HomeMy WebLinkAboutPC Resolution 11-03 - (1601 PCH #265, Fusion Academy)P.C. RESOLUTION NO. 11-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
AN EDUCATIONAL INSTITUTION (TUTORING FACILITY) WITHIN A 6,400±
SQUARE FOOT TENANT SPACE NO. 265 WITH A MAXIMUM 35 STUDENTS
(FUSION ACADEMY AND LEARNING CENTER) AND PARKING PLAN
AMENDMENT TO ALLOW LESS THAN REQUIRED PARKING, BASED ON SHARED
PARKING IN HERMOSA PAVILION, 1601-1605 PACIFIC COAST HIGHWAY.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Fusion Academy and Learning Center seeking approval for a
Conditional Use Permit to allow an educational facility as an alternative to the traditional school setting with
a maximum of 35 students on site at any time proposing to locate within tenant space 265 within Hermosa
Pavilion at 1601 Pacific Coast Highway (A.K.A. 1605 PCH) and a Parking Plan Amendment to allow less
than required parking based on shared parking utilizing the building's parking structure.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
Conditional Use Permit 11-2 and Parking Plan Amendment 11-2 on January 11, 2011, at which time the Staff
Report, testimony and evidence, was presented to and considered by the Planning Commission.
Section 3. Based on the Staff Report, testimony and evidence received, both written and oral, the
Planning Commission makes the following factual findings:
1. The site is zoned SPA-8 (Specific Plan Area No. 8) and pursuant to a zoning ordinance
amendment introduced by the City Council on January 11, 2011, a for -profit `educational institution' may be
considered as a conditional use in the SPA-8 zone (proposed Section 17.40.190). Approval of a conditional
use permit is contingent upon City Council final approval of the text amendment.
2. Fusion Academy and Learning Center describes their services as one-to-one tutoring for students
that desire an alternative to the traditional semester system, typically due to their schedules, academic level
or interests, or physical or social issues. Classes meet California high school graduation requirements, and
include honors level classes and courses approved by the University of California system. The business will
have a maximum of 35 students on site any time in grades 6 to 12, with services offered between 8:00 a.m.
and 9:00 p.m., and no outdoor component.
3. The applicant has submitted a floor plan indicating the tenant space will be divided into 22
tutoring offices, plus administrative offices, homework cafe, and galley for staff use.
4. The site at 1601 PCH is governed by various entitlements for the building as a whole and for
individual uses. The allocation of uses within Hermosa Pavilion set forth in the Parking Plan approved by
Planning Commission Resolution 08-23 shall be maintained and the proposed use shall be deemed equivalent to
Office use (Condition of Approval 9 herein). Operative Parking Plans (City Council Resolutions 06-6482 and
06-6513) require the provision of two hour free validated parking for patrons of uses within Hermosa
Pavilion parking structure, and signs prominently displayed to promote the parking validation program, and
other programs to reduce impacts.
5. Planning Commission Resolution 08-23 indicates the parking structure has 496 spaces,
comprised of 454 standard and 42 tandem spaces and modified the allocation of uses.
6. Pursuant to H.B.M.C. Section 17.40.190, the use must be located on the second story of the
building, and a minimum of one parking space for every seven (7) children is required subject to
modification by the Planning Commission to reflect actual parking demand, together with adequate space for
loading and unloading children.
Section 4. The project is Categorically Exempt from the California Environmental Quality Act per
Guidelines, Section 15351, Class 1 (a) because the use is located within an existing building requiring only
minimum interior alterations, involving a use that will operate in a manner similar to the existing office use, the
project is located in an urbanized area, and all necessary public services, access, parking and facilities are
available.
Section 5. Based on the foregoing, the Planning Commission makes the following findings:
1. Pursuant to H.B.M.C. Sections 17.40.020 and 17.40.190, the proposed change in use to allow a
one to one tutoring facility will not impact residential or sensitive uses, will not cause significant noise
impacts, services are available, parking will be adequate based on shared parking, and the use will generally
be compatible with existing commercial uses and the surrounding as follows:
A. Distance from existing residential uses:
The proposed use will be located within Hermosa Pavilion at 1601 Pacific Coast Highway, surrounded
by commercial uses and zoning to the east and south, and R-3 zoning and multi -family residential uses to
the north and west.
The proposed will operate in a manner similar to professional offices and students may park in the
parking structure or be dropped off within the parking structure and directly enter the building. Two
tutoring spaces will be soundproofed so that music instruction may be provide as part of the curriculum
for students enrolled in the school. The noise control standards in Section 8.24.040 restrict commercial
activities, band rehearsals, and similar noise producing activities that are plainly audible from a
residential dwelling unit's property line between 10:00 p.m. and 8:00 a.m. Exterior noise environment is
dominated by traffic on PCH. It is not anticipated that noise associated with music instruction will
impact other uses because the rooms are located within an enclosed tenant space within an enclosed
sound -insulated building, proposed hours are 8:00 a.m. to 9:00 p.m., music instruction should be limited
to individual students, a noisy environment is unlikely to be compatible with tutoring of other students,
and should noise complaints or issues occur the Community Development Director shall review the
complaint and may impose appropriate mitigations such as installation of additional soundproofing, etc.
B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use:
Parking is adequate for the use as set forth under `Parking Plan'.
C. Location of and distance to churches, schools, hospitals and public playgrounds:
The location is within 300 feet of Valley School. The use is itself a sensitive use and will not impact
other schools, churches, playgrounds, hospitals, etc.
D. The combination of uses proposed:
The Parking Plan indicates the uses include a health club, offices, spa, retail, restaurant, auditorium, wine
storage and storage. Other uses that would not increase parking demands may also be considered. The
proposed tutoring facility/private school type use will function similar to office uses and are compatible
with other uses in the building. Conditions are proposed to ensure that the music studio component does
not impact other uses in the building. Uses such as the fitness center, and previously an auditorium use
(`Kids Cabaret') and restaurant, have not resulted in noise impacts.
E. Precautions taken by the owner or operator of the proposed establishment to assure the
compatibility of the use with surrounding uses:
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The applicant has not proposed any specific conditions to address compatibility. However, the scale of
use with a maximum of 35 students with independent schedules and one to one tutoring is not expected
to exhibit the types of impacts that might otherwise occur at a school with large enrollments or classes.
F The relationship of proposed business -generated traffic volume and size of streets serving the area:
The use is limited in scale and scheduling is varied. The use does not otherwise attract customers corning
to the site. The Parking Study and review by the City's traffic engineer indicates between 21 and 32
parking spaces would be required at capacity similar to office use. The site is served by Pacific Coast
Highway and 16t' Street to Ardmore which are arterial/collector streets adequate for the use.
G. The proposed exterior signs and decor, and compatibility with existing establishments in the area
The proposed use will be located within an existing building so that they exterior will not be modified to
accommodate the use. Signage shall conform to H.B.M.C. Chapter 17.50.
H. The number of similar establishments or uses within close proximity to the proposed establishment:
Impacts associated with school type facilities are typically related to size, student enrollment and age,
program and hours, whether there is an outdoor component, parking characteristics, safety and
management, among other factors. The proposed facility, with limited size and enrollment (6,400 square
feet with a maximum of 35 students on site at any time) spread over a 13-hour day, with no outdoor
component, may have impacts similar to office use. There are currently no other for -profit schools or
tutoring services known to be operating within commercial zones in the city. Valley School is located
about 300 feet west of the site. Due to fiscal issues affecting public school programs and class size, as
well as time constraints on parental time and an observed increase in disabilities that affect learning in a
traditional class setting, it is anticipated that additional tutoring services may be proposed. Small-scale
tutoring services are determined to be similar to office uses and may be located within commercial zones
as a permitted use. The potential number of large tutoring facilities/schools will be limited by the
standards in proposed Section 17.40.190 and will be subject to a CUP.
I Noise, odor, dust and/or vibration that may be generated by the proposed use:
Two tutor spaces will be soundproofed for music instruction as part of the curriculum for students
enrolled in the school. As noted under item A, noise is not expected to be significant but conditions are
imposed should impacts occur.
.I. Impact of the proposed use to the city's infrastructure, andlor services:
The use is similar to office use and will not require additional utilities, police services, or other services.
K. Will the establishment contribute to a concentration of similar outlets in the area:
Adverse impacts associated with this use that merits restricting a concentration of such uses has not been
demonstrated. Further, no other similar use is known to exist in the vicinity.
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:
The proposal complies with the zoning standards in Section 17.40.190. The proposed location within
the building (tenant space 265) is the second floor, parking for more than 5 students (per the standard of
one space per seven students) has been demonstrated, and no special loading facilities/zones are required
due to student ages, scale of use, and scheduling.
2. Pursuant to H.B.M.C. Section 17.44.210, onsite shared parking will be adequate for the proposed
use as follows:
A. The proposed facility will operate under varying, staggered schedules between 8:00 a.m. and 9:00
p.m. each weekday, spreading out overall vehicle trips throughout the day. Students are expected to
arrive for pre -scheduled tutoring sessions, and then leave once their individual classes and homework for
the day are complete. Given the age group of the attendees, not all students enrolled will be drivers and
some may be picked up or dropped off.
B. Planning Commission Resolution 08-23 indicates the Hermosa Pavilion parking structure has 496
spaces, comprised of 454 standard and 42 tandem spaces. The allocation of uses as determined by
previous parking studies generated the requirement for 420 parking spaces at peak AM and PM hours
(Walker Parking Consultants, 2008 and Linscott Law and Greenspan, 2006) leaving a surplus of 76
spaces. PC Resolution 08-23 approving a Parking Plan amendment for a wine storage business
generated a peak demand of 10 spaces, leaving a surplus of 66 spaces.
C. The applicant submitted a Parking Study for Fusion Academy & Learning Center (Minagar &
Associates, January 12, 2011) which found that the parking structure contains 491 stalls, out of which 454
are standard shared parking spaces. The Parking Study also reviewed prior parking studies which
extensively evaluated the impacts of all uses including the unique characteristics of 24-Hour Fitness with
peak demand at 6:00 p.m. on weekdays. The applicant's Parking Study found peak demand to be 10:00
a.m. and a trend of increased utilization beginning around 5:00 p.m. to 7:00 p.m. The Study concludes
the use would require 24 parking spaces to accommodate staff needs and the required parking standard
for students. The applicant's Parking Study does note that based on ITE standards which are more
conservative than the City's parking standards there may be a parking deficiency at full building
occupancy; however since the proposed use is similar in demand to office use which it is replacing,
parking is adequate using City standards and methodology previously used in determining parking
standards for this building.
D. Since the proposed use intends to occupy space previously allocated to offices and is a unique use
consisting of one to one tutoring, it is appropriate to compare projected parking demand with office
demand. The City's parking standard for office use (one space per 250 square feet of floor area) is 26
spaces, which is slightly more than the projected parking demand for the proposed use. Parking demand
for the proposed use will be spread over slightly more hours than office use. On this basis, it is logical to
conclude the proposed use with its unique characteristics of one to one tutoring is equivalent to office use
and is consistent with the allocation of uses in the PC Resolution 08-23 as indicated below and shared
parking will be adequate for the proposed use.
Section 6. Based on the foregoing, the Planning Commission hereby approves Conditional Use
Permit 11-2 and Parking Plan Amendment 11-2 subject to the following Conditions of Approval:
CONDITIONAL USE PERMIT:
1. The details of the project application and supplemental materials are incorporated as
Conditions of Approval unless modified herein. The floor plan shall be substantially consistent
with the submitted site plan and floor plan approved by the Planning Commission on January
18, 2011. Minor modifications to the plans required for compliance with project conditions or
codes may be approved by the Community Development Director provided that use is not
changed, intensity of use is not increased, and the arrangement of space would not increase
noise impacts.
2. The use shall be operated as a one to one tutoring center. The use shall not exceed a maximum of
35 students on the site at any time. The hours of operation shall be limited to 8:00 a.m. to 9:00
p.m. Monday through Friday with occasional make-up instruction on Saturday.
3. Music instruction within two soundproofed tutoring spaces shall be limited to students enrolled
in the educational program. The spaces shall not be otherwise utilized for private lessons.
Sound levels generated by the use shall not be plainly audible within other tenant spaces or
external to the building. Should noise complaints/issues occur, the Community Development
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Director shall review any complaint and may require the applicant to install acoustic features to
maximize soundproofing to achieve a STC (sound transmission class) rating of at least 58, and
undertake noise monitoring or conduct an acoustical study to determine and institute
appropriate mitigations.
4. The project shall comply with the requirements of the Noise Control Ordinance in Chapter 8.24;
where its provisions conflict with this approval, the most restrictive provisions shall apply.
5. The business shall provide adequate management and supervision to ensure that student
loitering or unruly behavior or disruption to others in the building does not occur.
6. All signs shall comply with Chapter 17.50 of the H.B.M.C. Sign permits shall be obtained from
the Community Development Department.
7. The business shall abide by the Parking Plan and parking management program required by
the City of Hermosa Beach governing the building. Literature shall be provided to students
and staff directing them to utilize the parking structure rather than on -street parking.
8. The operation of the business shall comply with all applicable requirements of the Building,
Fire and Public Works Department, and the Municipal Code. The subject property shall be
developed, maintained and operated in full compliance with the conditions of this grant and
any law, statute, ordinance or other regulation applicable to any development or activity on the
subject property. Failure of the permittee to cease any development or activity not in full
compliance shall be a violation of these conditions.
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9. The tutoring use with its unique characteristics of one to one tutoring shall be operated in this
manner and is deemed to have parking demand equivalent to Office use. The allocation of uses
within Hermosa Pavilion set forth in the Parking Plan approved by Planning Commission
Resolution 08-23 shall be maintained as follows:
Use
Allocation (sa. ft.)
Health and Fitness Facility (inc. basketball court + pool)
46,000
Office
20,400
Day Spa
13,000
Retail (Including wine shop)
9,600
Restaurant (including food related sales)
8,000
Auditorium
3,000
Storage
5,500
Wine storage
10,100
Total
115,600
Any material change to the allocation that increases parking
demand requires a Parking Plan
amendment.
10. The use shall be subject to and bound by all other restrictions pertaining to the building and
parking structure and parking management program applicable to use in the building generally.
The use and management of parking at Hermosa Pavilion shall continue to be subject to the
programs set forth in City Council Resolutions 06-6482 and 06-6513, and Planning Commission
Resolution 08-23, in addition to the specific approvals set forth in resolutions applied to
various tenant spaces.
11. All parking shall be shared among all uses within Hermosa Pavilion and shall be available
within the structure for employees and customers of all tenants in the building. All parking
shall be available on a first come, first served basis (i.e., no assigned or reserved spaces for any
person, tenant space or use, except that tandem spaces may be assigned to employees).
12. A minimum of two hour free parking within the Hermosa Pavilion parking structure shall be
provided for employees and students of the business.
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13. Approval of this Conditional Use Permit and Parking Plan Amendment is contingent upon
final adoption and the effective date of zoning Text Amendment (TEXT 10-8) that would allow
consideration of the proposed use as a conditional use under Section 17.40.190), and
compliance with all provisions and standards thereof.
14. The Conditional Use Permit and Parking Plan Amendment shall not be effective unless and
until the tenant space and its use conform to all codes, and Conditions of Approval have been
complied with. Approval of these permits shall expire twenty-four (24) months from the date
of approval by the Planning Commission, unless significant construction or improvements or
the use authorized hereby has commenced. One or more extensions of time may be requested.
No extension shall be considered unless requested, in writing to the Community Development
Director including the reason therefore, at least 60 days prior to the expiration date. No
additional notice of expiration will be provided.
Section 7. This grant shall not be effective for any purposes until the permittee and the owners of
the property involved have filed at the office of the Planning Division of the Community Development
Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this
grant.
The Parking Plan Amendment and Conditional Use Permit shall be recorded, and proof of recordation shall
be submitted to the Community Development Department prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be
invalid by a court of law, all the other conditions shall remain valid and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa
Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against any
claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void any permit or approval for this project authorized by the City, including (without
limitation) reimbursing the City its actual attorneys fees and costs in defense of the litigation. The City may,
in its sole discretion, elect to defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be required to
pay as a result of any claim or action brought against the City because of this grant. Although the permittee
is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in
the defense of the action, but such participation shall not relieve the permittee of any obligation under this
condition.
The subject property shall be developed, maintained and operated in full compliance with the conditions of
this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the
subject property. Failure of the permittee to cease any development or activity not in full compliance shall
be a violation of these conditions.
The Planning Commission may review this Parking Plan Amendment and Conditional Use Permit and may
amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental
effects on the neighborhood resulting from the subject use.
Section 8. 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.
VOTE: AYES:
Comms.Darcy,Hoffman,Perrotti,Pizer,Chmn.Allen
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 11-3 is a true and complete record of the action taken by
the Planning Commission of the City of Hermosa Beach, California at its regular meeting of January 18,
2011.
Ken Allen, Chairman( e on, Secretary
January 18, 2011
Date
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