SUPPLEMENTAL
INFORMATION
Honorable Chair and Members of the Hermosa Beach Planning Commission
Regular Meeting of February 15, 2022
Title
CUP 21-9 Conditional Use Permit Amendment and PARK 21-01 Parking Plan request to renovate and expand an assembly hall (The Comedy and Magic Club) and restaurant (The Lounge) use at 1018 Hermosa Avenue, including addition of 147 square feet to main showroom with 100 added seats; and enclosure of existing outdoor restaurant (Lounge) area of 399 square feet with no added seats, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA).
LOCATION: 1018 Hermosa Avenue
APPLICANT:
William (BJ) Wickett
Houston/Tyner Architects
2630 Sepulveda Blvd.
Torrance, CA 90505
OWNER:
Mike Lacey
1018 Hermosa Ave.
Hermosa Beach, CA 90254
REQUEST:
CUP 21-9 Conditional Use Permit Amendment and PARK 21-01 Parking Plan request to renovate and expand an assembly hall (The Comedy and Magic Club) and restaurant (The Lounge) use at 1018 Hermosa Avenue, including addition of 147 square feet to main showroom with 100 added seats; and enclosure of existing outdoor restaurant (Lounge) area of 399 square feet with no added seats, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA).
Recommended Action:
Recommendation
Staff recommends the Planning Commission:
1. Adopt the attached resolutions approving Conditional Use Permit CUP 21-9 and Parking Plan PARK 21-01 to renovate and expand an assembly hall (The Comedy and Magic Club) and restaurant use (The Lounge) at 1018 Hermosa Avenue, including addition of 147 square feet to main showroom with 100 added seats and enclosure of existing outdoor restaurant area of 399 square feet with no added seats, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA).
Body
Background:
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ZONING: |
C-2 General Commercial |
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GENERAL PLAN: |
Community Commercial (CC), Downtown District |
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EXISTING USE: |
Assembly Hall and Restaurant |
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PROPOSED USE: |
Assembly Hall and Restaurant |
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LOT SIZE: |
12,000 square feet |
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EXISTING BUILDING AREA: |
9,483 square feet |
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PROPOSED BUILDING AREA: |
10,029 square feet |
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ADDED SQUARE FOOTAGE: |
546 square feet or 5.8% |
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EXISTING PARKING PROVIDED: |
40 spaces |
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PROPOSED PARKING PROVIDED: |
42 spaces |
ENVIRONMENTAL DETERMINATION:
Categorically Exempt, Section 15301(e), Class 1 Exemption, Additions to existing structures provided that the addition will not result in an increase of more than 50% of floor area, or 2500 sq. ft., whichever is less. The renovation of the existing structure and addition of 546 sq. ft. or 5.8% of floor area is well under the CEQA exemption limits and will not create adverse environmental impacts as conditioned.
Further, none of the exceptions to the CEQA exemptions apply. The project will not have cumulative impacts, will not damage scenic resources, is not located on a hazardous waste site and will not have a substantial adverse change in the significance of a historical resource. There is no reasonable possibility that the proposed project will have a significant effect on the environment due to unusual circumstances.
Located within the Downtown District, the subject building at 1018 Hermosa Avenue is located at the northeast corner of Hermosa Avenue and 10th Street. The Comedy and Magic Club theater is on the north portion and The Lounge, a restaurant use, is on the south portion of a one-story building with rooftop parking. The nearest residences are located in the R-3 (Multiple Family Residential) zone across Palm Drive (designated as an alley 20 feet wide) to the east with residences mostly facing Manhattan Ave.; R-3 zone across 10th Street (a local street 60 feet wide) and across Palm Drive (20 feet wide) for a total of 80 feet to the southeast mostly with residences mostly facing Manhattan Ave; R-3 and R-2 (Two Family Residential) across Hermosa Ave. (a minor arterial street 100 feet wide) to the west behind varying widths of commercial space facing Hermosa Avenue. Paciugo Gelato is to the immediate north and other businesses continue along Hermosa Avenue to the north and south.
The 9,483 sq. ft. building, with businesses below and a parking lot above, was constructed in 1977 and the business license for Comedy and Magic Club was first issued in 1978.
The owner reports that originally The Comedy and Magic Club held more seats than the 250 seats currently allowed, which enabled the business to earn a profit and to be a more viable business than the more limited 250 current seating capacity. At some point prior to or around 1990, seats were limited due to building and fire code safety and exiting concerns. The proposed plans include occupancy calculations and added doors for safe exiting.
The Conditional Use Permit was amended in 1990 with modifications to add The Lounge and ancillary entertainment to the existing restaurant, without parking implications, recognizing the prior use of the southern portion of the building as a restaurant and to carry over the conditions from prior CUPs for the main showroom. The 1990 Planning Commission Resolution 90-62 is attached to this report.
The Comedy and Magic Club submitted an application to amend the 1990 CUP to include the following requests:
1. Modifications of approved floorplans for theatre main showroom and restaurant.
2. Enclose 147 square feet of covered area to add to the theatre main showroom.
3. Enclose 399 square feet of existing restaurant patio area to add to restaurant, providing 2 additional parking spaces to rooftop parking lot.
4. Request to add 100 seats to theatre main showroom (from 250 to 350 seats).
5. Request to modify three existing conditions from 1990 CUP approval:
a. Remove Condition 12: “Comedy/Theatrical Production shall be maintained at least 50% of the operating time of the main showroom.”
b. Remove Condition 2a: “Entertainment shall be permitted only as an ancillary use to the restaurant use with performances limited to stand-up comedy or magic acts, acoustic music, or entertainment dancing (electronic guitars and electronic keyboards shall also be allowed).” Condition 2b would remain.
c. Remove Condition 13a: “During the performance of any type of entertainment, whether in the main showroom or in the café, the exterior doors and windows shall remain closed.”
Each of the requests are addressed in the report.
The Comedy and Magic Club and Lounge businesses have been closed since March 2020. This application is a plan to reopen with renovation modifications for economic feasibility to continue operations.
Analysis:
The project site is located in the C-2 Downtown General Commercial zone, which the Zoning Code describes its purpose as to provide opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown - a resident and visitor service pedestrian-oriented shopping/entertainment district.
The PLAN Hermosa General Plan designates the area as Community Commercial (CC). This designation provides space for locally oriented commercial uses including retail stores, restaurants, professional and medical offices, and personal services.
Pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.26.030, the following applicable uses require a Conditional Use Permit (CUP) in the C-2 zone: an “Assembly hall,” “Late-night alcoholic beverage establishment,” “Live entertainment” and “Restaurant/Café on-sale alcoholic beverage establishment.” In this case, these existing uses are approved through a 1990 amended conditional use permit Resolution PC 90-62. This CUP amendment is required for modifications of the floorplan, additions to the building, changes in the parking, and modifications of existing CUP conditions of approval. Pursuant to HBMC Section 17.40.080, additional criteria are required for consideration of a new or amended CUP and are included below.
Existing and Proposed Operations of Comedy and Magic Club and Lounge Restaurant
The existing 9,483 sq. ft. building includes two businesses owned and operated by the property owner, The Comedy and Magic Club and the Lounge restaurant. The Comedy and Magic Club entertainment showroom as its primary business with an assembly hall use serving food and alcoholic beverage service and 250 seats.
The HBMC defines an assembly hall as any building, or portion of a building, used for public or private gatherings. For example, and without limitation, “assembly hall" includes convention/meeting halls, business schools, funeral homes, gymnasium/health and fitness centers, educational institutions (K-12), game arcades with five (5) or more machines, miniature golf courses, large day spas, movie theaters, museums, music academies, religious institutions, and skating rinks, whether available for public or private use.
The Comedy and Magic Club proposes a renovation including an addition of 147 sq. ft. to enclose a covered area facing Hermosa Avenue to add to the theatre main showroom, removal of employee offices to make room for the existing theater seating area to expand and increase by 100 seats (from 250 to 350) in the 4,027 sq. ft. theater.
The secondary use in the southern portion of the building is the Lounge restaurant with entertainment as an ancillary use and 180 seats around full-size dinner tables.
The applicant proposes to enclose the existing 399 sq. ft. restaurant patio, integrating the two spaces to allow a clear view of the existing stage from all portions of Lounge area. The enclosure of the outdoor patio squares off the space to simplify meal service and provide visual access to the stage. The enclosure allows addition of two ADA accessible parking spaces above on the extended roof parking lot. The Lounge restaurant area will continue the condition of 180 seat limit around full-size dinner tables, with auditorium style seating or cocktail lounge style seating prohibited.
A business operations narrative has been provided by the applicant and is attached to this report.
Request to Modify Existing Conditions of Approval from 1990 CUP:
The applicant seeks to modify three existing conditions from Resolution P.C. 90-62 in this amended CUP.
1. Remove Condition 2a: “Entertainment shall be permitted only as an ancillary use to the restaurant use with performances limited to stand-up comedy or magic acts, acoustic music, or entertainment dancing (electronic guitars and electronic keyboards shall also be allowed).”
Condition 2a does not define “ancillary” and unclearly limits entertainment. The request would allow entertainment as part of the Lounge restaurant use. The restaurant use would be maintained, therefore not creating an intensification. An alternate condition has been included in the resolution to require food service be maintained whenever entertainment is provided at the restaurant.
An alternate condition is proposed to correspond with the applicant request but to maintain the restaurant as the primary use and not be considered an intensification:
Entertainment is permitted with the restaurant use. Food shall be offered for sale whenever entertainment is provided.
Condition 2b would remain, which states: “The seating shall be around full-size dinner tables with adequate room to serve a full meal to each customer, auditorium style seating of cocktail lounge style seating is prohibited.”
2. Remove Condition 12: “Comedy/Theatrical Production shall be maintained at least 50% of the operating time of the main showroom.”
The applicant is requesting this condition to be removed to provide more flexible use of the space, including the ability to rent as meeting space to local hotels and to provide a wider variety of performances. A more thorough description explaining this request is included in the Project Description attached to this report.
Staff agrees that this condition is overly restrictive. Hermosa Beach hotels have limited conference and meeting rooms needed for group sales. Added flexibility will allow activation of the space during non-peak hours and also help attract new hotel business to the City. With most Hermosa Beach hotels within a short walking distance, this is compatible with the PLAN Hermosa General Plan vision for Downtown as a “park-once” district. Condition 12 has been removed from the proposed CUP resolution.
3. Remove Condition 13a: “During the performance of any type of entertainment, whether in the main showroom or in the café, the exterior doors and windows shall remain closed.”
This request, as described in the Project Description, is made due to the current pandemic and for the health of patrons and staff, and notes that Condition 13 will remain in place: “Noise emanating from the property shall be within the limitations prescribed by the City’s noise ordinance and the business shall not create a nuisance to the surrounding residential neighborhoods or commercial establishments.”
This is an understandable request given customer demand for open-air businesses with recent increased awareness and health concerns for indoor dining and entertainment. With the condition in place, opening the doors and windows before and after performances is allowed.
The applicant noted that other businesses have been allowed to keep doors and windows open and that the request is to have the same ability. It should be noted that Temporary Emergency Orders are currently in place for Hermosa Beach businesses that allow doors and windows to remain open, suspending CUP conditions within limits when live entertainment is in place until 9:00 P.M. This can end at any time by determination of City Council when health orders no longer deem it necessary.
After review of the condition requiring the doors and windows to be closed during entertainment in the main showroom and restaurant areas, staff believes this condition to be appropriate and that the condition should remain in the amended CUP. The condition requires doors and windows closures only during times of entertainment, and the condition is not overly restrictive limiting certain hours of operation. Additionally, with the increased number of seats and audience members, applause and laughter would add to the amplified entertainment noise and could adversely create noise impacts to surrounding residents and businesses. This condition is comparable to other Hermosa Beach businesses with live entertainment and is recommended to be maintained. Further, the existing California Alcoholic Beverage Control (ABC) license requires all doors to be kept closed whenever entertainment is being provided on the premises and would continue to be consistent with this condition in place. A copy of the ABC permit is attached to this report.
New Conditions of Approval:
1. Hours of Operation: No changes have been proposed by the applicant. The
current CUP does not limit hours of operation; however, the ABC license states, “patron dancing shall not be permitted on the premises after 1:00am on Sunday through Thursday.”
The Police Department has stated concerns about daily operations later than 1:00 A.M. with potential for large numbers of patrons to exit after a show when the latest late-night alcohol beverage establishments are closing, and people are congregating in and around Pier Plaza and the public parking lots. For this reason, and in recognition of the applicant’s desire to maintain the ability to remain open for late-night shows, a new condition of approval is proposed to be added to read:
The hours of operation shall be limited to between 7:00 A.M. and 1:00 A.M daily for both the main showroom and the restaurant.
The Comedy and Magic Club as an Exceptional Opportunity
On page 7 of the attached Hermosa Beach Economic and Market Study Update “Key Trends: Issues and Opportunities” section discusses reopening of The Comedy and Magic Club as an important opportunity, stating: “The Comedy and Magic Club is an iconic destination in Hermosa Beach and a valuable asset for the downtown. It is recommended that the City work to retain this unique entertainment asset.”
This is the type of use that many cities would try to attract to add recognition, vitality, and overnight hotel stays. Hermosa Beach is fortunate that this legacy business is established in the City and providing a unique cultural impact for over forty years. The owner is requesting this CUP amendment and Parking Plan for consideration to help it reopen as a viable business.
PLAN Hermosa recognizes arts and cultural as a unique identity of Hermosa, including the following Land Use Goals:
Goal 11. A proud and visible identity as an arts and cultural community.
Goal 12. A mix of cultural facilities that support and encourage the community’s vibrant range of art creation and presentation.
HBMC has special allowances in certain situations to facilitate City goals:
1. Section 17.40.080.B.2 establishes additional criteria to be considered for any conditional use permit (new or amended) for a late-night alcohol beverage establishment, including:
a. Whether the total number of late-night alcohol beverage establishments will exceed the City’s limit on such establishments. The limit shall be set by City Council Resolution and may, upon recommendation by the Planning Commission or its own motion, be amended by the City Council from time to time.
b. Whether the use will intensify through increases in the assigned occupant load from owner/operator-initiated construction and/or remodeling that expand the square footage or alter the floor plan. Assigned occupant load is calculated by the City under the relevant provisions of the Building Code.
c. Whether proposed modifications to floor plans, conditions of approval, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors may increase adverse impacts.
d. Whether the type, quantity, or geographic location of the establishment will create an over-abundance of similar establishments in a particular area of the City such that it will reduce the diversity of businesses operating in the immediate area.
e. Whether exceptional opportunities exist to achieve other Community Development goals that will benefit the community, such as re-development of an underutilized parcel or older building; to promote or catalyze economic activity; or to recognize the unique attributes of a new business.
2. Section 17.44.210:
A. A parking plan may be approved by the planning commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to the requirements of this chapter.
3. Section 17.44.090:
A. Uses located within the boundaries of an established off-street parking district shall be waived by the requirements of this subsection.
Further consideration could be made since The Comedy and Magic Club was established in 1978 with a greater occupant load (applicant states 353, though City records are not clear) and fewer parking spaces (35 with 42 proposed). The downtown parking structure was later constructed in 1996, adding 299 additional parking spaces to the immediate area. Discussion of parking space inventory and availability is discussed in the Parking Plan section below.
It should be noted that the previous CUP from 1990 will be replaced with two new resolutions for the amended CUP and the Parking Plan.
Parking Analysis
The previous 1990 clearly acknowledged the then-existing parking deficiencies.
Pursuant to HBMC 17.44.015 (Applicability), these requirements of the off-street parking Chapter apply to the “establishment, alteration, expansion, or change in any use or structure,” including specifically for late-night alcohol establishments.
17.44.015
D. Additions or Expansions of Existing Buildings.
3. Late Night Alcohol Establishments. For late night alcohol establishments, additional parking in accordance with this chapter shall be provided for any alteration that would change the building square footage on site.
Section 17.44.030 sets for the applicable requirement for an assembly use as follows: A. Assembly halls: one (1) space for each five (5) seats, permanent or removable, or one (1) space for each fifty (50) square feet of gross floor area in the assembly hall, whichever is greater.
The appropriate standard for an existing use already non-conforming to parking standards, like The Comedy and Magic Club, is to base it on the square footage standard as that is the guiding language pursuant to Section 17.44.015 D3, therefore, it is one per fifty square feet of added assembly floor area.
For the restaurant patio enclosure, the existing 399 sq. ft. is considered part of the existing restaurant use. The maximum number of seats will remain at 180 around full-size dinner tables, but the existing patio seating will be lost with the enclosure. For this reason, no additional parking would be required.
The following table summarizes the applicable parking requirement:
Pursuant to HBMC Section 17.44.030, a parking plan can be approved by the Planning Commission for a reduction in the number of parking spaces required. The attached parking study recommends racks for securing five bicycles for employees be added to the rooftop parking along with the existing ride share drop off zones should be sufficient to offset the deficiency of one parking space.
CUP Criteria, Conditions and Standards
HBMC Section 17.40.020 establishes the criteria, conditions, and standards for reviewing, granting, and amending CUPs in order to reduce the potential for adverse secondary land use impacts. In considering the granting of any CUP for any use, the following criteria shall be considered:
17.40.020 General criteria for all uses
A. Distance from existing residential uses:
The nearest residences are located in the R-3 (Multiple Family Residential) zone across Palm Drive (designated as an alley 20 feet wide) to the east with residences mostly facing Manhattan Ave.; R-3 zone across 10th Street (a local street 60 feet wide) and across Palm Drive (20 feet wide) for a total of 80 feet to the southeast with residences mostly facing Manhattan Ave; R-3 and R-2 (Two Family Residential) across Hermosa Ave. (a minor arterial street 100 feet wide) to the west behind varying widths of commercial space facing Hermosa Avenue. Paciugo Gelato is to the immediate north and other businesses continue along Hermosa Avenue to the north and south.
Conditions of approval are included in the resolution to reduce noise impacts to nearby uses, including requiring doors and windows to be closed during performances and requiring that any noise emanating from the property complies with the City's Noise Ordinance.
B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use:
The Comedy and Magic Club is a one-story building with a rooftop parking lot accessible from the rear on Palm Drive. It has been deficient in parking for the use since its establishment in 1978. The 1990 CUP required restriping of the parking lot to increase the 35 parking spaces to 40. The proposed enclosure of the 399 sq. ft. restaurant patio would extend the roof to add 2 additional ADA accessible parking spaces, for a new total of 42 spaces. Parking is more fully discussed in the Parking Plan section below. The following condition has been added to ensure on-site parking is available:
Gates to the parking lot shall remain open and available for customer parking when either business is open.
C. Location of and distance to churches, schools, hospitals and public playgrounds:
Noble Park, located at 14th Street and The Strand, is the nearest of these types of sensitive receptors at approximately 1,200 feet northwest of the project site. Due to the distance and characteristics of The Comedy and Magic Club and Lounge restaurant, the uses are not anticipated to have adverse effects on Noble Park. Conditions of approval have been included in the resolution to mitigate potential impacts to the surrounding area and it is unlikely that the use will affect similar sensitive receptors in the vicinity.
D. The combination of uses proposed:
The building includes two businesses owned and operated by the property owner, The Comedy and Magic Club and the Lounge restaurant. The Comedy and Magic Club entertainment showroom is the primary use with an assembly hall use with food and alcoholic beverage service. The proposed renovation includes an addition of 147 sq. ft. to enclose a covered area facing Hermosa Avenue to add to theatre main showroom, removal of employee offices to allow the existing theater seating area to expand and increase by 100 seats (from 250 to 350). The secondary use in the southern portion of the building is the Lounge restaurant with entertainment and 180 seats around full-size dinner tables. The proposed renovation includes enclosure of the existing 399 sq. ft. restaurant patio, integrating the two spaces to simplify meal service and provide visual access to the stage. The enclosure allows addition of 2 ADA accessible parking spaces above on the extended roof parking lot. The Lounge restaurant area will continue the condition of 180 seat limit around full-size dinner tables, with auditorium style seating or cocktail lounge style seating prohibited. Both uses include food and alcohol beverage service, and if both areas have booked shows the timing is staggered to allow the shared kitchen area to serve one area at a time.
E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses:
To assure compatibility with surrounding uses, the business owner proposes to continue its staff-assisted parking program when shows are scheduled in the main showroom or the Lounge restaurant when patrons arrive and depart at the same time. Conditions of approval are included to ensure these precautions are maintained throughout the life of the operation and, as conditioned, it is anticipated that the proposed establishment will be compatible with existing surrounding uses. The proposal will not increase the number of late-night alcohol beverage establishments and is consistent with the surrounding uses, and the intent of the C-2 zone.
F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area:
The uses are established at The Comedy and Magic Club and The Lounge. The renovation will potentially increase traffic volume for the increase of seating in the main showroom from 250 to 350 seats.
Hermosa Avenue is classified as a Minor Arterial Street designed to carry vehicles entering, leaving, or traveling through the city and is adequate to serve the Downtown District. 10th Street is considered a Local Street designed to provide connections within neighborhoods. Local streets are not intended to serve through traffic and are generally one lane in each direction with lower vehicle volumes. Palm Drive is classified as an Alleyway. Alleyways provide access to private properties, including parking spaces and garages.
G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area:
The exterior façade modifications proposed with this request are minor; the 147 sq. ft. enclosure of the covered area will match the existing exterior with two new doors, replacing two existing adjacent doors; the restaurant patio enclosure will continue the window and beam exterior finishes at the front facing Hermosa Avenue, and will continue the masonry block wall finish along the side facing 10th Street.
H. The number of similar establishments or uses within close proximity to the proposed establishment:
The Comedy and Magic Club and The Lounge are unique to Hermosa Beach. The only somewhat comparable entertainment venues could be the Community Center theater or perhaps the currently closed Sainte Rock music venue, both along Pacific Coast Highway. The Lounge restaurant with live entertainment could be considered similar to the Lighthouse with food and featured entertainment. The Downtown District includes 26 late night alcohol establishments, with 10 approved for live entertainment. Late night alcohol establishments are detailed further below with added criteria for late-night alcohol beverage establishments.
I. Noise, odor, dust and/or vibration that may be generated by the proposed use:
The amended CUP for The Comedy and Magic Club and Lounge restaurant uses, as conditioned, are not anticipated to create adverse impacts. Conditions of approval are included in the resolution to reduce noise impacts to nearby uses, including requiring doors and windows to be closed during performances and requiring that any noise emanating from the property complies with the City's Noise Ordinance.
J. Impact of the proposed use to the city’s infrastructure, and/or services:
The existing building is adequately served by the various utility companies, infrastructure and municipal services, and the amended uses are not anticipated to place additional burden on current infrastructure and services. Police services are impacted by existing late-night uses in the area, but the Police Department has stated support of the project with the proposed new daily closing time of 1:00 A.M.
K. Will the establishment contribute to a concentration of similar outlets in the area:
The Comedy and Magic Club and Lounge restaurant are established businesses. The renovation and CUP amendments to the existing businesses will not contribute to a concentration of similar outlets in the area.
L. Other considerations that, in the judgment of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole.
1. The CUP amendment application CUP 21-09 is requested to renovate and reopen the Comedy and Magic Club and Lounge restaurant, both of which have been closed and boarded up since March 2020. The proposed resolution for CUP 21-09 includes applicable conditions of approval from the 1990 CUP approval, removal of two conditions requested by this application (Condition 2a requiring entertainment to be permitted only as an ancillary use to the restaurant has been modified and Condition 12 requiring Comedy/Theatrical productions be maintained at least 50% of the operating time of the main showroom has been removed). A table summarizing of condition changes from PC Resolution 90-62 is attached for reference.
Additional CUP Criteria for Late-Night Alcohol Beverage Establishment
HBMC Section 17.40.080 defines Late-night alcohol beverage establishments as on-sale establishment that have been granted a conditional use permit that allows the establishment to operate after 11:00 p.m., including restaurants, establishments that serve or allow alcoholic beverages as the primary use (e.g. bars), and establishments that provide live entertainment. HBMC Section 17.40.080.B.2 establishes additional criteria to be considered for any conditional use permit (new or amended) for a late-night alcohol beverage establishment:
17.40.080 Criteria for late-night alcohol beverage establishments.
a. Whether the total number of late-night alcohol beverage establishments will exceed the City’s limit on such establishments. The limit shall be set by City Council Resolution and may, upon recommendation by the Planning Commission or its own motion, be amended by the City Council from time to time.
This CUP amendment request is for continuation of a late-night alcohol beverage establishment operating since 1978 with a renovation and small addition and will not affect the number of such businesses in the City.
b. Whether the use will intensify through increases in the assigned occupant load from owner/operator-initiated construction and/or remodeling that expand the square footage or alter the floor plan. Assigned occupant load is calculated by the City under the relevant provisions of the Building Code.
The current request is to renovate The Comedy and Magic Club, add 147 sq. ft. and increase seating in the main showroom from 250 to 350 seats to restore previous occupant load and become a viable business for reopening. The 399 sq. ft. enclosure of The Lounge restaurant patio is currently part of the restaurant and is not considered an intensification since the 180-seat limit around full dinner tables will remain. The two additions total 546 sq. ft. or 5.8% of the building area.
c. Whether proposed modifications to floor plans, conditions of approval, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors may increase adverse impacts.
The added condition of approval to limit hours of operation to close at 1:00 A.M. is a reduction of hours currently allowed, which is currently unlimited. If a late show is scheduled, the new closing time requirement will help patrons depart the area before the late-night closures of surrounding establishments with later closing times, several of which close at 1:30 or 2:00 A.M. This is a reduction of impacts. The only identified modification with potential to increase adverse impacts is the increase of 100 seats in the main showroom, which is likely to increase parking demand in the area. The Comedy and Magic Club building was constructed with a deficient number of parking spaces, which has been optimized through the 1990 condition to restripe to add 5 additional parking spaces. The proposed renovation will add 2 additional ADA accessible parking spaces on the extended roof over the restaurant patio. Parking impacts and mitigation measures are detailed further in the Parking Plan below and in the attached Parking Study.
d. Whether the type, quantity, or geographic location of the establishment will create an over-abundance of similar establishments in a particular area of the City such that it will reduce the diversity of businesses operating in the immediate area.
The CUP amendment request is for renovation of a long-established unique business, The Comedy and Magic Club and The Lounge restaurant. Renovation of the existing businesses will not create an over-abundance of similar establishments.
e. Notwithstanding the criteria in (a) through (d), whether exceptional opportunities exist to achieve other Community Development goals that will benefit the community, such as redevelopment of an underutilized parcel or older building; to promote or catalyze economic activity (e.g., new large or mixed use development); or to recognize the unique attributes of a new business.
On page 7 of the attached Hermosa Beach Economic and Market Study Update “Key Trends: Issues and Opportunities” section discusses reopening of the Comedy and Magic Club as an important opportunity, stating:
“The Comedy and Magic Club is an iconic destination in Hermosa Beach and a valuable asset for the downtown. It is recommended that the City work to retain this unique entertainment asset.” This is the type of use that many cities would try to attract to add recognition, vitality, and overnight hotel stays. Hermosa Beach is fortunate that this legacy business is established in the City. The owner is requesting this CUP amendment and Parking Plan for consideration to help it reopen as a viable business.
PLAN Hermosa recognizes arts and cultural as a unique identity of Hermosa Beach. The Comedy and Magic Club, as amended through this application, will have the ability to continue and expand its operation as a unique performance venue in the City.
Parking Plan Criteria, Conditions and Standards
HBMC Section 17.44.210 states that a parking plan may be approved by the planning commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter.
17.44.210 Factors to be considered
A. Van pools,
Van pools are not proposed with this application; however, carpooling should be encouraged for employees working the same shifts. For this reason, a new condition of approval has been added to the Parking Plan resolution encouraging employees working the same shifts to carpool when possible.
Applicant shall encourage employees working the same shifts to carpool when possible.
B. Bicycle and foot traffic.
The daytime uses are expected to generate greater bicycle and foot traffic than the nighttime uses. There is an opportunity identified in the parking study to add employee bike racks to offset demand for one parking space. A new condition of approval has been added to add racks for securing bicycles:
Applicant shall install racks for securing five bicycles on the rooftop deck for employee use.
C. Common parking facilities.
The Comedy and Magic Club and restaurant uses established in 1978 and amended by CUP in 1990 which allowed the use to be established in an existing building with 35 on-site parking spaces. Pursuant to P.C. Resolution 90-62 findings noted the mix of uses was “significantly deficient to current zoning requirements for parking.” Further, the 1990 expansion into an adjacent vacant restaurant space to expand the existing restaurant/café operation and found that “by limiting the expansion to primarily restaurant purposes, the expansion into existing restaurant space did not increase the deficiency in parking for the building” and required the lot to be re-striped to provide 40 spaces.
D. Varied work shifts.
Employees provide a variety of tasks, including parking assistance, doormen, kitchen staff and servers, with the greatest number at one time a total of 40, though most often it is fewer. Shifts vary according to staffing needs, especially in The Comedy and Magic Club showroom based on frequency of performances, which varies from week to week.
E. Valet parking.
While no valet parking is proposed as part of this application, the applicant currently uses an attendant managed self-parking system that allows for greater parking capacity in conjunction with performances. A condition of approval has been added to continue the managed self-parking system:
The business shall maintain its attendant managed self-parking system that allows for greater parking capacity in conjunction with performances.
F. Unique features of the proposed uses.
For performances where tickets are sold, both in The Comedy and Magic Club main showroom and sometimes in the restaurant area with entertainment, the number of tickets sold before the show helps to identify the staffing needs. Some performers will draw audiences from beyond the immediate region who will stay in nearby hotels and walk to the show. Another unique feature of a venue that attracts audiences from surrounding areas is that patrons, who had been unfamiliar with Hermosa Beach and Downtown area, will come to see a performance and then plan to come back to experience the City to shop, dine, or for an overnight stay.
G. Other methods of reducing parking demand.
In 2019, as recommended in the Coastal Parking Management Plan, the City added three rideshare drop-off locations within two blocks both north and south along Hermosa Avenue on both the east and west sides of the street: in front of Hermosa Brewing Co. on the east side of Hermosa Avenue near 13th Street, just south of Pier Plaza on the west side of Hermosa Avenue in front of the Bank of America building, and on the west side of Hermosa Avenue near 11th Street in front of Parking Lot A. Rideshare availability makes it safe to drop off and pick up visitors to the area. They all are identified with rideshare signs and are shown on rideshare apps (such as Uber, Lyft and taxi services) for easy use by drivers and patrons. Rideshare usage is expected to continue to grow, including for a segment of the population who are turning to these services instead of driving personal vehicles.
H. Peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multi-tenant buildings.
As described in the applicant’s project description, the peak time for parking for The Comedy and Magic Club is for the typical 8:00 P.M. show. Doors open at 6:30 P.M., with the parking lot opened at about 6:00 P.M., with frequent exiting between 9:30 P.M. and 10:30 P.M.
General Plan Consistency:
The proposed establishment is located within the Community Commercial (CC) General Plan land use area. The Community Commercial designation is described as locally-oriented uses including retail stores, restaurants, professional and medical offices, and personal services. The Community Commercial designation is found in many centralized locations throughout the community primarily along the city’s major corridors and in Downtown. Community Commercial land uses also serve the needs of visitors and residents of nearby jurisdictions.
The site is located within the Downtown District Character Area. The Downtown District is a primary social and commercial activity center in Hermosa Beach, serving as a centralized location for social gatherings and the recreational activities of residents and visitors. Pier Plaza serves as a popular venue for outdoor events and dining, connecting Downtown to the beach, pier, and The Strand. The “pedestrian scramble” at the intersection of Hermosa Avenue and Pier Avenue is a unique pedestrian amenity that reinforces the pedestrian-oriented nature of Downtown.
This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 5. Small beach town character is reflected throughout Hermosa Beach.
Policies:
• 5.1 Residential and commercial compatibility. Provide a balance between residential and commercial uses and strive to ensure their compatibility.
• 5.5 Community benefits. Consider incentives for new development that provides a substantial economic benefit to the community such as retail sales taxes, transient occupancy taxes or higher-paying jobs. Prohibit the provision of incentives that outweigh the direct benefits from the use.
• 5.6 Revitalization incentives. Develop and provide incentives to assist developers in revitalization and rehabilitation of existing structures, uses and properties.
• 5.7 Visitor and resident balance. Recognize the desire and need to
balance visitor-serving and local-serving uses as a key to preserving character and the economic vitality of the community.
Goal 6. A broad-based and long-term economic development strategy for Hermosa Beach that supports existing businesses while attracting new business and tourism.
Policies:
• 6.5 Creative Economy. Prioritize strategies that will create an economy full of diverse talents, trades and goods for the city. For long lasting economic success, a range of services, arts, entertainment and retail should be supported on all scales of the city’s economy.
Land Use Element
Goal 5. Quality and authenticity in architecture and site design in all construction and renovation of buildings.
Policies:
• 5.5 Preservation and adaptive reuse. Provide incentives for the preservation or adaptive reuse of historic structures and iconic landmarks.
Goal 11. A proud and visible identity as an arts and cultural community.
Policies:
• 11.3 Art as cultural tourism. Recognize the value of the arts to the city’s quality of life and economic stability and promote cultural tourism as an engine for economic development.
Environmental Analysis:
Categorically Exempt, Section 15301(e), Class 1 Exemption, Additions to existing
structures provided that the addition will not result in an increase of more than 50% of
floor area, or 2500 sq. ft., whichever is less. The renovation of the existing structure and
addition of 546 sq. ft. or 5.8% of floor area is well under the CEQA exemption limits and will not create adverse environmental impacts as conditioned.
Further, none of the exceptions to the CEQA exemptions apply. The project will not have cumulative impacts, will not damage scenic resources, is not located on a hazardous waste site and will not have a substantial adverse change in the significance of a historical resource. There is no reasonable possibility that the proposed project will have a significant effect on the environment due to unusual circumstances.
Summary:
Based on the analysis above, the proposed Conditional Use Permit Amendment 21-09 and Parking Plan PARK 21-01, as conditioned, are consistent with the Hermosa Beach Municipal Code and PLAN Hermosa. Staff recommends the Planning Commission adopt the attached resolutions for amendments to CUP 21-09 and PARK 21-01 and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA).
Attachments:
1. Proposed Resolution for CUP
2. Proposed Resolution for Parking Plan
3. Applicant Supplemental Project Description
4. PC Resolution 90-62
5. Table Summary of Condition Changes from PC Resolution 90-62
6. ABC Permit for Comedy and Magic Club
7. Link to Hermosa Beach Economic and Market Study Update dated June 1, 2021
8. Hermosa Beach Public Parking Map
9. Plans
10. Zoning Map
11. Legal Poster and Radius Map
12. Letter of Support from Carol James 2/7/22 & from the Chamber 2/10/22
13. Parking Study by Interwest Group
14. SUPPLEMENTAL - 46 eComments for 1018 Hermosa Avenue
15. SUPPLEMENTAL - 2 Emails for 1018 Hermosa Avenue
Respectfully Submitted by: Christy Teague, Senior Planner
Concur: Patrick Donegan, Deputy City Attorney
Approved: Ken Robertson, Community Development Director