Use Permit Live Music 01-06-15

F CITY OF CARMEL-BY-THE-SEA

Council Report

January 6, 2015

To: Honorable Mayor and Members of the City Council Douglas J. Schmitz, City Administrator From: Marc Wiener, Senior Planner

Subject: Consideration of a Use Permit (UP 14-19) application to allow live music from the commercial building (Event Center) located at the southeast corner of Dolores and 7th Avenues. The applicant is C Pines7, LLC.

RECOMMENDATION: Approve the Use Permit (UP 14-19) application to allow live music subject to the attached findings and conditions. EXECUTIVE SUMMARY: The project site is a 16,000-square foot property located at the southeast corner of Dolores Street and Seventh Avenue. The site is developed with two commercial buildings that are a combined 5,357 square feet in size. On August 6, 2013, the City Council approved a Use Permit (UP 12-20) application to allowing the building to operate as a venue for special events and providing for off-site parking for the venue. Municipal Code Section 17.68.030 classifies the use as a community center, which is defined as “any public, private, commercial, or nonprofit facility established to provide social, educational, recreational, or cultural programs, meetings, or lectures, or similar activities.”

Staff notes that community centers are a permitted use in the Central Commercial Zoning District; however, a Use Permit was required to allow off-site parking for the community center use. The approved hours of operation are from 8:00 a.m. to 10:00 p.m., seven days per week. The maximum allowed occupancy for any event is 194 people. The original Use Permit conditions of approval are included as Attachment 5.

The building has been under construction for approximately 12 months and was recently issued a Certificate of Occupancy by the City. The applicant (C Pines 7, LLC) is requesting approval of a Use Permit (UP 14-19) to allow live music to be played from within the main building, during the normal business hours of 8:00 a.m. to 10:00 p.m. daily. The project description provided by the applicant, included in Attachment 3, indicates that all types of music performances would be offered, consisting of both acoustic and amplified music. A floor plan is included depicting that the music stage would be located at the northwest corner of the building. The project description does not indicate what types of events would include live music. However, the applicant has indicated an intent to have live music in association with wedding receptions.

Agenda Item: 9.C Page 1

City Council Meeting of January 6, 2015 Page 118

Two Planning Commissioners recused themselves from applications involving this facility. One owns property within 500 feet of the project site and the other has stated a conflict of interest. The Planning Commission Rules of Procedure states that four members are required to make a quorum when voting on a Use Permit. Because only three Commissioners would have been able to participate, this Use Permit application has been referred to the City Council for consideration. Staff notes that the original Use Permit (UP 12-20) was also reviewed by the City Council due to a conflict of interest for two of the Planning Commissioners.

ANALYSIS/DISCUSSION:

Noise Sensitive Use and Evaluation

Pursuant to Carmel Municipal Code Section 9.16.030, the applicant has submitted a Noise Management Plan including a site map identifying noise-sensitive land uses within 200 feet of the project site. The majority of the near-by uses are commercial; however, there are several residential uses within the 200-foot perimeter, including the adjacent apartment building located directly east of the project site. In addition, the building located across the street from the project site, on the north side of Seventh Avenue, includes a second-level apartment, as well as the building directly south of the project site.

The applicant has prepared a Noise Management Plan, which includes mitigation measures for control of noise levels (refer to Attachment 4). The Noise Management Plan indicates that events will be staffed and monitored by a qualified sound technician to ensure that compliance with the City's noise regulations. The plan indicates that when third-party equipment is used, the staff will continually monitor noise levels internally and at the property lines. Staff notes that the allowed noise limit for live music is 55 decibels (dBA) as measured at the property line boundaries (CMC Section 9.16.035).

A study was conducted by the applicant evaluating the anticipated noise levels at the property lines. The study indicates that when the noise level reaches 85 dB within the interior of the building, the decibel level will be approximately 55 dB on the exterior of the building. This study was conducted with the emergency doors closed and the entrance doors open. The applicant has indicated that in addition to having staff monitor events, the sound system has been programmed to maintain sound levels at 85 dB from within the interior of the building to control noise levels.

Event Dancing

Carmel Municipal Code Section 9.16.010 states that: "Except as provided in CMC 9.16.030 and 9.16.050, it is unlawful for any person to conduct or maintain or permit to be conducted or maintained public dances or any form of entertainment in or on any premises where alcoholic beverages are sold and served to the public within a period of time starting four hours before the commencement of such dance or entertainment, and ending at 2:00 a.m. of the next calendar day following the commencement of such dance or entertainment."



Staff notes that wedding receptions or private events are likely to include dancing. The City's Municipal Codes places restrictions on dancing as noted above; however, these restrictions apply to dancing at "public" events and not private events.

Staff Recommendations

Staff recommends that the City Council approve the Use Permit (UP 14-19) application to allow live music. Draft Findings for Approval and Conditions of Approval are included as Attachments 1 and 2 respectively. The following section includes an analysis of the project conditions.

Enforcement: With regard to monitoring and enforcement of noise levels, a condition has been drafted requiring events to be staffed and monitored by a qualified sound technician to ensure that compliance with the City's noise regulations. With regard to enforcement, staff notes that pursuant to CMC Section 9.16.030.B.3, “any three violations within any 12-month period shall require revocation of the use permit by the Planning Commission.” A condition has been drafted to include this requirement. In addition, a condition has been drafted that an update on the Use Permit be provided to the City Council six to 12 months from the date of approval.

Hours of Operation: The City's Municipal Code restricts live music between the hours of 12:00 p.m. to 10:00 p.m. and states that “the Planning Commission may establish fewer hours to address specific circumstances unique to each site and permit.” The building is required to close at 10:00 p.m. and hence the playing of live music should end at a minimum of 15 minutes before this time to ensure compliance with the allowed hours of operation. A condition has been drafted permitting live music between the hours of 12:00 p.m. to 9:45 p.m. In addition, a condition has been drafted limiting the duration of live music to no more than four hours in any one calendar day. The purpose of this restriction is to mitigate potential impacts to neighboring properties.

Types of Events: The applicant has not indicated what types of events would include live music. A condition has been drafted that live music be ancillary to the primary activity and that events including live music or dancing must be private events. This condition prohibits music-related activities such as concerts or pay-at-the-door music events.

Types of Music: The project description provided by the applicant, included in Attachment 3, indicates that all types of music performances would be offered, consisting of both acoustic and amplified music. The City's Municipal Code does not prohibit amplified music, but it does place limitations on the noise levels and hours that music can be played. Staff could support the request for amplified music as conditioned, to ensure that the music does not exceed 55 dBA at the property lines. The Council should discuss the applicant's request for amplified music.



Alternative Options

Alternative 1: In approving Use Permit (UP 14-19) to allow live music, the Council may include additional or revised conditions of approval to address issues such as allowed hours, types of music, and types of events.

Alternative 2: The Council could deny the Use Permit (UP 14-19). Findings for Denial of the Use Permit would be brought to the Council at a future meeting for adoption. Environmental Review

The application qualifies for a Class 3 Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. Class 3 exemptions include projects involving limited new construction projects and conversion of small structures. A Noise Management Plan was prepared with measures to avoid significant noise impacts. The proposal for live music does not present any other unusual circumstances that would result in a potentially significant environmental impact.

FISCAL IMPACT:

The City collects a fee of $785.30 Use Permit application fee. This fee defrays some of the staff time costs for processing the Use Permit, and staff costs beyond the appeal fee are paid out of the City’s General Fund.

Budgeted (yes/no) Funding Source( general fund, grant, state)

Yes Use Permit Fee and General Fund PREVIOUS COUNCIL ACTION/DECISION HISTORY:

On August 6, 2013, the City Council approved a Use Permit (UP 12-20) application to allowing the building to operate as a venue (community center) for special events with off-site parking. ATTACHMENTS:

Attachment 1 – Findings for Approval

Attachment 2 – Conditions of Approval

Attachment 3 – Project Description

Attachment 4 – Noise Management Plan and Acoustic Evaluation

Attachment 5 – Use Permit (UP 12-20) Conditions of Approval

Attachment 6 – Municipal Code Chapter 9.16




APPROVED:

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Date: J~ .A=:<: . I£


CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

FINDINGS FOR APPROVAL

UP 14-19 C Pines 7, LLC Southeast corner of Dolores and Seventh Avenues Block: 91 Lots: 2, 4, 6 & 8 APN: 010-145-020 CONSIDERATION: Consideration of a Use Permit (UP 14-19) application to allow live music within the commercial building (Event Center) located at the southeast corner of Dolores and 7th Avenues. The applicant is C Pines7, LLC. FINDINGS OF FACT: 1. The applicant, C Pines 7, LLC, submitted a Use Permit (UP 14-19) application to allow live music

on November 21, 2014, and provided revised application materials on December 16, 2014.

2. The project site is 16,000-square foot property located at the southeast corner of Dolores and Seventh Avenues, in the Service Commercial (SC) Zoning District. The site is developed with two commercial buildings that are a combined 5,357 square feet in size.

3. On August 6, 2013, the City Council approved a Use Permit (UP 12-20) application for the subject property (APN: 010-145-020) to allowing the building to operate as a venue (community center) for special events with off-site parking. The live music permitted under Use Permit (UP 14-19) would be in association with the special events.

4. Carmel Municipal Code Section 9.16 establishes the standards for live music where alcoholic

beverages are sold or served. The use permit is being issued under Live Music Ordinance (CMC 9.16), which was adopted by the City Council on July 2, 2013.

5. The application qualifies for a Class 3 Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. Class 3 exemptions include projects involving limited new construction projects and conversion of small structures. A Noise Management Plan has been prepared by the applicants in accordance with City Municipal Code requirements, and this plan sets forth measures to avoid significant noise impacts. The proposal for live music at the subject location does not present any other unusual circumstances that would result in a potentially significant environmental impact.



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Attachment 1

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UP 14-19 (C Pines 7, LLC) January 6, 2015 Findings for Approval Page 2 FINDINGS FOR DECISION: 1. The proposed use is not in conflict with the General Plan. 2. The proposed use, as conditioned, will comply with all zoning standards applicable to the

use and zoning district. 3. The granting of the Use Permit will not set a precedent for the approval of similar uses

whose incremental effect will be detrimental to the City, nor cause a conflict with the General Plan.

4. The proposed use will not make excessive demands on the provision of public services,

including water supply, sewer capacity, energy supply, communication facilities, police protection, street capacity and fire protection.

5. The proposed use will not be injurious to public health, safety or welfare and provides

adequate ingress and egress. 6. The proposed use will be compatible with surrounding land uses and will not conflict with

the purpose established for the district within which it will be located. 7. The proposed use will not generate adverse impacts affecting health, safety, or welfare of

neighboring properties or uses. 8. The proposed use will contribute to a balanced mix of uses in the downtown.





CONDITIONS OF APPROVAL UP 14-19 C Pines 7, LLC Southeast corner of Dolores and Seventh Avenues Block: 91 Lots: 2, 4, 6 & 8 APN: 010-145-020 AUTHORIZATION: 1. This use permit authorizes live music, amplified or acoustic, to be played within the main

building located at the southeast corner of Dolores and Seventh Avenues as indicated on the January 6, 2015, approved floor plan included in Attachment 3.

2. With this authorization, live music shall be ancillary to the primary activity and events including live music or dancing must be private events. Music-related activities such as concerts or pay-at-the-door music events are prohibited.

3. Live music is permitted to be played between the hours of 12:00 p.m. to 9:45 p.m., seven days per week. Live music is permitted to be played a maximum of 4 hours on any one calendar day.

4. Pursuant to Municipal Code Chapter 9.16, the maximum noise level allowed from live music activities located on the property shall not exceed 55 dBA as measured at any of the property lines.

SPECIAL CONDITIONS:

5. All events involving live music shall be staffed and monitored by a qualified sound technician to

ensure that compliance with the City's noise regulations. A written noise monitoring report shall be prepared by the sound technician for each event. This report shall include the sound levels recorded, times of sampling, and any noted exceedances. These reports shall be maintained by the applicant for a period of at least one year and made available to the City upon request.

6. Three violations within any 12-month period shall require reconsideration and possible revocation or revision of the Use Permit by the City Council.

7. An update on this Use Permit (UP 14-19) shall be provided to the City Council within six to



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Attachment 2

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UP 14-19 (C Pines 7, LLC) January 6, 2015 Conditions of Approval Page 2

twelve months from the date of approval. The permit and its conditions of approval shall be reviewed at that time, and revisions to the live music authorization and the associated conditions of approval may be made at that time. The City Council may also consider revocation of the Use Permit in the event of violations or multiple complaints.

8. A summary sheet of basic Use Permit requirements (allowed days, allowed hours, special mitigations) shall be posted on the premises and shall be available upon request by any enforcement officer of the City. In addition the applicant shall include a summary of the Use Permit’s conditions of approval as an attachment to all contracts with event sponsors or music providers.

9. This Use Permit shall become void and of no further force or effect if the use is not initiated

within six months and/or upon termination or discontinuance of the use for any period of time exceeding six months.

10. Violations of the terms of this Use Permit or other ordinances of the City may constitute grounds for revocation of this Use Permit and the associated business license by the Planning Commission.

11. Upon termination or revocation of this use permit and/or business license for any reason, the use shall immediately cease and shall not be re-established without issuance of a new use permit.

12. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless the City, its public officials, officers, employees, and assigns, from any liability; and shall reimburse the City for any expense incurred, resulting from, or in connection with any project approvals. This includes any appeal, claim, suit, or other legal proceeding, to attack, set aside, void, or annul any project approval. The City shall promptly notify the applicant of any legal proceeding, and shall cooperate fully in the defense. The City may, at its sole discretion, participate in any such legal action, but participation shall not relieve the applicant of any obligation under this condition. Should any party bring any legal action in connection with this project, the Superior Court of the County of Monterey, California, shall be the situs and have jurisdiction for the resolution of all such actions by the parties hereto.

*Acknowledgement and acceptance of conditions of approval. _____________________ _________________ ___________ Applicant Signature Printed Name Date ______________________ _________________ ___________ Property Owner Signature Printed Name Date



UP 14-19 (C Pines 7, LLC) January 6, 2015 Conditions of Approval Page 2 Once signed, please return to the Community Planning and Building Department.





November 21, 2014

Business Name: Seventh and Dolores Southeast Corner of Seventh and Dolores Carmel By the Sea, California 93921

City of Carmel-by-the-Sea Dept. of Community Planning & Bldg. City of Carmel By The Sea, CA

Re: Application for live Music permit

(1) Business Name: Seventh and Dolores Business Owner: Seventh and Dolores Street location: S/E Corner of 7th and Dolores Block: 19 Lot: 20 Property Owner: CPines 7, LLC

(2) Proposed live Music Concept: Types of performances offered:

All How often:

Weekly, plus or minus Proposed hours:

During normal business hours Instruments:

Music including but not limited to: acoustic and amplified music; music used without microphones and with microphones; music used with amplifiers (i.e. guitars} and speakers for overall augmentation of sound.

Vocal accompaniment: Occasionally

Interior or Exterior: Interior only

(3) Sketch Map showing all buildings within 200 feet (labeled and identified): See attached

(4) Floor plan showing seating area, location of live performers, location of doors and

windows. See attached exhibit A1

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(5) Doors open during normal course of business? (Circle one)

Yes-often Yes-occasionally No-never *Doors open only as required for ingress and egress

(6) Regulation of live music activities to avoid impact on noise-sensitive neighboring areas:

live music shall comply with all provisions of the City municipal code.

{7) Results of acoustical evaluation:

Site visit and acoustical analysis conducted with Senior Planner Marc Wiener on November 19, 2014.



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City of Carmel-by-the-Sea Community Planning and Building Live Music Permit Application

Attn:

Cc:

From:

Mr. Marc Wiener Senior Planner

Mr. Rob Mullane Director, Planning and Building Department

Adam Jeselnick Architect

December 17, 2014

Permit#:

Project Name:

UP 14-19

C Pines 7 LLC S/e Corner 7th and Dolores Carmel-by-the-Sea, CA 93921 "Carmel Event Center"

All requested items have been addressed in the below response letter.

Planning Department completeness review.

1. See attached, revised site plan indicating the noise-sensitive uses located within 200' of the project site property boundaries.

2. A noise management plan and acoustical evaulation are included with this re-submittal.

3. A noise management plan and acoustical evaulation are included with this re-submittal.

RECEIVED

DEC I 6 2014 City of Carmel-by-the-Sea Planning i Building Dept.

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Carmel-by-the-Sea, California VICINITY MAP Project Number. 14-Date December16,2014



fR7 MediaSystemsGroup

Saturday, December 06, 2014

City of Carmel P.O. BoxCC Carmel-by-the-Sea CA 93921

RE: Seventh and Dolores Acoustical Study

To Whom it May Concern, Seventh and Dolores event center has contracted Bay Media, Inc. dba Media Systems Group an audio visual engineering and consulting firm to perform an acoustical study as well as an acoustical enforcement plan for the property located on the corner of Seventh and Dolores, Carmel-by-the-Sea, Ca.

I. Purpose

To determine the ability to operate live or recorded music within the city sound ordinance property line decibel level of 55dB.

11. Findings In our study we have used the permanently installed sound system to playback "pink noise" which is essentially a static sound comprised of all frequencies 20hz to 20khz played back at an equal energy level . Utilizing this pink noise we increased to volume within the building to reach a peak level of 55 dB at the nearest property line measured at 5' AFF (See EXHIBIT A and EXHIBIT B) with all emergency doors closed and entrance doors open. Within the interior of the building measured 85dB; this internal volume level of 85 dB has been determined to be more than adequate for the needs of Seventh and Dolores.

Ill. Enforcement The internal sound system has since been programmed to cut off any music or audio (by use of a compressor limiter) if at any point the volume exceeds this noise threshold of 85dB internally or 55dB externally. Additionally these events will be staffed and levels will be measured and monitored by a qualified sound technician.

3rd party equipment for any event will be staffed and monitored by a qualified sound technician with sound meter continuously measuring internal and external decibel levels at the property line. In the event the sound levels exceed the volume thresholds outlined in this document a single power switch has been installed for the managing technician to cut power to all outlets in the vicinity of the performing area.

MEDIA SYSTEMS GROUP DESIGNS, INSTALLS, AND SERVICES PROFESSIONAL AUDIO-VISUAL, SOUND, VIDEO, AND REMOTE CONTROL SYSTEMS



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IV. Site Notes The testing performed within this report were performed on December 6th, 2014 between 8:45-9:30am. Our testing was aborted for several minutes on multiple occasions due to vehicles, parking cars and garbage services producing a constant measurable ambient noise between 66-75dB. For reference in order for the audio system to produce 66dB at the nearest property line point the system would have to produce lOOdB internally far in excess of the needs of Seventh and Dolores.

Sincerely,

Paul Petro Bay Media, Inc. President


Agenda Item

: 9.C

Page 18C

ity Council M

eeting of January 6, 2015 Page 135

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40.0 - A -dB

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Site Average 54.4



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Exhibit A Seventh and Dolores Acoustical Test Results

Internal volume SSdB (See Exhibit B Site Plan)

Property Line - Location A

With Pink Noise SldB

System Off 48dB

Property Line - Location B

With Pink Noise SOdB

System Off 46dB

Property Une - Location C

With Pink Noise 49dB

System Off 46dB

Property Line - Location D


System Off 49dB

Property Line - Location E


System Off 48dB

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With Pink Noise SSdB

System Off SOdB

Property Line - Location G

With Pink Noise 55 dB

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Seconds

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100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 340

Average

Decibel

A-dB

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56.0 57.3 61.8 61.7 53.0 49.9

57.3

B-dB C-dB

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49.0 52.0 44.0 48.0 48.1 51.0 49.2 47.7 48.2 48.7 48.0 49.0

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62.0 53.0 53.4 58.0 48.0

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54.0 48.4 52.1 64.0 49.0

66.9 49.5 49.1 62.0 52.0

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54.4 50.6 62.0 54.0 51.4

59.4 51.3 57.0 52.0 58.0

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Calibration complies with 150/IEC 17025 and ANSI/NCSL Z540-1

Cert No.:4335-5423501 Traceable® Certificate of Calibration for Sound Level Meter

Instrument Identification:

Model: 8331A20 SIN: 130602006 Manufacturer: Control Company

Standard81Equlpment: Descriotion

Sound Level Calibrator Serial Number

980701364 Due Date

1104/14 NIST Traceable Reference

235651 0001 M

Certificate Information: Procedure: CALA335 Technician: 177

Test Conditions: 23.o·c 46.0 %RH 1015 mBar

Calibration Data: (New Instrument) Unit(s) Nominal As Found InTo! Nominal

dB NA 94.2

dB NA 114.5

Cal Date: 10112113 Cal Due: 10/12115

As Left lnTol Min Max :tU

94.2 y 92.2 96.2 1.0

113.9 y 112.5 116.5 1.0

This Instrument was calibrated using Instruments Traceable to Natlonallnstltuta of Standards and Technology.

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Control Company 4455 Rex Road Friendswood, TX 77546 USA Phone 281 482-1714 Fax 281 <481-9448 servlcef!control3.com www.control3.com

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CONDITIONS OF APPROVAL

UP 12-20 Carmel Event Center CPines 7 LLC SE Cor. Dolores & 7th Block 91, Lots 2, 4, 6 & 8 CONSIDERATION: Consideration of Findings and Conditions for the approval of a Use Permit application and certification of a Negative Declaration for the Carmel Event Center Project. SPECIAL CONDITIONS: 1. This Use Permit (UP 12-20) authorizes an event center at the subject property with

additional off-site parking provided by the Carmel Plaza garage and Sunset Center parking lot to be used for special events. Pursuant to CMC Section 17.38.020, the off-site parking identified in the IS/ND shall be committed for the full life of the use. Any change to the terms of this condition shall be cause for the amendment and/or possible revocation of the Use Permit.

2. The applicant shall obtain a business license and certificate of occupancy for the

building. Maximum occupancy shall not exceed the standards in the State Uniform Building and Fire Codes. The maximum occupancy identified in the staff report (194) is a maximum and may be reduced by the Building Official as needed to meet safety standards depending on the floor plan and layout.

3. If the Event Center project is not implemented the pre-committed water will return

to the “Unallocated Reserve” category. Any water not needed for the Event Center project shall be reallocated into the “Unallocated Reserve” category.

4. Hours of operation shall be limited from 8:00 a.m. to 10:00 p.m. seven days per

week. Live music is not permitted without a permit. Recorded or reproduced music shall not exceed 55 db-A as measured at the property line (CMC 9.16.040). Complaints of excessive noise, lighting and other nuisances from the property shall be cause for review of the permit.

5. Retail events lasting longer than one week are prohibited. Business proprietors

renting the space for a special event shall submit an “In-And-About” business license application to the City prior to the event.



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Attachment 5

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Carmel Event Center UP 12-20 6 August 2013 Staff Report Page 2 6. The applicant shall make a schedule of events available to the City upon request

and shall be posted on-line. The City reserves the right to determine whether the scheduled events are consistent with the permitted use of the property and consistent with the zoning code.

7. The applicant shall work with the Carmel Police Department to provide traffic

coordinators for special events. Only trained and qualified law enforcement personnel shall be used for directing traffic. Any law enforcement or specially trained personnel not employed by the City of Carmel shall receive approval by the Carmel Police Department prior to directing any vehicle traffic on Carmel City streets.

8. If the use creates a significant parking and traffic impact to the surrounding

neighborhood, as determined by the City, the Use Permit shall be reviewed by the City Council to address the impact. Amendments may include, but are not limited to, reducing the building occupancy, reducing number of allowed events or amending the parking plan.

9. The use shall be conducted in a manner consistent with the presentations and

statements submitted in the application and at the public hearing, and any change in the use which would alter the findings or conditions adopted as part of this

permit shall require approval of a new use permit by the Planning Commission. 10. This use permit shall become void and no further force or effect if the use is not

initiated within six months and/or upon termination or discontinuance of the use for any period of time exceeding six months.

11. Violations of the terms of this use permit or other ordinances of the City may

constitute grounds for revocation of this use permit and the associated business license by the Planning Commission.

12. All modifications made to the exterior of the building, including but not limited to

paint, window treatments, awnings, paving and landscaping, shall first require written approval by the Department of Community Planning and Building and/or the Planning Commission. All changes shall be minor in nature and shall maintain the architectural language and integrity of the building. No notice-attracting features, such as banners, balloons, streamers, lights, additional signs, or flags shall be installed without written approval from the City.



Carmel Event Center UP 12-20 6 August 2013 Staff Report Page 3 13. Adequate facilities shall be provided on the site for the closed storage of trash and

garbage generated by the use. The on-site storage shall be designed so that the area can be cleaned and the refuse removed without creating a public nuisance and without being placed on the sidewalks or other public ways. If the method of cooking used will generate hot ashes, a storage facility and disposal method shall first be approved by the Fire Department.

14. At least one restroom for each sex shall be available for use within, or

conveniently adjacent to, the specific business premises and on the same property on which the use is located. This restroom shall comply with all provisions of the State Uniform Building and Plumbing Codes as to the required size, location and accessibility standards, and shall be available for use by both the employees and patrons of the business.

15. A summary sheet of basic Use Permit requirements (allowed days, allowed hours,

special mitigations) shall be posted on the premises or shall be available upon request by any enforcement officer of the City.

16. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless

the City, its public officials, officers, employees, and assigns, from any liability; and shall reimburse the City for any expense incurred, resulting from, or in connection with any project approvals. This includes any appeal, claim, suit, or other legal proceeding, to attack, set aside, void, or annul any project approval. The City shall promptly notify the applicant of any legal proceeding, and shall cooperate fully in the defense. The City may, at its sole discretion, participate in any such legal action, but participation shall not relieve the applicant of any obligation under this condition. Should any party bring any legal action in connection with this project, the Superior Court of the County of Monterey, California, shall be the situs and have jurisdiction for the resolution of all such actions by the parties hereto.



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Chapter 9.16 ENTERTAINMENT IN LIQUOR ESTABLISHMENTS

Sections:

9.16.010 Definitions.

9.16.020 Dances and Other Public Entertainment.

9.16.030 Playing Musical Instruments.

9.16.035 Monitoring and Enforcement.

9.16.040 Recorded Music.

9.16.050 Exemption.

9.16.010 Definitions.

For the purposes of this chapter the term “musical instrument” means and includes any and all instruments

commonly used in orchestras, but shall not include radio or television sets. (Ord. 2013-03 (Exh. A), 2013; Ord.

2013-01 § 1, 2013; Ord. 2008-07, 2008; Ord. 2005-04 § 1, 2005; Ord. 79-21 § 24, 1979; Ord. 23 N.S. § 1,

1942; Ord. 216 § 3, 1939; Code 1975 § 1002).

9.16.020 Dances and Other Public Entertainment.

Except as provided in CMC 9.16.030 and 9.16.050, it is unlawful for any person to conduct or maintain or

permit to be conducted or maintained public dances or any form of entertainment in or on any premises where

alcoholic beverages are sold and served to the public within a period of time starting four hours before the

commencement of such dance or entertainment, and ending at 2:00 a.m. of the next calendar day following the

commencement of such dance or entertainment. (Ord. 2013-03 (Exh. A), 2013; Ord. 2013-01 § 1, 2013; Ord.

2008-07, 2008; Ord. 2005-04 § 1, 2005; Ord. 2003-06 § 1, 2003; Ord. 74 C.S. § 1, 1963; Code 1975 § 1000).

9.16.030 Playing Musical Instruments.

A. General Exemption for Private and/or Temporary Uses. The Director of Community Planning and Building

may authorize the playing of musical instruments with or without vocal accompaniment in conjunction with the

sale or serving of alcohol during private (nonpublic) events and during temporary uses/special events open to

the public, located on private property. All such events shall comply with CMC 17.14.050(G)(1), noise

restrictions. The Director shall authorize no more than four public events per calendar year, per property.

Proposals exceeding this amount shall require a use permit consistent with all requirements established in

subsection (B) of this section.



http://www.codepublishing.com/CA/CarmelbytheSea/html/Carmel09/Carmel0916.html#9.16.010









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Attachment 6

B. Special Exemption for Establishments Serving Alcoholic Beverages. Except as provided in CMC 9.16.050, it

is unlawful for any person, firm or corporation engaged in the business of selling and/or serving alcoholic

beverages to the public within the City to play, cause or permit to be played any musical instrument or

instruments with or without vocal accompaniment in or on the premises where such alcoholic beverages are

sold and/or served to the public, without first obtaining a use permit issued by the Planning Commission. In

approving such permits the Commission shall consider all of the following:

1. Use permits authorizing live music within any business establishment selling or serving alcoholic

beverages shall be approved only for properties located in the Central Commercial (CC) and Service

Commercial (SC) districts. Within the Residential and Limited Commercial (RC) and Multifamily

Residential (R-4) districts such permits shall be approved only for existing restaurants and bars located

within hotel/motel establishments.

2. A noise management plan, submitted by the applicant, shall (a) identify all noise-sensitive uses

located within 200 feet of the proposed location (e.g., residences, residential care facilities, libraries,

medical facilities), (b) establish the method by which noise impacts, including, but not limited to, music

and patron noise from within the facility as well as patrons/pedestrians outside of the facility on the

adjacent public sidewalk/street, will be regulated to avoid disruption to the immediate neighborhood and

(c) identify the method for compliance with CMC 17.14.050(G)(1), noise restrictions.

3. An acoustical evaluation shall be prepared to qualify the noise levels and to suggest appropriate

attenuation measures specific to the site.

4. Music performances shall be limited to hours between noon and 10:00 p.m. daily. The Planning

Commission may establish fewer hours to address specific circumstances unique to each site and

permit.

5. A summary sheet of basic use permit requirements (allowed days, allowed hours, special mitigations)

shall be posted on the premises or shall be available immediately upon request by any enforcement

officer of the City. Permittees shall be monitored for use permit compliance by the City. Permittees shall

be informed of violations and immediate compliance shall be sought and attained. Failure to comply

and/or repeated violations shall be cause for the City to schedule a revocation hearing with the Planning

Commission. At such hearings the Commission may:

a. Require changes in the noise mitigation plan;





b. Establish new permit conditions on hours, days, or operational characteristics; or

c. Revoke the permit.

Any three violations within any 12-month period shall require revocation of the use permit by the

Planning Commission.

Use permits authorizing live music shall expire 10 years from the date of issuance. Staff has the

authority to either re-issue the permit or forward it to the Planning Commission for a decision.

6. Live music permits shall not include karaoke activities. (Ord. 2013-03 (Exh. A), 2013; Ord. 2013-01

§ 1, 2013; Ord. 2008-07, 2008; Ord. 2005-04 § 2, 2005; Ord. 2003-06 § 1, 2003; Ord. 216 § 2, 1939;

Code 1975 § 1001).

9.16.035 Monitoring and Enforcement.

A. Noise Limits Related to Live Music. On properties authorized to hold live music events per this chapter, the

maximum noise levels allowed from live music activities located on the property shall be as follows:

1. For venues in the RC district or located within 300 feet of any R-1 district property: 50 db-A as

measured at the exterior of the building or yard in which the live music is performed and no more than 45

db-A as measured at the property line of any other site in the vicinity of the use.

2. For venues on any other CC or SC district property: 55 db-A as measured at the property line.

B. Sound measurements shall be made using a sound level meter calibrated for the A-weighted scale. Periods

with intermittent, exterior, peak noises from the surrounding environment above the allowed decibel limits (e.g.,

passing automobiles, pedestrians in conversation) that occur while music is being played shall not be used for

compliance measurements.

C. For live music venues where there is a contiguous noise-sensitive use, the maximum noise level allowed

from live music activities located on the property shall not exceed 40 db-A as measured inside the building

occupied by the noise-sensitive use. (Ord. 2013-03 (Exh. A), 2013; Ord. 2013-01 § 1, 2013; Ord. 2008-07,

2008; Ord. 2005-04 § 2, 2005).

9.16.040 Recorded Music.

It is unlawful for any person, firm, business, or corporation located in any CC, SC, RC or R-4 land use district to

play or permit to be played recorded or reproduced music on private property at a volume that produces a



sound level exceeding 55 db-A as measured at the property line or produces more than 40 db-A inside any

building occupied by a noise-sensitive use as defined in CMC9.16.030(B)(2). (Ord. 2013-03 (Exh. A), 2013;

Ord. 2013-01 § 1, 2013; Ord. 2008-07, 2008; Ord. 2005-04 § 2, 2005; Ord. 2003-06 § 1, 2003; Ord. 274 C.S. §

1, 1972; Code 1975 § 1003).

9.16.050 Exemption.

The Sunset Community and Cultural Center Theater and the attached buildings and grounds are exempt from

the provisions of CMC9.16.020 and 9.16.030; provided, however, that any such public consumption of alcoholic

beverages at Sunset Community and Cultural Center allowed by this exemption shall be permitted only if it is

by persons attending events booked at Sunset Center and is provided by Sunset Center-approved

concessionaires. (Ord. 2013-03 (Exh. A), 2013; Ord. 2013-01 § 1, 2013; Ord. 2008-07, 2008; Ord. 2005-04 § 2,

2005; Ord. 2003-06 § 1, 2003).






Documents

Use Permit Live Music 01-06-15