Withdrawal of the New 6.56 Outdoor Entertainment License Application
On October 20, 2020, the Board of Supervisors was set to consider a request by ABR Property L.P. and ABR Enterprises L.P. dba Avila Beach Resort for a new 6.56 Temporary Commercial Outdoor Entertainment License for twelve (12) one-day outdoor entertainment activities (music) with 1,000-3,000 attendees and five (5) outdoor entertainment activities with up to 5,000 attendees, annually at the Avila Beach Resort (Resort) located at 6464 Ana Bay Road in Avila Beach.
This new 6.56 License application was intended to replace the existing evergreen 6.56 License issued by the Board of Supervisors (Board) in 2004. The Board action on the 2004 6.56 License granted special consideration for the ABR property that was not afforded to any other venue in the County. The 2004 Board action granted a general approval to an unlimited number of outdoor entertainment activities with over 3,000 participants when such activities were in conjunction with a non-profit organization. During the 2004 6.56 license hearing then County Counsel James Lindholm clarified activities under 3,000 participants ‘do not require a permit, but there is certain involvement with public safety and public health at these other events’. It was only the activities over 3,000 participants that triggered further review. The 2004 Board action remains in effect today as there has not been any action to the contrary, and in fact, subsequent actions by the Board have further reinforced the 2004 Board action (2014 Forever Never Land Board Hearing).
Based on reasons further described below, ABR Property L.P. and ABR Enterprises L.P, is hereby withdrawing the current application. Any outdoor entertainment activities where there may be over 3,000 attendees will be operated in compliance with the existing 2004 license granted by the Board. Outdoor entertainment activities with under 3,000 attendees will continue as allowed based on the ‘pre-existing’ status of the Resort property and its on-going operations.
The true impact of COVID-19 on properties such as the Avila Beach Resort are unknown at this time and it is unclear what outdoor entertainment activities will look like in the post COVID world. It is expected that when concerts and other outdoor entertainment activities are allowed to resume, they will be different than what they were before, and crowd capacities will be reduced. Therefore, the handful of over 3,000 attendee for-profit outdoor entertainment activities contemplated in the new 6.56 license are not necessary for the foreseeable future.
Instead of continuing to process the new 6.56 licensee for activities that likely won’t be realized in the near term, the owners have instead decided to incorporate those activities into the scope of the EIR just getting underway for the current Conditional Use Permit / Coastal Development Permit being processed by the County (DRC2018-00067). DRC 2018-00067 is a proposal to add transient overnight accommodations to the Resort property and expand the existing visitor-serving and recreational uses at the Resort.
While the new 6.56 license application covered activities under 3,000 attendees it was not required to do so. Those activities were included, at the request of then Supervisor Adam Hill, as a means for the Resort ownership and County Counsel’s office to develop a license description reflective of the existing and ongoing outdoor entertainment activities occurring on the property (regardless of size and whether for profit or not for profit). The purpose of this collaborative approach was to develop a description that covered historical operations so that the baseline number of events/attendees was not in dispute, and instead, the license could be developed to include conditions in response to comments and suggestions from the public regarding the operation and management of the activities.
It has been the Resort’s on-going position that neither a separate permit for Temporary Events, nor a 6.56 License is required for outdoor entertainment activities at the property as the Resort is an approved Recreation Resort (1967), with an Area Plan written specifically to allow for temporary events on the property, and the Resort has an approved and on-going 6.56 License issued by the Board of Supervisors in 2004 which covers activities over 3,000 attendees.
The Resort owners embarked on the new 6.56 license cautiously, but willingly, as they have continually been told by the County, interested parties, and members of the public that they are ‘not in opposition to the concerts’, they just want to make sure there are operational measures in place to protect residents and visitors alike.
Given that the new 6.56 license is not required, and given the current conditions, the Resort hereby withdraws its application without prejudice.