STATEMENT OF OFFICIAL ACTION
CASE NUMBER: Conditional Use Permit 05-006; Initial Study 05-006
APPLICANT: Shangri-La Hotel
Owner: Indus Investments Company
REQUEST: Requests of the Planning Commission to approve a conditional use permit to establish a hotel as a legal conforming use within the RVC zoning district and approval of a Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring Program.
CEQA STATUS: An Initial Study/ Mitigated Negative Declaration (IS/MND) was prepared and adopted as amended by the Planning Commission on May 17, 2006. The Planning Commission adopted Resolution 06-011 (Planning Commission Series) on May 17, 2006 making the necessary findings to approve the project and adopt the Mitigated Negative Declaration and a Mitigation Monitoring Program.
PLANNING COMMISSION ACTION
May 17, 2006
Approved based on the following findings and subject to the conditions below.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: May 31, 2006
EXPIRATION DATE OF ANY PERMITS GRANTED: December 1, 2007
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: 6 months
Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
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 S.M.M.C. Section 9.04.08.12.040(e) provides that hotels are a conditionally permitted use within the Residential - Visitor Commercial (RVC) zoning district and the project will provide all code required parking.
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 the RVC zoning district is intended to provide for the expansion of coastal-related lodging and the project involves the addition of 17 rooms to an existing hotel without adding new floor area.
3. The subject parcel is physically suitable for the type of land use being proposed, in that the existing hotel was built on the subject property in 1939 and has been used predominately for hotel purposes since then; the proposed project will not change the use of the building and no additional square footage is proposed.
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 project proposes alterations to the existing hotel.
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 the hotel use has existed at the subject property since 1939 and has proven to be compatible with other existing land uses in the area, including hotels, restaurants and retail stores. In addition, a Mitigated Negative Declaration was prepared for the project and no impacts were identified that would impact land uses in the district.
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 proposed project is located in an urban area where all utilities are provided.
Public access to the proposed use will be
adequate, in that vehicular access to the site is currently provided to the
site via a one-way, north to south alley abutting the property to the east and
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 physical location of the building will not change as a result of the project.
9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the subject property is designated in the Oceanfront District and General Plan Land Use Element Objective 1.5 provides that visitor accommodations and related uses should be expanded in this district while protecting the existing residential mix. The project will add 17 new rooms to an existing 54-room hotel without adding new floor area.
The proposed use would not be detrimental to the
public interest, health, safety, convenience, or general welfare, in that the
proposed project involves a reconfiguration of interior hotel space. All code required parking will be provided
for the project. In addition, with the
inclusion of Condition Nos. 35 thru 39, the project will not impact the
historical integrity of the building because all work is required to conform to
the Secretary of the Interior’s Standards for the Treatment of Historic
Properties with the Guidelines for Preserving, Rehabilitating, Restoring, and
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 specific performance standards or special conditions for hotels are not contained in the Zoning Code.
12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the proposed project involves modifications to an existing hotel rather than establishing a new use of the property.
1. This approval is for those plans dated stamp dated May 16, 2006, 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.
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
3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.
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 Architectural 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 Environmental and Public Works Management regarding urban runoff plans and calculations.
7. Construction period signage shall be subject to the approval of the Architectural Review Board.
Plans for final design, landscaping, screening,
trash enclosures, and signage shall be subject to review and approval by the
Architectural Review Board. In addition,
the Board shall pay particular attention to the landscaping and screening of
the surface parking lot located at
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. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.
11. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.
12. Refuse areas, storage areas and mechanical equipment shall be 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.
Street trees shall be maintained, relocated or
provided as required in a manner consistent with the City’s Community Forest
Management Plan 2000, per the specifications of the Open Space Management
Division of the Community and Cultural Services Department and the City’s Tree
Code (SMMC Section 7.40).
14. 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.
15. 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.
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.
Immediately after commencing dirt removal from the site, the general
contractor shall provide the City of
17. 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.
18. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program.
19. 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.
20. 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.)
21. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following:
· Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site;
· An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;
· Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties;
· Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site;
· Drainage controls may be required depending on the extent of grading and topography of the site.
· New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods.
22. 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.
23. 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.
24. 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.
25. 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.
26. Prior to issuance of a Final Inspection the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation.
Validity of Permits
27. 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.
28. 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 City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
29. The Planning Commission’s approval, conditions of approval, or denial of this application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. The approval of this permit shall expire if the rights granted are not exercised within eighteen (18) months from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060, or if the rights granted are not exercised within 18 months following the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no certificate of Occupancy is required, the last required final inspection for the new construction. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or the development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer.
Applicant is advised that projects in the
California Coastal Zone may need approval of the California Coastal Commission
prior to issuance of any building permits by the City of
Monitoring of Conditions
31. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Fire Department, the Police Department, the Community and Economic Development Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions.
32. All ancillary uses located within the hotel shall be used exclusively by hotel guests.
Prior to the issuance of a building permit, the
owner shall provide documentation acceptable to the City ensuring that 16
parking spaces are maintained on the abutting surface parking lot located at
34. Prior to the issuance of a building permit, the owner shall provide documentation acceptable to the City ensuring that the properties located at 1301 and 1307 Ocean Avenue are tied together to create a single building site.
Cultural Resource Conditions
35. Any maintenance, repair, stabilization, rehabilitation, restoration, conservation or reconstruction work proposed for the building shall be conducted in a manner consistent with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” by Weeks and Grimmer, 1995 (the Standards). Such work, prior to its implementation, shall be reviewed for compliance with the Standards and, if utilized, the State Historical Building Code. by an historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, or Architecture, pursuant to 36 CFR 61. Prior to the approval of the proposed work and issuance of relevant building permits, the historic preservation professional shall advise City staff in writing as to the compatibility of the proposed project in relationship to the Standards and shall also advise City building officials in the application of the State Historical Building Code
36. Consistent with the Secretary of the Interior’s Standards for Rehabilitation, any new work proposed shall be differentiated from the old, yet compatible in terms of design, materials, color, texture, finishes, and features.
37. The addition of landscape features around the entrance ramp proposed for the north elevation of the building shall be added to soften the overall aesthetic appearance of the structure adjacent to the historic resource.
38. The removal of the window frames specified on the project plans shall not be removed from the building until all plans have been approved and the project entitled.
39. Prior to the removal of the window features along the north, east, and south elevations of the building, photographic documentation shall be prepared that records these features in their current location. Additionally, these features shall be itemized, photographed in 35mm black and white or digital format, and salvaged for later use in the building. All of the windows shall be stored on site in perpetuity. Taking into account the limited amount of space on the site, as well as the windows’ materials, type, size, and location the method of storage for these features shall be determined by a historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, or Architecture, pursuant to 36 CFR 61 in consultation with the City and the Applicant. The physical removal and packaging of these windows for storage shall be monitored by the preservation professional. The actual schedule of such monitoring efforts shall be developed by the preservation professional in concert with the City and Applicant. The salvage efforts of the windows shall be documented by the preservation professional in a report filed with the City and Applicant and Applicant that summarizes all measures taken to remove and store the window features.
Resolution Adopting Mitigated Negative Declaration and Mitigation Monitoring Program
Ayes: Brown, Clarke, Dad, Johnson, Koning, O’Day,Pugh
Conditional Use Permit 05-006
Ayes: Brown, Clarke, Dad, Johnson,Koning, O’Day, Pugh
If this is a final decision not subject to further
appeal under the City of
hereby certify that this Statement of Official Action accurately reflects the
final determination of the Planning Commission of the City of
Gwynne Pugh Date
Acknowledgement by Permit Holder
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