HomeMy WebLinkAboutAgenda Statement 1988/09/27 Item 14
COUNCIL AGENDA STATEMENT
.
I tern 14
Meeting Date 9/?7/88
Public Hearing: Request for waiver of Municipal Code
requi rements for a dance permit for the Bl ue Haven Cock ta i 1
Lounge, 618 E Street
Resolution 137f~ Authorizing a dance permit waiver for
the Blue Haven Cocktail Lounge
SUBMITTED BY: Director of Planning{yf
REVIEWED BY: City Manager~
ITEM TITLE:
(4/5ths Vote: Yes___No~)
The Blue Haven Cocktail Lounge located at 618 E Street has applied for a
business license and dance permit in order to operate a night club with
dancing. The facility is located on the south side of E Street 700 feet west
of Broadway. The dance permit has not been issued since the Blue Haven lies
within 300 feet of two establishments with previously issued dance permits,
one of which is adjacent to the Blue Haven. Municipal Code Section 5.26.230
requires a 300 foot minimum separation of facil ities with dance permits; the
section also allows waivers to be granted from the 300 foot requirement by the
City Council. Accordingly, the Blue Haven has requested such a waiver.
.RECOMMENDATION: Grant a waiver of Municipal Code Section 5.26.230 to the
Blue Haven Cocktail Lounge and allow issuance of a dance permit for this
business.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The density requirement establishing a separation of at least 300 feet between
establ ishments with approved dance permits has been a part of the Municipal
Code since 1968. Until recently this requirement had not become an issue; the
dance permits which existed within the City and within Montgomery were in
excess of 300 foot minimum separation.
The Blue Haven Cocktail Lounge has obtained a limited variance to the parking
requirements in order to establish dancing in the cocktail lounge and had
awaited the outcome of recent code amendments eliminating the requirement for
limiting dance permits to bona fide eating establishments. The Planning
Department then approved the business 1 icense, subject to approval of the
dance permit by the Police Department, where it was discovered that the Blue
Haven was within 300 feet of both the Sahara and the Royal Inn, who have
approved dance permits.
.
8 - (3"79</
.
Page 2, Item 14
Meeting Date~~
Both the Planning Department and the Police Department have reviewed the
waiver request and recommend that the waiver be granted. The clustering of
these facilities will not result in parking impacts as adequate on site
parking facilities are provided. In addition, there are no residential houses
in close proximity which might experience noise and land use conflicts which
would require compliance with the spacing standards.
The Police Department has indicated that a waiver of the 300 foot requirement
in this instance will not create an unusual law enforcement problem.
The adjacent business, DaVinci IS, has a previously approved dance permit
(listed as the Sahara room) which was granted on March 30, 1988. However, the
owner of the establ ishment has informed the City that the property has been
so 1 d and is now in escrow. The dance permit is not trans ferab 1 e so that any
new owner of the establishment who wishes to have dancing would have to make
new appl ication for a dance permit and would al so be required to request a
waiver of the 300-foot separation requirement.
Given the 1 ack of anti ci pated impacts and the efforts that the 81 ue Haven
Cocktail Lounge have expended to date, it is appropriate to grant the waiver
and allow issuance of the permit.
. FISCAL IMPACT:
WPC 5515P
.
Not applicable.
R, -,I 3 '~, 1 'f