HomeMy WebLinkAboutRES-09-6684 (FORTUNE TELLING)1
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RESOLUTION NO.09-6684
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, CONFIRMING THAT `FORTUNE-TELLING' IS
SIMILAR TO OTHER USES PERMITTED IN SPECIFIC PLAN AREA NO.
11 (UPPER PIER AVENUE) AND DOWNTOWN COMMERCIAL (C-2)
ZONES WITHOUT A CONDITIONAL USE PERMIT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
I DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City has received a request from Ms. Michelle Merino to establish a
"fortune telling" business at 127 Pier Avenue in Specific Plan Area No 11 (SPA-11); however,
such use is not allowed as a permitted or conditional use in that zone.
SECTION 2. Pursuant to H.B.M.C. Sections 17.38.540(C) and 17.26.040, addressing
similar uses in the C-2 and SPA-11 zones, the community development director has made the
following findings:
1. The proposed use meets the intent of and is consistent with the goals, objectives
and policies of the general plan because fortune telling is similar to and not more intensive than
professional office, personal service and small retail uses, which are allowed in the General
Commercial designation.
2. The proposed use meets the stated purpose and general intent of the SPA-11 and C-
2 zones because fortune telling is similar to other low impact uses permitted in C-2 and SPA-11
zones, such as professional offices (i.e., accounting, attorney, counseling or financial services),
personal services and small retail uses. Fortune telling is appropriately located in areas with
substantial pedestrian traffic and places where people are engaged in leisurely activities; the use is
typically located in small scale facilities; may serve residents as well as visitors; and parking
demand, noise and other impacts are similar to professional office uses, and may be similar or less
09-668
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intensive than personal services and or small retail uses, and therefore will not unduly impact
residential or other commercial uses.
3. The proposed use will not adversely impact the public health, safety and general
welfare of the city's residents because number of employees, hours of operation, utility use,
parking demand, noise, lighting, and other impacts are anticipated to be no more intensive or
intrusive than professional offices, personal services or small retail shops already allowed in the
zones. Therefore, fortune telling will not affect other businesses, residents or services.
Furthermore, fortune telling is demonstrated to be similar in use and intensity, and not more
objectionable, than other uses permitted in the zones.
4. The proposed use shares characteristics in common with, and will not be of greater
intensity, density or generate more environmental impact than, other uses in the C-2 and SPA- 11
zones because it is similar to professional offices, personal service and small retail uses wherein
persons come to the business for typically one-on-one consultation in an office or storefront setting
as stated above.
SECTION 3. The determination and confirmation of similar use is exempt from the
California Environmental Quality Act under Section 15061(b)(3) of Title 14 of the California
Code of Regulations on the basis that action merely recognizes that fortune telling is similar to and
no more objectionable or impacting than other uses currently allowed in C-2 or SPA-11 zones,
located within urbanized areas with availability of services, and on that basis fortune telling may
also be allowed.
SECTION 4. Based on the foregoing, and pursuant to H.B.M.C. Sections 17.38.540(c)
and 17.26.040, the City Council hereby confirms that "fortune tellers, psychics and astrologers"
are similar to other uses and shall be allowed in the C-2 and SPA-11 Zones as a permitted use.
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09-6684
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SECTION 5. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge
to the decision of the Planning Commission, after a formal appeal to the City Council, must be
made within 90 days after the final decision by the City Council.
PASSED, APPROVED and ADOPJED this 24th day of November 2009.
PRESIDENT of the
ATTEST:
and MAYOR of the City of Hermosa Beach, California
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APPROVED
City Attorney
FORM:
09-668,
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 09-6684 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on November 24, 2009.
The vote was as follows:
AYES:
Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: December 8. 2009
Elaine Doerfling, City