HomeMy WebLinkAboutPC Resolution 03-53 - (1137 Aviation)III
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
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1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
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P.C. RESOLUTION 03-53
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
3 HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN
4 FOR A VOCATIONAL SCHOOL FOR MASSAGE AND OTHER SPA
RELATED TRAINING WITHOUT PROVIDING ANY ADDITIONAL
5 PARKING AT 1137 AVIATION BOULEVARD IN THE SHOPPING
CENTER AT THE NORTHEAST CORNER OF PROSPECT AVENUE AND
6 AVIATION BOULEVARD LEGALLY DESCRIBED ASA PORTION OF
7 LOT 7, BLOCK 88, SECOND ADDITION TO HERMOSA BEACH TRACT
8 Section 1. An application was filed by The Southern California College of Holistic
Health, seeking approval to open a vocational school in an existing 1,100 square foot9
commercial space within a Shopping Center requiring a Parking Plan, pursuant to Section
10 17.44.220of the Zoning Ordinance, to allow the change of use from retail/commercial service
to school use without additional parking.
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12 Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for. a Parking Plan on September 16, 2003, at which testimony and
13 evidence;,both:written and oral,was presented to and considered by the Planning Commission.
14 Section 3. Based on evidence received at the public hearing, the Planning Commission
15 makes the following factual findings:
16 1. Section 17.44.220 of the Zoning Ordinance, Consolidated Off-Street Parking, allows
17 the Planning Commission to reduce the required parking for each individual use and base the •
parking requirement on 1 space per 250 square feet when parking is consolidated in retail
18 shopping centers of over 10,000 square feet, subject to approval of a Parking Plan;
19 2. The subject Shopping Center contains 47,800 square feet of various commercial
20 uses, and the consolidated parking area consists of 191 parking spaces, yielding a ratio of 1
space per 250 square feet;
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3. The site is zoned General Commercial (C-3) allowing a variety of commercial uses.22
23 Section 4. Based on the foregoing factual findings, the Planning Commission makes
the following findings pertaining to the Parking Plan application:
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1. The parking demand resulting from change of use of a small portion of the
shopping center to a part time school use can be absorbed in the large parking facility that
26 exists at the shopping center;
27 2. Calculating parking requirements for the proposed use within a large shopping
28 center at 1 per 250 square feet rather than cumulatively for each and every use is acceptable
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under the terms of Section 17.44.220, Consolidated Off-Street Parking, as the shopping center
29 contains a mix of uses with varying peak parking demand times, and the proposed project I,:
results in only a small percentage increase in the proportion of commercial space used for ' won*
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school and restaurant purposes, resulting in a total percentage of more intensified uses of
approximately 16%;
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3. This project is Categorically Exempt pursuant to Section 15303c of the California
3 Environmental Quality Act.
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Section 5. Based on the foregoing, the Planning Commission hereby approves the
5 requested amendment to the Parking Plan, subject to the following Conditions of Approval:
6 1.The development and continued use of the property shall be in conformance with
7 submitted plans received and reviewed by the Commission at their meeting of January
18, 2000. Any minor modification shall be reviewed and may be approved by the
8 Community Development Director.
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2.The classes and training offered in the business shall be limited to vocational programs
10 with a maximum of twenty(20) students.
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12 Section 6. 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
13 Community Development Department their affidavits stating that they are aware of, and agree
to accept, all of the conditions of this grant.
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15 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
16 enforceable.
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Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and
18 employees from any claim, action, or proceeding against the City or its agents, officers, or
employee to attack, set aside, void or annul this permit approval, which action is brought
19 within the applicable time period of the State Government Code. The City shall promptly
20 notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the
defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or
21 if the City fails to cooperate fully in the defense, the permittee shall not hereafter be
responsible to defend, indemnify, or hold harmless the City.22
23 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.
24 Although the permittee is the real party in interest in an action, the City may, at its sole
25 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.
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The subject property shall be developed, maintained and operated in full compliance with the
27 conditions of this grant and any law, statute, ordinance or other regulation applicable to any
28 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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The Planning Commission may review this Parking Plan and may amend the subject conditions
or impose any new conditions if deemed necessary to mitigate detrimental effects on the
2 neighborhood resulting from the subject use.
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4 VOTE: AYES: Hoffman, Kersenboom, Perrotti, Pizer
NOES: None
5 ABSENT: None
ABSTAIN: None
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CERTIFICATION
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I hereby certify the foregoing Resolution P.C. 03-53 is a true and complete record of the action9
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
10 RI eeting of September 16, 2003.
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12 Peter Hoffman,ifit irman Sol Blume eld, Secretary
13 Date September 16, 2003
14 PPR11137Aviation
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