HomeMy WebLinkAboutPC Reso 10-19 (TA Educ Facilities-Academy)P.C. RESOLUTION NO. 10-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A
ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO AMEND THE
DEFINITION AND STANDARDS PERTAINING TO EDUCATIONAL
INSTITUTIONS IN THE C-3 ZONE AND ZONES THAT ALLOW C-3 USES AS A
CONDITIONAL USE
The Planning Commission hereby resolves and orders as follows:
Section 1. Fusion Academy and Learning Center has applied for a text amendment in order
to establish an educational facility (described as one-to-one tutoring) for a maximum of 30 students
in grades 6 to 12 at Hermosa Pavilion at 1601 Pacific Coast Highway, zoned SPA-8. A for profit
tutoring center is not allowed in the SPA-8 zone, which allows the same uses as the C-3 zone.
Section 2. Pursuant to H.B.M.C Sections 17.04.050, 17.26.030 and 17.40.190, educational
institutions allowed in the C-3 zone (and zones that allow C-3 uses) are limited to public uses that
provide public school or equivalent programs, when located on parcels that do not front a major
corridor subject to a conditional use permit. The use proposed by Fusion Academy and Learning
Center is a combination of the use types defined in the code because, although it provides public
school educational courses, it would operate for profit, and the proposed site is inconsistent with the
prohibition on sites fronting the major traffic corridors.
Section 3. The Planning Commission conducted a duly noticed public hearing to consider
the application for a Text Amendment (TEXT 10-8) on December 1, 2010, at which time testimony
and evidence, both oral and written, was presented to and considered by the Planning Commission.
Section 4. Based on the evidence presented in the Staff Report and considered at the public
hearing, the Planning Commission find the proposal is consistent with the General Plan as stated in
Attachment 3 to the December 1, 2010 Staff Report and will reduce impacts to conversion of
commercial space to institutional uses by prohibiting location on the ground floor and, further, that
due to fiscal issues affecting public school programs and class size, societal changes that impose time
constraints on parental time available to assist their children, and disabilities that affect learning in a
traditional class setting, it is appropriate to allow private educational services which can serve a
community need without significant impact.
Section 5. Based on the foregoing, the Planning Commission hereby finds the proposed
amendment is consistent with the General Plan and zoning code, and the text amendment contains
sufficient safeguards, including location and parking requirements and use permits for future project
applications, to ensure the amendment is compatible with uses adjacent to C-3 zones and zones that
allow C-3 uses within the City as a whole pursuant to H.B.M.C. Section 17.40.020, and hereby
recommends City Council approval of the following amendments to the Hermosa Beach Municipal
Code:
1. The definition of "Educational Institution" in Section 17.04.040 of the Hermosa Beach
Municipal Code shall be amended to read as follows:
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