HomeMy WebLinkAboutPC Resolution 09-25 - (1601 PCH#285, Kids Kabaret)P.C. RESOLUTION 09-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE
PERMIT TO ELIMINATE THE REQUIREMENT FOR VALET PARKING IN
CONNECTION WITH A MUSIC AND PERFORMING ARTS ACADEMY SCHOOL FOR
CHILDREN IN UNIT NO.285, IN THE HERMOSA PAVILION AT 1601 PACIFIC COAST
HIGHWAY, HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Gene Shook, Shook Development Company, seeking approval
to amend conditions imposed on a Conditional Use Permit requiring valet parking for the music and performing
arts academy school known as 'Kids Kabaret' at 1601 Pacific Coast Highway (previously known as 1605 Pacific
Coast Highway).
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for Amendment to Conditional Use Permit 09-5 on August 18, 2009, at which time testimony and
evidence, both oral and written, was presented to and considered by the Planning Commission.
Section 3. Based on the testimony and evidence received, the Planning Commission makes the
following factual findings with regard to the application to amend the Conditional Use Permit to eliminate
Condition 2 in Planning Commission Resolution 05-13 approved February 15, 2005 requiring valet assisted
service parking during peak operating times on weekday evenings in connection with a music and performing
arts academy at Unit 285 in Hermosa Pavilion at 1605 Pacific Coast Highway:
When the condition was imposed under Resolution No. 05-13, the site was determined to be physically
suitable for the music and performing arts academy for children aged 4 to 18 including occasional
children's parties and special performances, in a tenant space comprised of less than 3,000 square
feet square within in a large commercial building which contained a mix of commercial uses and large
parking structure containing sufficient shared parking to satisfy the peak demand of these mix of uses as
demonstrated by a parking analysis submitted by Linscott, Law and Greenspan.
2. The proposed use was found compatible with the neighboring uses, conditioned upon requiring valet
service to reduce spill over parking at the music and performing arts academy on during peak operating
times on weekday evenings.
3. The subject music and performing arts academy is no longer in business in the Hermosa Pavilion;
however, since the Conditional Use Permit runs with the land, the requirement for valet assisted parking
would apply to any future business utilizing the subject CUP in that space.
Section 4. The Planning Commission makes the following findings pertaining to the application to
amend the Conditional Use Permit for a music and performing arts academy pursuant to Municipal Code
Section 17.40.020:
1. The subject music and performing arts academy is no longer in business in the Hermosa Pavilion.
While the Conditional Use Permit runs with the land, it is unlikely that a future business will operate in
the same manner as the defunct business, specifically with parent's dropping off, picking up and waiting
while the students aged 4-18 participate in music and performance arts lessons. Thus, elimination of
Condition 2 of Planning Commission Resolution 05-13 is essentially a clean-up provision to remove
tenant -specific requirements.
2. Said Condition 2 was applied prior to the requirement imposed by City Council Resolution 06-6482
approved in December 2006, that two hour free validated parking shall be provided for patrons of the
businesses and offices within the Hermosa Pavilion parking facility, and said condition has been shown
to mitigate parking issues and ensure neighborhood compatibility.
3. The amendment is Categorically Exempt from the California Environmental Quality Act per Guidelines,
Section 15301 Existing Facilities as the project will not result in any physical change and the project
will make a minor modification to condition governing one tenant occupying a small area within an
existing large commercial building wherein conditions subsequently placed on parking for the building
as a whole have mitigated potential parking issues that were previously identified for occasional events
held by one tenant.
Section 5. Based on the foregoing, the Planning Commission hereby approves that portion of
Amendment to Conditional Use Permit 09-5 requesting to eliminate Condition 2 set forth in Planning
Commission Resolution 05-13, which states: "The applicant shall provide valet assisted service parking during
peak operating times on weekday evenings." All other Conditions of Approval in Resolution 05-13, Nos. 1 and
3-14, shall remain in full force and effect.
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 Community Development Department
their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The
Amendment to Conditional Use Permit shall be recorded and proof of recordation shall be submitted to the City
of Hermosa Beach.
The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and
employees from any claim, action or proceeding against the City or its agents, officers or employees to attack,
set aside, void or annul this Amendment to Conditional Use Permit. The City shall promptly notify the
Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to
promptly notify the Permittee of any claim, action or proceeding, or the City fails to cooperate fully in the
defense, the Permittee shall not thereafter be responsible to defend, indemnify or hold harmless the City.
The Permittee shall reimburse the City for any court and attorney's fees that 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 Amendment to
Conditional Use Permit.
Section 7. 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.Allen,Darcy,Hoffinan,Perrotti,Chmn.Pizer
NOES: None
ABSTAIN: None
ABSENT None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 09-25 is a true and complete record of the action taken by the
Planning Commission of the City of Hermosa Beach, California at their regul : eetin August 18, 2009.
AIA
Ron Pizer, Chairman "R6<obertson, Secretary
September 15, 2009
Date
P4