SR-400-08-04
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JCllYOf
Santa Monica.
City Council Report
City Council Meeting: November 28, 2006
Agenda Item: "7c,
To:
From:
Subject:
Mayor and City Council
Eileen P. Fogarty, Director of Planning and Community Development
Ordinance for Introduction and First Reading to amend Santa Monica
Municipal Code (SMMC) Section 9.04.08.06.020 to raise the maximum
number of guest rooms that can be added to an existing hotel in the R2
and R3 districts.
Recommended Action
It is recommended that the City Council introduce for first reading an ordinance
modifying Santa Monica Municipal Code (SMMC) Section 9.04.08.06.020 to raise the
maximum number of guest rooms that can be added to an existing hotel in the R2 Low
Density Multiple Residential and R3 Medium Density Multifamily Residential Districts.
Executive Summary
The applicant, CH Partners Limited Partnership, has proposed a Zoning Ordinance
amendment to Santa Monica Municipal Code (SMMC) Section 9.04.08.06.020(a) to
raise the maximum number of guest rooms that could be added to an existing hotel in
the R2 and R3 Districts. The applicant submitted a Zoning Ordinance Amendment
application in conjunction with a parking variance (V AR06-012) to allow the addition of 7
guest rooms without providing additional required parking for the Hotel Oceana, located
at 849 Ocean Avenue. The parking variance was approved by the Planning
Commission on September 20, 2006 but is not valid without the approval of the
proposed ordinance. Consistent with existing regulations, an increase in the maximum
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number of guest rooms would occur through the division of existing rooms. The
proposed ordinance, as further discussed in this report, is contained in Attachment A.
The following issue should be considered by the City Council in its review of the
proposed project and is addressed in this report:
. Is the proposed ordinance, to raise the maximum number of guest rooms that
could be added to an existing hotel, consistent with the General Plan?
Background
On November 14, 1995, the City Council adopted an ordinance which amended the
Zoning Ordinance to allow hotels existing as of January 1, 1995 as a permitted use in
the R2 or R3 zone within the area bound by the centerline of Ocean Avenue to the west,
the centerline of 14th Court to the east, the centerline of Wilshire Boulevard to the south
and the centerline of Montana Avenue to the north (including those R2 and R3 parcels
on the north side of Montana Avenue within the east and west boundaries) to add up to
an additional 5% of the number of guest rooms or five rooms, whichever is less, through
the subdivision of existing rooms, provided no additional floor area was added and
parking requirements were met.
Discussion
Proposed Ordinance
The applicant proposes an amendment to Santa Monica Municipal Code (SMMC)
Section 9.04.08.06.020(a)(2) that will increase the maximum number of rooms that
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could be added to existing hotels in the R2 and R3 districts from 5% to 25%, based on
the number of rooms that existed on January 1, 1995. All other restrictions such as no
increase in existing floor area, compliance with parking requirements, and subdivision of
existing rooms would not change. The proposed ordinance would also modify SMMC
Section 9.04.08.06.020(a)(3) to require that if a parking variance for additional rooms is
requested, the applicant shall submit a parking analysis which demonstrates that the
increase in guest rooms will not result in an adverse parking impact to the surrounding
neighborhood.
Analysis
The proposed ordinance modifies the R2 and R3 district standards to allow the limited
addition of hotel rooms within an existing hotel's floor area provided that the additional
hotel rooms do not create an adverse parking impact to the surrounding residential
area. Staff has determined that two hotels are subject to the proposed ordinance - the
Hotel Oceana and the Cal Mar Hotel at 220 California Avenue. The Hotel Oceana, with
63 guest rooms, already has the maximum number of rooms permitted under the
current ordinance. Staff could not find any building permits that would indicate that the
Cal Mar Hotel has similarly added more than its existing 36 rooms.
The proposed limitation of a 25% increase in the number of rooms is based upon the
parking demand study provided by the applicant, which showed that only 43 out of 58
parking spaces are currently used when the Hotel Oceana is at full capacity. In order to
verify the parking demand stated in the report, staff conducted site visits to confirm the
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availability of parking and the study was also reviewed and accepted by the
Transportation Management Division.
The parking demand at the hotel leaves 15 parking spaces available for additional guest
rooms at a ratio of 1 space for each guest room, which is consistent with Code
requirements. Therefore, the maximum allowable increase in rooms would be 25% of
the number of rooms that existed on January 1, 1995 or 15 guest rooms, whichever is
less. While staff considered lowering the maximum number of rooms that could be
added, the 25% limitation is appropriate because it is based on the availability of on-site
parking at the Hotel Oceana. The Cal Mar Hotel currently has 31 parking spaces for 36
rooms and would not be able to add more rooms without meeting parking requirements.
The following provides a summary of the parking situation and how the proposed
ordinance would affect both hotels.
Table 1: Comparison of hotels affected by proposed ordinance
Number requested
Number existin on Janua 1, 1995
Maximum allowed with proposed ordinance
*Based on number of requested guest rooms
The proposed 25% limitation would accommodate additional guest rooms through the
subdivision of existing rooms while minimizing the parking and operational impacts from
the hotel on the surrounding area.
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As the Hotel Oceana had 60 guest rooms on January 1, 1995, this would allow the hotel
to add up to 15 guest rooms (60 x 0.25) to the property while still requiring that there be
no expansion in floor area, the increase in rooms is accomplished through the
subdivision of existing rooms, and any increase in guest rooms would require additional
parking. The proposed amendments would encourage the continued operation of two
existing hotels that have been surrounded by multi-family development for many years.
General Plan Consistency
The proposed ordinance is consistent in principle with the goals, objectives, policies,
land uses, and programs specified in the adopted General Plan in that Objective 1.1 of
the Land Use Element states that the City seeks to, "Improve the quality of life for all
residents by providing a balance of land uses consistent with fulfilling the City's role as a
regional recreational and business center..." The proposed ordinance would facilitate
the modest expansion of these important regional, visitor and business-serving uses
without causing disruption to the surrounding residential neighborhood as the expansion
in the number of rooms will be achieved through the subdivision of existing two-room
suites, without the need for an expansion in floor area. Furthermore, the hotels would
still have to comply with all Zoning Ordinance requirements and demonstrate that the
increase in the number of rooms will not result in an adverse parking impact on the
adjacent residential neighborhood if a parking variance is requested.
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Planninq Commission Action
The Planning Commission conducted a public hearing on the proposed ordinance and
associated parking variance on September 20, 2006 and voted 6-0 (1 absent) to
recommend approval of the proposed ordinance and approve the parking variance. In
its review of the project, the Commission found that the proposed ordinance is
consistent with the General Plan and is required to continue providing a balance
between visitor-serving uses and the residential character of the area. By requiring the
parking demand study if a parking variance is requested, the Commission found that the
increase in guest rooms will not result in adverse parking impacts to the surrounding
neighborhoods. The Planning Commission staff report and Statement of Official Action
can be found on-line at the following address:
http://santa-monica.orq/planninq/commission/aqendas/pc2006/ps2006092009-E . htm.
Alternatives
In addition to the recommended action, the City Council could consider the following
with respect to the project:
1 . Adopt the proposed ordinance with modified text language and findings.
2. Direct staff to return with a revised ordinance with modified text language
based on Council's direction; or
3. Disapprove the proposed ordinance.
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Environmental Analysis
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 of the State CEQA Guidelines whereas the project consists of interior
modeling that would result in the creation of 7 additional guest rooms without an
increase in floor area and the proposed text amendment would not result in reasonably
foreseeable impacts as future projects in the R3 zone would require individual
environmental review. The project does not involve the demolition of any structures
over 40 years old and the subject property is not listed on the Historic Resources
Inventory.
Public Outreach
The public notice for this project was published in the Santa Monica Daily Press and
mailed to all property owners and occupants within 300 feet of the subject property.
The applicant met with the Wilshire-Montana Neighborhood Coalition (Wilmont) on
September 18, 2006 and has also met with the adjacent Homeowners Association to
explain the scope of the project and address concerns.
Budget/Financial Impact
Approval of the text amendment will enable renovation of the hotel. An incremental
increase in transient occupancy taxes may result from the renovation, though the
amount cannot be determined at this time.
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Prepared by:
Jing Yea, AICP, Senior Planner
Approved:
Attachments
A. Proposed Ordinance
Forwarded to Council:
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ATTACHMENT A
Proposed Ordinance
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f: \atty\mu n i\laws \barry\hotelg uestrooms2. doc
City Council Meeting 11-28-06
Santa Monica, California
ORDINANCE NUMBER
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.08.06.020 TO INCREASE THE LIMITATION ON THE NUMBER OF GUEST
ROOMS THAT CAN BE ADDED TO AN EXISTING HOTEL IN THE R2 and R3
DISTRICTS
WHEREAS, Santa Monica Municipal Code Section 9.04.08.06.020 authorizes
hotels existing as of January 1, 1995 in specified portions of the R2 or R3 zones to
increase the number of guest rooms by up to an additional 5% through the subdivision
of existing rooms, provided no additional floor area is added and all other Zoning
Ordinance requirements are met, including parking for the additional rooms; and
WHEREAS, on May 25, 2006, the CH Partners Limited Partnership, owner of the
Hotel Oceana located at 849 Ocean Avenue, submitted a parking variance request and
a proposed text amendment which would authorize the hotel to add seven hotel rooms
without providing additional required parking; and
WHEREAS, the proposed text amendment would increase the limitation on the
number of guest rooms that could be added to existing hotels to twenty-five percent of
the number of rooms that existed as of January 1, 1995, or fifteen room, whichever is
less; and
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WHEREAS, this text amendment would ensure that existing hotels in the R2 and
R3 districts would continue to be compatible with the surrounding residential
neighborhood while authorizing a modest expansion in the number of hotel rooms; and
WHEREAS, the proposed text amendment would establish this balance between
supporting existing regional, business and visitor-serving uses while protecting the
character of the surrounding residential area by continuing to restrict the overall
authorized increase in guest rooms, prohibiting any floor area expansion, and requiring
that the City's on-site parking requirements be met for these new rooms, or if a parking
variance is sought, that a parking analysis is submitted which demonstrates that the
increase in guest rooms will not have an adverse parking impact on the surrounding
neighborhood; and
WHEREAS, the proposed text amendment would allow the Hotel Oceana, which
has continuously operated since 1958, to add 7 additional guest rooms through the
subdivision of existing rooms without an increase in floor area; and
WHEREAS, the Planning Commission considered the proposed zoning text
amendment at a public hearing on September 20, 2006; and
WHEREAS, the Planning Commission recommended that the City Council
approve the request as modified by staff; and
WHEREAS, the City Council held a public hearing on this proposed text
amendment on November 28, 2006; and
WHEREAS, the proposed amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan in
that Objective 1.1 of the Land Use Element states that the City seeks to, "Improve the
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quality of life for all residents by providing a balance of land uses consistent with
fulfilling the City's role as a regional recreational and business center... n in that the
proposed text amendment would facilitate ,the modest expansion of these important
community-serving uses without causing disruption to the surrounding residential
neighborhood, the expansion in the number of rooms will be achieved through a
subdivision of existing rooms and not a floor area expansion, the hotels would still have
to comply with all other Code requirements and demonstrate that the increase in guest
rooms will not result in an adverse parking impact to the surrounding residential area if a
parking variance is requested.
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment to the R2 and R3 Districts in that the proposed amendment
provides a balance between supporting existing visitor-serving uses and protecting the
character of the surrounding residential area by continuing to restrict increases in guest
rooms, prohibiting floor area expansion, and mandating compliance with on-site parking
standards or requiring a parking demand study if a parking variance is requested,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
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SECTION 1. Santa Monica Municipal Code Section 9.04.08.06.020 is hereby
amended to read as follows:
Section 9.04.08.06.020. Allowed land uses.
Table 9.04-1 (Land Uses Allowed in Multiple Family
Residential Districts) identifies allowed land uses in the R2,
R3, and R4 zoning districts. Land uses designated with the
letter "P" are permitted in that district subject to standards
referenced under the Additional Land Use Regulations
column. Land uses designated with the letters "PSP" require
a Performance Standards Permit and are subject to further
standards set forth under the Additional Land Use
Regulations column. Land uses designated with the letters
"CUP" require a Conditional Use Permit and are subject to
further standards set forth under the Additional Land Use
Regulations column. Land uses designated with the letter "L"
are limited uses only authorized in accordance with the
standards set forth under the Additional Land Use
Regulations column. Land uses that have no letter
designation are not permitted in that particular district.
Rooftop parking is not permitted in any multiple family
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residential district. Any land use not specifically authorized is
prohibited.
TABLE 9.04-1
LAND USES ALLOWED IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS
LAND USE R2 R3 R4 ADDITIONAL LAND
USE REGULATIONS
Bed and breakfast facilities CUP CUP CUP 9.04.20.12
Boarding houses CUP CUP CUP 9.04.20.12
Child day care centers * CUP CUP CUP 9.04.14.030
9.04.20.12
Clubs or lodges CUP 9.04.20.12
Community care facilities * CUP CUP CUP 9.04.20.12
Congregate housing * P P P
Domestic violence shelters * P P P
Homeless shelters * CUP CUP 9.04.20.12
Hospice facilities * P P P
Hotels, existing as of 1/1/95 L L 9.04.08.06.020 (a)
Hotels with incidental businesses CUP 9.04.20.12
Large family day care homes * PSP PSP PSP 9.04.12.030
9.04.20.08
Libraries CUP CUP 9.04.20.12
Multi-family dwelling units P P P 9.04.08.06.020 (b)
Multi-family apartments where
25% of the units are 3-bedrooms
or larger, 66% of the remaining
units are 2 bedrooms or larger, and P P P
the project is registered with the
USGBC to receive a LEED rating
of silver or higher level *
Municipal parking structures CUP 9.04.20.12
Neighborhood grocery stores CUP CUP CUP 9.04.14.080
9.04.20.12
Offices and meeting rooms for
charitable, youth and welfare CUP CUP CUP 9.04.20.12
organizati ons
One story accessory buildings over 9.04.08.06.020 (c)
14 feet in height or two story CUP CUP CUP 9.04.10.02.110
accessory buildings up to a 9.04.14.110
maximum height of 24 feet 9.04.20.12
One-story accessory buildings and P P P 9.04.08.06.020 (c)
structures up to 14 feet in height 9.04.10.02.100
One-story accessory living PSP PSP PSP 9.04.08.06.020 (c)
quarters 9.04.08.06.020 (d)
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9.04.12.080
9.04.20.08
Places of worship CUP CUP CUP 9.04.20.12
9.04.12.060
Private tennis courts PSP PSP PSP
9.04.20.08
Public parks and playgrounds P P P
Residential care facilities * CUP CUP CUP 9.04.20.12
Rest homes CUP CUP CUP 9.04.20.12
Schools CUP CUP CUP 9.04.20.12
Senior group housing * P P P
Senior housing * P P P
Single room occupancy housing P P P
Single-family dwellings * P P P 9.04.08.06.020 (e)
Small family day care homes P P P
Transitional housing * P P P
Underground parking structures CUP CUP CUP 9.04.08.06.020 (f)
9.04.20.12
Yard sales P P P 9.04.08.06.020 (g)
* Denotes Preferred Permitted Project per Table 9.04-2. Additional Preferred Permitted
Projects include 100% affordable housing projects and projects that include the
retention and preservation of a historic resource and comply with the Secretary of
Interior's Standards for the Treatment of Historic Properties. USGBC shall mean the
United States Green Building Council for certification under the Leadership Energy and
Environmental Design Green Building Rating System (LEED).
Additional Land Use Regulations for the R2, R3, and
R4 Districts referenced in Table 9.04-1:
(a) Hotels in existence as of January 1, 1995, or
their replacement with a new hotel at an existing hotel site in
conformance with the physical development standards in
effect at the time of such replacement and located in a R2 or
R3 zone in an area bounded by the centerline of Ocean
Avenue to the west, the centerline of 14th Court to the east,
the centerline of Wilshire Boulevard to the south and the
centerline of Montana Avenue to the north, and including
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those R2 and R3 parcels on the north side of Montana
Avenue within the east and west boundaries, provided:
(1) There is no increase in the floor area of the
hotel after January 1, 1995;
(2) Any increase in the number of rooms is
accomplished through subdivision of rooms existing on
January 1, 1995 and does not exceed twenty-five percent of
the number of rooms existing on January 1, 1995, or five
fifteen rooms, whichever is less; and
(3) All other Zoning Ordinance requirements are
met, including parking requirements for any addition of
rooms after January 1, 1995. If a parkinq variance is
requested. the applicant shall be required to submit a
parkinq analysis which demonstrates that the increase in
guest rooms will not result in an adverse parkinq impact to
the surroundinq neighborhood.
(b) Residential condominiums are also subject to
the requirements set forth in subchapter 9.04.16
(Condominiums) and Chapter 9.20 (Subdivisions).
(c) Accessory buildings shall be architecturally
compatible with the principal structure(s).
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(d) One-story accessory living quarters are limited
to fourteen feet in height. A minimum parcel area of ten
thousand square feet is required.
(e) Single-family homes, including manufactured
housing, must be placed on a permanent foundation.
(f) Underground parking structures may be
conditionally permitted only if the subject parcel or parcels
were occupied by a surface parking lot at the time of
adoption of this Chapter, the parcel(s) is not adjacent to a
parcel in the C2 District, the ground level above the
underground parking structure is used for residential or
public park and open space uses, the structure is associated
with an adjacent commercially zoned parcel, and the vehicle
access to the underground parking is from the commercially
zoned parcel and as far from the residentially zoned parcel
as is reasonably possible.
(g) Yard sales are limited to two per calendar year,
for each dwelling unit, for a maximum of two days each.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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