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HomeMy WebLinkAboutPC Resolution 00-052 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 P.C. RESOLUTION 00-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN FOR A COMMUNITY SCHOOL WITHOUT PROVIDING ANY ADDITIONAL PARKING AT 1103 AVIATION BOULEVARD IN THE SHOPPING CENTER AT THE NORTHEAST CORNER OF PROSPECT AVENUE AND AVIATION BOULEVARD LEGALLY DESCRIBED AS A PORTION OF LOT 7, BLOCK 88, SECOND ADDITION TO HERMOSA BEACH TRACT Section 1, An application was filed by Ralph Horowitz, seeking approval to open a new community school in an existing 2,600 commercial space within the Pic-N-Save Shopping Center requiring a Parking Plan, pursuant to Section 17.44.220 of the Zoning Ordinance, to allow the change of use from fitness center to school use without additional parking. Section 2, The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Parking Plan on January 18, 2000, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. Section 17.44.220 of the Zoning Ordinance, Consolidated Off -Street Parking, allows 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 shopping centers of over 10,000 square feet, subject to approval of a Parking Plan; 2. Pic-N-Save Shopping Center contains 47,800 square feet of various commercial uses, and the consolidated parking area consists of 191 parking spaces, yielding a ratio of 1 space per 250 square feet; 3. The site is zoned General Commercial (C-3) allowing a variety of commercial uses. Section 4, Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the Parking Plan application: 1. The parking demand resulting from change of use of a small portion of the shopping center from fitness center to a school can be absorbed in the large parking facility that exists at the shopping center; 2. The Shopping Center will contain a minimum of 191 parking spaces with the minimum ratio of 1 per 250 square feet of floor area as required by Section 17.44.220; 3. Calculating parking requirements for the proposed use within a large shopping center at 1 per 250 square feet rather than cumulatively for each and every use is acceptable under the terms of Section 17.44.220, Consolidated Off -Street Parking, as the shopping center contains a nix of uses with varying peak: parking demand times, and the proposed project results in only a small percentage increase in the proportion of commercial space used for school' 2 and restaurant purposes, resulting in a total percentage of more intensified uses of approximately 19„5%; 3 4 11 4. This project is Categorically Exempt pursuant to Section 15303c of the California s Environmental Quality Act. 6 Section 5. Based on the foregoing, the Planning Commission hereby approves the requested amendment to the larking Plan, subject to the following Conditions of Approval; 7 8 1 • The development and continued use of the property shall be in conformance with. submitted plans .received and reviewed by the Commission at their meeting of January 9 .18, 2000. Any minor modification shall be reviewed and may be approved by the 10 Community Development Director, 11 112. A minimum of 191 parking spaces shall be provided and striped in the shopping center parking lot. 12 13 3. Attending students shall not drive automobiles to the school facilities, being limited t 14 other forms of transportation, such as public transportation or transport by their parents. 15 Section . 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 16 Community Development Department their affidavits stating that they are aware of, and agree 17 to accept, all of the conditions of this grant. 18 The parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 19 20 Each of the above conditions is separately enforced, and if one of the conditions, of approval; is 21 found to be invalid by a court of law, all the other conditions shall remain valid and enforceable, 22 Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to 23 attack, set aside, void or annul this permit approval, which action is brought within the 24 applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If 25 the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not hereafter be responsible to defend, 26 indemnify, or hold harmless the City. 27 The perm: ttee shall reimburse the City for any court and attorney"s fees which the City may be 28 required to pay as a result of any claim or action brought against the City because of this grant.. 29 11 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. -2- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 Rill compliance shall be a violation of these conditions, 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 neighborhood resulting from the subject use. VOTE: AYES: Hoffnlan, Schwartz, Pizer, Vice -Chair Ketz, Chairman Perrotti NOES: None ABSENT: None ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P. C. 00-5 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa their Beach, California, at the re M 6 ng of January 18, 200Q guI ar 0 Sam Perrotti, Chairman Sol Blumen elld, Secretary ;? - / - oo Date,__4 PPR99-'7 -3.