TITLE
Recommendation to receive a report and approve the recommended revisions to the Downtown Dining and Entertainment District (District) outlined in Exhibit B; and
Request City Attorney to draft an ordinance amending Title 5 of the Long Beach Municipal Code (LBMC), related to the District, and amending Title 21 of the LBMC related to the definition of nightclubs. (District 2)
DISCUSSION
The Downtown Dining and Entertainment District (District) consists of the area bounded by the north side of Ocean Boulevard, the south side of Third Street, the east side of Pacific and the west side of Long Beach Boulevard, and the areas known as the Pike at Rainbow Harbor and Shoreline Village (Exhibit A - District Boundaries). In 2005, the City Council authorized a pilot program in the District to develop consistent hours and operating conditions for businesses requesting an entertainment permit. In December 2008, the District was established on a permanent basis.
On August 13, 2013, the City Council directed the City Attorney to draft an interim ordinance pursuant to LBMC Chapter 21.50 ("Interim Prohibition of Uses") initiating a moratorium against the issuance of entertainment permits in the District for businesses under a Type 48 Alcoholic Beverage Control (ABC) license for a period of one year. The City Council directed the City Manager, along with the Department of Development Services and the Planning Commission, to conduct an evaluation of the policies governing the issuance of entertainment permits in the District during the one-year moratorium. Council requested that the City Manager involve downtown stakeholders in the review process. On August 12, 2014, the City Council extended the moratorium for six-months to allow the downtown stakeholders to complete a public engagement process regarding proposed recommendations.
Following Council direction, the City Manager assembled a diverse task force of downtown stakeholders (task force) to evaluate the current policies and recommend changes. Task force members submitted applications and were selected based on a mix of criteria, including demonstrated commitment to downtown Long Beach, professional expertise, and familiarity with the downtown entertainment issues. The task force members include business owners, downtown residents, and property owners.
During the moratorium, the task force met regularly to consider adjustments to the District policies that would continue to promote a vibrant and dynamic downtown. The task force sought to balance the needs of a variety of users. In particular, the task force wished to stimulate business activity and incentivize entertainment venues to operate downtown, while also encouraging residential development in the District. City staff facilitated meetings and participated throughout the process.
Working together with staff, the task force held two public forums in August and October 2014, in order to inform the community of the proposed changes and to ensure that everyone had an opportunity to comment on the proposal. In addition, the public submitted comments via e-mail. After each forum, the task force met to consider how to best incorporate the feedback into the final recommendations. Staff also met with the Executive Committee of Downtown Long Beach Associates on two separate occasions throughout the process.
The task force last met on November 12, 2014 and came to consensus on the recommendations. A summary of those recommendations are attached (Exhibit B). In conducting a review of the LBMC, it became apparent that a definition of "nightclub" was needed in Title 21 (Zoning Code). Therefore, on November 20, 2014, the Planning Commission held a public hearing and adopted a definition of "nightclub". The City Council will consider adoption of this definition, which would be applicable citywide, when it considers amending Title 5 for the District.
The task force and City staff believe the recommended policies enhance the District and provide a platform that will encourage continued business development while diminishing quality of life concerns from residents.
This matter was reviewed by Deputy City Attorney Amy R. Webber on November 18, 2014 and by Budget Operations Officer Grace Yoon on November 17, 2014.
TIMING CONSIDERATIONS
The moratorium on Type 48 ABC licenses in the District expires on February 7, 2015. Council action is requested in order to prepare the ordinance, conduct the hearing, and adopt and implement the ordinance before the moratorium expires.
FISCAL IMPACT
The proposed action in Exhibit B recommends a requirement for nightclubs to obtain a Conditional Use Permit (CUP) and an Entertainment Permit in accordance with the Downtown Plan. The fees associated with these permits will cover the City's cost to issue the permits. In addition, it is recommended that the CUP fee for the one existing nightclub in the District be waived. With the waiver of this CUP fee, plus environmental clearance (approximately $9,256), the City will not collect this one-time revenue due to the Development Services Fund (EF337), however, this will not impact the Fund's ability to cover the expense.
The proposed action recommends establishing a Noise Study Exemption Request and a Noise Study Exemption Hearing, with associated fees to cover the processing costs. The establishment of these fees will require an amendment to the City's fee schedule and will be presented to the City Council in March of 2015. Approval of this recommendation will provide continued support to the local economy.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
AMY J. BODEK
DIRECTOR OF DEVELOPMENT SERVICES
JOHN GROSS
DIRECTOR OF FINANCIAL MANAGEMENT
APPROVED:
PATRICK H. WEST
CITY MANAGER