Health Department certificate. 6417.6. NOISE, REGULATORY GUIDELINES AND PERFORMANCE AGREEMENT. Permittees shall acknowledge on the permit form their understanding that the previous exemption of city noise requirements for amplified sound in the S-l Zone as set forth at Arcadia Municipal Code section 4620.1 has been repealed and that other sections have amended the City Noise Code all of which are 10 2013 affixed to the permit as part of the conditions of such permit. "Sound" regulations shall be prepared by the City Manager and City Attorney with approval by the City Council to supplement and implement the provisions and goals of this ordinance. They shall include sound control guidelines to administer and manage all aspects of noise/sound controls and management. Additionally, permittee shall as a condition precedent to the granting of an outdoor entertainment permit, execute a Performance Agreement in a form as approved by the city Attorney to commit to the following: a. The city Manager shall appoint a Noise Monitor (sound technicians or technicians) to act as its direct agent for purposes of noise control on the premises of the permittee. Permittee shall fund the cost of the monitor, shall allow the monitor full access to the applicable sound system (including sound or mixing board) with the right and ability to control same, subject to the following: (1) Noise Ordinance regulations. Control shall relate to violations of the City including the nuisance provisions and sound (2) The City, its officers, agents, and employees shall be held harmless by permittee with regard to any losses, claims, suits or liability that arise out of the actions of the City Noise Monitor, and shall agree in writing to the satisfaction of the city Attorney to indemnify the City with regard to any such actions. 11 2013 b. Permittees shall provide City with a Staging Plan at least thirty (30) days in advance of the event. This Plan shall show the location of the stage or performance area, and details of the sound system and amplification to enable review by the City Noise Monitor. Permittees shall review this plan with the city and adhere to reasonable conditions as recommended by the City with regard to noise mitigation in relation to the Staging Plan. These conditions may include, but are not limited to, the location of the performance area, the location and/or utilization of sound mitigation structures or devices, and configuration of the stage and program area. c. permittees agree to allow Arcadia Police personnel as designated by the Chief of Police to have full access to the property to assist the City Noise Monitor. d. Permittees agree to pay for or provide whatever communication, devices, aides, and equipment and instruments that may be necessary to effectively monitor and control the noise system as prescribed by the City. e. Permittees shall agree to cooperate in good faith with the City and to abide by any other reasonable conditions for noise control as may be set forth in the Performance Agreement. f. Compliance with sub-sections a through e above is required regardless of whether a Performance Agreement is executed. violation is subject to the following section 6417.7 and 6417.8. 12 2013 6417.7. PENALTIES. MISDEMEANOR VIOLATIONS. For every violation of the city Noise Ordinance or the provisions of this Code, permittees shall pay a penalty of One Thousand Dollars ($1,000.00) to the City. Prior to imposition of any such penalty, City shall give specific notice of the violation to permittees who shall have the right to appeal the penalty to the City Business License Review Board, which Board shall hear the appeal and make a recommended decision to the City Manager. Nothing in this Section shall preclude additional fines or penalties that arise out of any legal action taken by the City or preclude the city from recovering the above penalties in a civil action. Violation of any Section of this Ordinance shall constitute a misdemeanor. 6417.8. SUSPENSION/REVOCATION OF PERMIT - CONDITIONS. Any violation of this Ordinance, the City's Noise Ordinance or the Performance Agreement or related provisions is cause to suspend or revoke any permit upon the service of written notice to permittee or permittees' agent. For purposes of such notice, service on any employee or agent of permittee shall suffice. Officer or designee shall suffice. A list of such officers and their designees shall be submitted to City in advance of any permitted event. Any documented problem as determined by the City Manager or the Manager's designee shall justify the imposition of new or revised conditions applicable to any event for which a permit has already been issued, or any future event at which the city Manager 13 2013 or his designee determines that similar problems may arise. 6417.9. APPLICATION PROCESS, FEES AND DEPOSIT. Each separate entertainment event as defined by the above Code sections shall require a separate application and permit. Each application for which a permit is required shall be accompanied by the payment of One Thousand Dollars ($1,000) for processing the application, plus the following deposits: a. One Thousand Dollars ($1,000.00) to be applied as a deposit to cover the costs of the Noise Monitor. Permittees shall be responsible for costs incurred by the city with regard to the Noise Monitor. b. One Thousand Dollars ($1,000.00) to be applied as a deposit towards the cost of any equipment, or other special needs of the city in relation to noise monitoring, that are not otherwise provided. c. Records of the above costs shall be maintained by the City and shall be reviewable by permittees who shall be fully responsible for all costs incurred in excess of the deposits and shall be entitled to a refund of those portions of the amounts deposited not utilized for the applicable costs. 6417.10. APPLICATION AND EXPIRATION OF ORDINANCE. The terms and provisions of this Ordinance (Sections 6417 through 6417.9) shall be of no force and effect as of October 1, 1995 at which time sections 6417 through 6417.9 are repealed. As of October 1, 1995, Arcadia Municipal Code section 9273.1.15 will no longer be in effect and therefore neither outdoor entertainment events or 14 2013 permits related to same will be authorized or permitted. Consistent with this section, no permit shall be granted prior to expiration of this Ordinance that authorizes an "event" after said expiration date. The provisions of this Ordinance shall remain in effect only until October 1, 1995, unless a later enacted ordinance deletes, amends, or extends such date. SECTION 2. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 5th day of July , 1994. 7J2uA-yd fd~ ~ayor 0 the ty of cadia ATTEST: ci J of Arcadia APPROVED AS TO FORM: Jrg~ f~er 1IJ~ City Attorney 15 2013 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2013 was passed and adopted by the city Counc~l of the City of Arcadia, signed by the Mayor and attested to by the city Clerk at a regular meeting of said Council held on the 5th day of July, 1994 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young NOES: None ABSENT: None J cit 16 2013