ITEM 6-J
Council Mtg: November 7, 1995 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of Statement of Official Action for
Appeal of the Approval of Conditional Use Permit 93-001,
1703 Ocean Front Walk.
INTRODUCTION
This report transmits for City Council certification the
Statement of Official Action for the CUP 93-001 to allow the
construction of a 2-story bed and breakfast facility with four
guest rooms and four on-site parking spaces at 1703 Ocean Front
Walk.
On September 12, 1995, the Council approved the project on appeal
based on the findings and conditions contained in the attached
Statement of Official Action.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or financial impact.
RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached Statement of Official Action.
Prepared by: D. Kenyon Webster, Planning Manager
Luci Hise, Assistant Planner, Planning & Zoning
Division
Planning and Community Development Department
CITY OF SANTA MONICA
CITY COUNCIL
Statement of Official Action
PROJECT
NUMBER: CUP 93-001
LOCATION: 1703 Ocean Front Walk
APPLICANT: Santa Monica Hotel Associates, Ltd.
CASE PLANNER: Luci Hise
CEQA STATUS: Construction is categorically exempt from
the provisions of CEQA based on Section
15303 of the State of California
Environmental Quality Act, Class 3(c),
which exempts small motels and commercial
structures with an occupancy load of less
than 30 persons provided no more than 3
such structures are proposed.
REQUEST: Application to allow the construction of a
2-story bed and breakfast facility with
four guest rooms, and four on-site parking
spaces.
CITY COUNCIL ACTION
9/12/95 Date.
X Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATE(S) OF ACTION(S):
9/12/95 CUP 93-001
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
9/12/96 CUP 93-001
Any request for an extension of the expiration date must be
received in the Planning and Zoning Division prior to expiration
of this permit.
3 months CUP 93-001
FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "City of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that a bed and breakfast
facility is conditionally permitted in the R3R District
pursuant to SMMC Section 9.04.08.64.040.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that as approved by the Planning Commission
the project conforms with all relative code requirements,
is of a compatible scale with surrounding structures, and
would allow the establishment of a visitor-serving
establishment within a mixed use area of residential and
visitor-serving uses. Furthermore, the proposed use,
which is a visitor-serving commercial use, is consistent
with Local Coastal Plan General Policy 31, which states
that "visitor-serving commercial, recreational facilities
designed to enhance public opportunities for coastal
recreation and coastal dependent development and uses
shall have priority over residential or general commercial
development."
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposed structure
would be integrated into the slope of the site in a manner
conforming with Technical Code requirements.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that no present uses are to remain. The
existing bicycle and skate rental facility is proposed to
be rebuilt.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
bed and breakfast facilities are conditionally permitted
in the R3R District, and existing uses in the area include
a mix of residential and visitor-serving uses. The scale
of the facility is compatible with and relates
harmoniously to the surrounding neighborhood.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the subject parcel is located within an urbanized
area with access to public infrastructure and utilities.
7. Public access to the proposed use will be adequate, in
that vehicular access would be provided from Appian Way
and pedestrian access would be provided from Ocean Front
Walk.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the
surrounding neighborhood, in that the scale of the subject
structures will be compatible with the scale of
surrounding buildings.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that Objective 1.5 of
the General Plan states that the City should encourage the
expansion of "visitor accommodations and related uses in
the Oceanfront area, while protecting the residential
mix". The project provides visitor accommodations and
uses in the Oceanfront area and is designed to be
compatible with the existing residential character in the
area. Policy 1.5.1 states that the City should "devote
Oceanfront District primarily to visitor accommodations
and commercial recreation," which is accomplished by
allowing the construction of a bed and breakfast facility
within the Oceanfront District. Furthermore, the proposal
is consistent with the six goals identified in the Local
Coastal Plan, including Goal 4 to "assure priority for
coastal-dependent and coastal-related development over
other development on the coast," and Goal 6 to "encourage
public and recreational use and enjoyment of the coast
while ensuring that the very resources that make the coast
so valuable for human enjoyment are not spoiled." The
project will provide for public use of the coast and is
designed to be compatible with the land and the area.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that a bed and breakfast facility is conditionally
permitted in the R3R District, is consistent with
Objective 1.5 of the General Plan for the Oceanfront
District, and would be located in an area characterized by
a mix of residential and visitor-serving commercial uses.
The project will not adversely impact the area.
11. The proposed use conforms precisely to the applicable
performance standards contained in Subchapter 9.04.12 and
special conditions outlined in Subchapter 9.04.14 of the
City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that no performance standards permit is
required for a bed and breakfast facility in the R3R
District, and no special conditions apply to conditionally
permitted bed and breakfast uses.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that no other
bed and breakfast facilities currently exist in the
surrounding area.
CONDITIONS
Plans
1. This approval is for those plans dated July 31, 1995, a
copy of which shall be maintained in the files of the City
Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of
Chapter 1, Article IX of the Municipal Code, (Zoning
Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be
subject to the review and approval of the Parking and
Traffic Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
Architectural Review Board
5. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and
make any necessary changes in the project design to
achieve compliance with such requirements. The Ar-
chitectural Review Board, in its review, shall pay
particular attention to the aesthetic, landscaping, and
setback impacts of any ramps or other features
necessitated by accessibility requirements.
6. Prior to submittal of landscape plans for Architectural
Review Board approval, the applicant shall contact the
Department of General Services regarding urban runoff
plans and calculations.
7. Construction period signage shall be subject to the
approval of the Architectural Review Board.
8. Plans for final design, landscaping, screening, trash
enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
9. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian
orientation and amenities; scale and articulation of
design elements; exterior colors, textures and materials;
window treatment; glazing; and landscaping.
10. Landscaping plans shall comply with Subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
11. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate
to meet on-site need, including recycling. The
Architectural Review Board in its review shall pay
particular attention to the screening of such areas and
equipment. Any rooftop mechanical equipment shall be
minimized in height and area, and shall be located in such
a way as to minimize noise and visual impacts to
surrounding properties. Unless otherwise approved by the
Architectural Review Board, rooftop mechanical equipment
shall be located at least five feet from the edge of the
roof. Except for solar hot water heaters, no residential
water heaters shall be located on the roof.
Fees
12. A Park and Recreation Facilities Tax of $200.00 per guest
room shall be due and payable at the time of issuance of a
building permit for the construction or placement of the
residential unit(s) on the subject lot, per and subject to
the provisions of Section 6.80.010 et seq. of the Santa
Monica Municipal Code.
Demolition
13. Until such time as the demolition is undertaken, and
unless the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy surveil-
lance of the property to the satisfaction of the Building
and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and
maintained until demolition occurs.
14. Unless otherwise approved by the Community and Cultural
Services Department and the Planning Division, at the time
of demolition, any street trees shall be protected from
damage, death, or removal per the requirements of
Ordinance 1242 (CCS).
15. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permitted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
16. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
17. No demolition of buildings or structures 50 years of age
or older shall be permitted until the end of a 60-day
review period by the Landmarks Commission to determine
whether an application for landmark designation shall be
filed. If an application for landmark designation is
filed, no demolition shall be approved until a final
determination is made by the Landmarks Commission on the
application.
Construction
18. Unless otherwise approved by the Department of
Environmental and Public Works Management, all sidewalks
shall be kept clear and passable during the grading and
construction phase of the project.
19. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as
determined by the Department of Environmental and Public
Works Management shall be reconstructed to the
satisfaction of the Department of Environmental and Public
Works Management. Approval for this work shall be
obtained from the Department of Environmental and Public
Works Management prior to issuance of the building
permits.
20. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
21. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Community
and Cultural Services Division and the Department of
Environmental and Public Works Management. No street tree
shall be removed without the approval of the Community and
Cultural Services Division.
22. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of
Environmental and Public Works Management prior to is-
suance of a building permit. The approved mitigation plan
shall be posted on the construction site for the duration
of the project construction and shall be produced upon
request. As applicable, this plan shall 1) Specify the
names, addresses, telephone numbers and business license
numbers of all contractors and subcontractors as well as
the developer and architect; 2) Describe how demolition of
any existing structures is to be accomplished; 3) Indicate
where any cranes are to be located for
erection/construction; 4) Describe how much of the public
street, alleyway, or sidewalk is proposed to be used in
conjunction with construction; 5) Set forth the extent and
nature of any pile-driving operations; 6) Describe the
length and number of any tiebacks which must extend under
the property of other persons; 7) Specify the nature and
extent of any dewatering and its effect on any adjacent
buildings; 8) Describe anticipated construction-related
truck routes, number of trucktrips, hours of hauling and
parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction
activity beyond normally permitted hours is proposed; 11)
Describe any proposed construction noise mitigation mea-
sures; 12) Describe construction-period security measures
including any fencing, lighting, and security personnel;
13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public
streets for parking; 15) List a designated on-site
construction manager.
23. A sign shall be posted on the property in a manner
consistent with the public hearing sign requirements which
shall identify the address and phone number of the owner
and/or applicant for the purposes of responding to
questions and complaints during the construction period.
Said sign shall also indicate the hours of permissible
construction work.
24. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during
construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of
the copy.
Environmental Mitigation
25. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.) Automatic shutoff faucets shall be
installed on all sinks unless otherwise approved by the
Environmental and Public Works Management Department.
26. To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, project owner shall submit a
recycling plan to the Department of Environmental and
Public Works Management for its approval. The recycling
plan shall include 1) list of materials such as white
paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated
recycling coordinator; 4) nature and extent of internal
and external pick-up service; 5) pick-up schedule; 6) plan
to inform tenants/ occupants of service.
Miscellaneous Conditions
27. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
28. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the
significance of the survey findings and appropriate
actions and requirements, if any, to address such
findings.
29. Street and/or alley lighting shall be provided on public
rights-of-way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of Environmental and Public Works Management.
30. Mechanical equipment shall not be located on the side of
any building which is adjacent to a residential building
on the adjoining lot. Roof locations may be used when the
mechanical equipment is installed within a soundrated
parapet enclosure.
31. Final approval of any mechanical equipment installation
will require a noise test in compliance with SMMC section
4.12.040. Equipment for the test shall be provided by the
owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the noise test results on
mechanical equipment shall be submitted to the Community
Noise officer for review to ensure that noise levels do
not exceed maximum allowable levels for the applicable
noise zone.
32. Final building plans submitted for approval of a building
permit shall include on the plans a list of all permanent
mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed indoors which
may be heard outdoors.
Validity of Permits
33. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further
permits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
34. Within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall sign
and return a copy of the Statement of Official Action
prepared by the Planning Division, agreeing to the
Conditions of approval and acknowledging that failure to
comply with such conditions shall constitute grounds for
potential revocation of the permit approval. By signing
same, applicant shall not thereby waive any legal rights
applicant may possess regarding said conditions. The
signed Statement shall be returned to the Planning Di-
vision. Failure to comply with this condition shall
constitute grounds for potential permit revocation.
35. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by
the Zoning Administrator. The approval of this permit
shall expire one year from the permit's effective date,
unless, in the case of new development, a building permit
has been obtained, or in the case of a change of use, a
business license has been issued and the use is in
operation prior to the permit expiration date. One three-month extension of the one year period may be permitted if
approved by the Director of Planning. Applicant is on
notice that time extensions may not be granted if
development standards relevant to the project have become
more restrictive since project approval.
Special Conditions
36. Prior to submission to the Architectural Review Board, the
applicant shall revise the fence heights on the plans such
that, within the front yard setback, no fence shall exceed
42" in height. In addition, the location of four required
on-site bicycle parking spaces shall be shown on the
plans.
37. Prior to issuance of a building permit, the applicant
shall submit to staff an operational plan indicating that
the bed and breakfast facility will be operated
independently from other lodging facilities in the area.
38. Prior to submission to issuance of a building permit, an
easement shall be recorded allowing the driveway to the
subject lot to be shared with the adjacent lot.
39. Rooms in the subject facility shall be rented based on a
nightly rate and shall be for short-term use only.
40. Owners shall participate in any neighborhood watch program
in the area.
VOTE
Ayes: Abdo, Genser, Ebner, Greenberg, Holbrook, O'Connor,
Rosenstein
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code of Civil Procedure Section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurate-
ly reflects the final determination of the City Council of the
City of Santa Monica.
signature date
Maria Stewart, City Clerk
I hereby agree to the above conditions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
Applicant's Signature
Print Name and Title