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RESOLUTION NO. 05-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA APPROVING A CONDITIONAL USE
PERMIT FOR A MUSIC AND PERFORMING ARTS ACADEMY FOR
CHILDREN, "KIDS CABARET," IN THE HERMOSA PAVILION AT 1605
PACIFIC COAST HIGHWAY #285
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section I. An application was filed by Marlene Ramirez to operate a music and performing
arts academy school for children in unit No. 285 within the Hermosa Pavilion.
Section 2. The Planning Commission conducted a public hearing to consider the
application on February 15, 2005, at which testimony and evidence, both written and oral, were
presented to and considered by the Planning Commission.
Section 3. Based on the evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The applicant is proposing improvements to a 2,925 square foot tenant space in order to
operate a music and performing arts academy for children aged 4 to 18. The space will also be used
occasionally for children's parties, and to host special performances. hnprovements include a stage
for performances, bathroom and dressing room facilities, booth seating and an open auditorium area
2. The City's Zoning Ordinance requires a Conditional Use Permit to operate a music
academy, and the performing arts school part of the operation is similar in both use and intensity as
a music academy.
Section 4. Based on the foregoing findings, the Planning Commission makes the following
findings pertaining to the application for a conditional use permit:
1. The site is zoned S.P.A. 8 and is physically suitable for the type and intensity of the
22 proposed development and the proposed use complies with the development standards contained
therein;
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2. The project, as conditioned, will conform to all zoning laws and criteria and will be
compatible with neighboring residential properties;
3. The project is located in a large commercial building, the Hermosa Pavilion, which
contains a mix of commercial uses, including a health and fitness club, offices, and retail uses
and large parking structure, containing sufficient shared parking to satisfy the peak demand of
these mix of uses, including the proposed music academy/performing arts school, as
demonstrated by the parking analysis submitted by Linscott, Law and Greenspan which evaluates
the worst case scenario of the proposed use with respect to parking demand of the proposed use.
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4. The project is Categorically Exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Sections 15303(b)
and 15315 with the finding that the project is in an area with available services.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit, subject to the following Conditions of Approval:
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
February 15, 2005.
2. The applicant shall provide valet assisted parking during peak operating times on
weekday evenings.
3. Occupancy and use of the commercial space shall be limited to uses described in the
application as a music academy and performing arts school for school age children
(ages 4 through 18) and occasional private use for special performances and special
events.
4. If special events or special productions include wine and beer· sales, the business
shall obtain the appropriate license from the State Department of Alcohol Beverage
Control.
5. The business shall comply with all State laws and licensing requirements involving
the supervision of children in a classroom and/or camp setting.
6. The operating hours shall be limited to between 8:00 A.M. and 11:00 P.M.
7. There shall be compliance with all requirements of the Building and Safety Division
of the Community Development Department and Fire Department.
8. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
9. The business shall provide adequate staffing, management and supervisory
techniques to prevent loitering, unruliness, and boisterous activities of the patrons
outside the business. A minimum of two staff people shall be on the premises to
manage the use of the facility and to monitor use of nearby hallways and public mall
areas during operating hours.
10. Noise emanating from the property shall be within the limitations prescribed by the
City's noise ordinance and shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments.
11. The premises and surrounding hallway and mall areas with the Hermosa Pavilion
shall be maintained in a neat and clean manner, and maintained free of graffiti at
all times.
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12. The applicant shall submit a detailed seating and occupancy plan prepared by a
licensed design professional, which shall be approved by the Community
Development Department prior to final occupancy and posting of the occupant load.
13. Any significant changes to the interior layout, which would alter· the primary
function of the business as a music and performing arts academy, or any changes
that increase the intensity or type of use of the space shall be subject to review and
approval by the Planning Commission.
14. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
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 Conditional Use Permit, shall be recorded, and proof of recordation shall be
submitted to the Community Development Department.
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.
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 attack, set aside, void or annul this permit approval, which action is brought within
the 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
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 no thereafter be responsible to defend,
indemnify, or hold harmless the City.
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.
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The Planning Commission may review this 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 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.
AYES:
NOES:
ABSENT:
ABSTAIN:
Allan, Hoffman, Koenig, Perrotti, Pizer
None
None
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 05-13 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
~ . ') regular meeting of February 15, 2005.
~ty;~ ~~
Sam Perrotti, Chairman Sol Bl enfi ld, Secretary
February 15, 2005
Date
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