Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of December 12, 2023
Title
CONFIRMATION OF DIRECTOR’S DETERMINATION OF SIMILAR USE (DD 23-01) FOR THE RENTAL OF FOUR OR FEWER RACING CAR SIMULATORS (AMUSEMENT OR ENTERTAINMENT MACHINES) AS SIMILAR TO THE PERMITTED BILLIARD OR POOL HALL USE IN COMMERCIAL ZONES
(Director of Community Development Carrie Tai)
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Recommended Action:
Recommendation
Staff recommends City Council confirm by minute order the Community Development Director’s determination (DD 23-01) that the rental of four or fewer racing car simulators (amusement or entertainment machines) is similar to billiard or pool hall use, which is a permitted use in General commercial district (C-2 zone) and General and highway commercial district (C-3 zone).
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Executive Summary:
The City received a request to establish a business to rent no more than four racing simulators (entertainment or amusement machines) in reserved time blocks within the C-2 zone. Upon review, the Community Development Director determined that the proposed use is similar to a billiard or pool hall use (Attachment 1). Pursuant to HBMC Section 17.26.040, the Community Development Director’s determination shall not be final until confirmed by the City Council as a consent calendar item on the City Council agenda.
Background:
The Community Development Department, Planning Division received an application for use determination on August 29, 2023. The request (Attachment 2) is to conduct a commercial business where the proposed use does not clearly align with current uses permitted in the City as outlined in the Hermosa Beach Municipal Code (HBMC) Section 17.26.030. The applicant submitted a description of the business and floor plan where four race car simulators would be rented out in reserved time blocks. The use would include the rental and sale of professional helmets, gloves, and Virtual Reality (VR) headsets. Customers would be able to book appointment blocks anywhere between 15 minutes to several hours.
Pursuant to HBMC Section 17.26.040, when a use is not specifically listed in the Zoning Ordinance, it shall be understood that the use is prohibited unless it is determined by the Community Development Director that the use is similar to, and not more objectionable than, other uses listed. The Community Development Director’s determination shall not be final until confirmed by the City Council as a consent calendar item on the Council agenda following the Director’s determination.
Analysis:
Staff compared the use description with the zoning definitions and commercial uses listed in HBMC Section 17.26.030. Staff determined that the rental of four or fewer racing simulators is similar to rental of arcade games. HBMC Section 17.04.050 defines “game arcade (or amusement arcade”) as, “means any place having five or more coin-operated, slug-operated or any type of amusement or entertainment machine, equipment or facilities for which payment is necessary for the operation and which is the primary purpose of the business. These include pinball, video games, slot-car racing or other types of game entertainment, but do not include merchandise vending machines.” Similarly, the definition of “assembly hall” use includes five or more machines. The zoning ordinance does not address where four or fewer amusement or entertainment devices is permitted as a primary use.
Pursuant to HBMC Section 17.04.040, “billiard or pool halls” is defined as, “establishments that provide billiard tables for customers’ use.” The proposed use has a similar intensity to those operating characteristics of pool halls because both uses provide and operate large, fixed equipment within an establishment and involve the rental of amusement or entertainment machines in blocks of time. Also, the billiard or pool hall use does not have the five or more equipment standard like the assembly hall use.
Table 1 Excerpt of HBMC Section 17.26.030
C-1, C-2 and C-3 Zones, Land Use Regulations
|
USES |
C-1 |
C-2 |
C-3 |
|
Billiard or pool halls |
- |
P |
P |
|
P = Permitted |
The Community Development Director determined that all findings outlined in HBMC Section 17.26.040 could affirmatively be made, finding that four or fewer amusement or entertainment devices is similar to and not more objectionable than a billiard or pool hall. As such, proposed uses consisting of four or more amusement or entertainment machines would be allowed by right within the C-2 and C-3 Zone. The Director’s Determination (Attachment 1) makes the required findings. Staff recommends City Council review the request and confirm the Community Development Director’s determination.
If confirmed, the determination would be applied to other uses of the same kind in the future in the applicable zones. As part of the City’s Comprehensive Zoning Code Update effort, the commercial use table would be updated to include more modern uses such as racing simulators or amusement/entertainment machine use and identify where four or fewer amusement or entertainment machines would be permitted. Staff anticipates presenting an updated commercial use table to the City Council in the coming year.
General Plan Consistency:
The proposed use would be consistent with the corresponding the PLAN Hermosa land use designations which include Community Commercial (CC), Gateway Commercial (GC) and Recreational Commercial (RC) Land Use Designations.
This report and associated recommendation have been evaluated for consistency with the City’s General Plan. The proposed use is consistent with the following Goals and Policies of PLAN Hermosa Land Use and Design Element:
Land Use + Design
Goal 1: Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents.
Policies
• 1.4 Diverse commercial areas. Promote the development of diversified and unique commercial districts with locally owned businesses and job- or revenue-generating uses.
• 1.5 Balance resident and visitor needs. Ensure land uses and businesses provide for the needs of residents as well as visitors.
Determining a new commercial use to be similar to existing permitted uses will assist in diversifying the catalog of commercial uses and thereby retaining existing commercial areas within the City. The City’s Zoning Ordinance does not currently list racing simulator businesses. The Similar Use Determination will promote the development of diverse, locally-owned businesses that cater to both residents and visitors alike.
Goal 2: Neighborhoods provide for diverse needs of residents of all ages and abilities and are organized to support healthy and active lifestyles.
Policy
• 2.1 Complete neighborhoods. Neighborhoods are complete and well-structured by encouraging, where appropriate, the following:
§ Contain a heigh level of connectivity for pedestrians, bicycles, and vehicles.
§ Have homes with entries and windows facing the street.
§ Provide a diversity of architectural styles.
§ Have goods and services within a short walking distance.
§ Address the needs of multiple ages and physical abilities.
The proposed use provides a recreational activity for various ages and physical abilities and will serve the nearby residential and commercial uses.
Goal 13: Land uses patterns that improve the health of residents.
Policy
• 13.2 Social and health needs. Support the continuation of existing and new uses that enhance the social and health needs of residents.
This determination of similar use would be applicable to other similar uses with four or fewer amusement devices proposed in the future, thereby supporting a new use that enhances the social and health needs of residents.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Attachments:
1. Community Development Director’s Determination
2. Application
Respectfully Submitted by: Maricela Guillean, Associate Planner
Concur: Carrie Tai, Director of Community Development
Noted for Fiscal Impact: Viki Copeland, Finance Director
Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager