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sr-041310-6aCity Council Meeting: April 13, 2010 Agenda Item: (~ To: Mayor and City Council From: Eileen P. Fogarty, Director of Planning and Community Development Subject: Appeal of Planning Commission approval of a Conditional Use Permit to operate a bed and breakfast facility at 2219 Ocean Avenue Recommended Action Staff recommends the City Council deny appeal 09APP-014 and uphold the- Planning Commission's approval of Conditional Use Permit 09-005 for the operation of a bed and breakfast facility at 2219 Ocean Avenue based on the draft findings and subject to the conditions contained in this staff report. Executive Summary On December 2, 2009, the Planning Commission approved a Conditional Use Permit to allow the operation of a bed and breakfast facility in a designated City Landmark, commonly referred to as the "Cottage", in the Ocean Park neighborhood. This approval vuas subject to conditions to specifically address operational and neighborhood compatibility concerns. As approved, the proposed bed and breakfast would not function in the typical manner most often associated with this type of accommodation. Rather, the guests will occupy the building for their exclusive use during a specified period, but typically less than thirty days. In addition, the provision of a breakfast meal would be optional; and, owners/staff would have a limited presence on-site during a guest's occupancy.-The applicant/owners intend on remaining the primary occupants of the structure, however, they agreed to restrict the number of days that the building may function as a bed and breakfast facility to less than half of a year. The decision of the Planning Commission was appealed on December 11, 2009 by an adjacent neighbor. Background The Cottage is situated on the east side of Ocean Avenue, south of Pacific Street, in the Ocean Park neighborhood of the City, across from Crescent Bay Park, and enjoys unobstructed access and views of the beach and Pacific Ocean. The property is improved with aone-story vernacular Craftsman beach house and a detached two-car garage. The residence was constructed in 1905. It was designated a City Landmark on June 26, 2007, by the City Council on appeal, as representative of early beach resort and residential development patterns in the City's Ocean Park neighborhood of the early part of the Twentieth century. The property is situated in the Ocean Park Medium Multiple Residential (OP3) district, where a "bed and breakfast facility" may be permitted through the granting of a Conditional Use Permit. Santa Monica Municipal Code (SMMC) Section 9.04.02.030.135 defines a bed and breakfast facility as "a building or portion thereof which is used as a temporary lodging place for individuals generally for less than thirty consecutive days, and which does not have more than four guest rooms and one kitchen." The applicant has submitted a floor plan which, after some interior modifications, will comply with this definition. Short-term rental housing, which is housing for use by individuals for more than 30 days but whom otherwise intend their occupancy to be temporary and maintain a permanent place of residence elsewhere, is not permitted in the City. The Professional Association of Innkeepers International (PAII) defines a bed and breakfast as a form of lodging where an actual breakfast meal is served to guests. This organization further suggests that staff members and/or owners are typically on-site to 2 The "Cottage" - A Designated City Landmark at 2219Ocean Avenue assist guests and manage the operation. However, the City's Zoning Ordinance does not mandate any operational approach. The proposed bed and breakfast use would be consistent with specific policies of the Historic Preservation Element of the General Plan, in that in a bed and breakfast facility represents an adaptive reuse of an historic resource which is encouraged as a means of protecting the City's cultural resources (Policy 4.1.3). In addition, the semi-public nature of a bed and breakfast facility increases exposure of one of the City's historic resources to the general population which will further the policy of integrating historic preservation into economic strategies through the promotion of the City's historic places (Policy 6.3.1), and the policy of increasing public awareness of the City's history as a means of protecting historic and cultural resources (Policy 4:5.2). Furthermore, the proposed use is consistent with current Land Use Element Objectives and Policies (Policy 1.1) in that, the bed and breakfast facility helps fulfill the City's role as a regional recreational and business center. Discussion Operations Description The applicants propose to provide temporary lodging facilities in the City by requesting a Conditional Use Permit for the intermittent operation of a bed and breakfast facility in "the Cottage", a 1905 vernacular Craftsman beach cottage, that was designated a City Landmark in 2007. Although the term "bed and breakfast" implies a transient use with high turn-over, in this case, the owners will remain the primary occupants. No exterior changes to the structure are proposed as part of this application. The building will remain aone-story single-family residential cottage surrounded by multi-story, multi- family residential development. Guided by input received from the neighborhood, City staff and the applicant team worked cooperatively toward refining the operation. The applicant also voluntarily created a management plan/operations manual that clearly establishes rules and parameters to minimize impacts to the neighborhood, including: 3 • Registered occupancy does not exceed eight people (plus one infant), and no more than two related or acquainted families may occupy at any given time and must do so under a single agreement. The maximum occupancy for guests' gatherings is 20 persons, inclusive of registered guests; • Rooms will not be offered separately to different parties; • The bed and breakfast kitchen will be made available to guests for use. However, the property owners have agreed to arrange for delivery of a daily breakfast from a local facility. (Note: This provision was made optional by Planning Commission action). • Targeted marketing to retirees, families with children, and persons affiliated with the entertainment industry as potential guests. • Parking limitations to allow no more than two automobiles for registered guests on-site. • Establishment of "quiet hours" from 11:00 p.m. to 9:00 a.m. • Prohibiting the operation of stereos, boom boxes, amplified i-Tune docking units, and radios outdoors. • No amplified musical instruments will be permitted at anytime, anywhere on the premises. • No smoking will be permitted inside or outdoors in the yard. • A management company will be available and on-call during all hours to assist guests or to address neighborhood-related disputes. Compliance with the management plan/operations manual is a condition of approval. One of staff's concerns with the operation was the potential impacts on the neighborhood, due to heightened transiency that occurs with temporary lodging facilities. Although the applicants have stated that the proposed bed and breakfast facility will be an intermittent use, and it is their intent to occupy the building for a considerable amount. of time in any given year, the proposed operations manual was not specific in imposing a limitation on the number of days the building may operate as . a bed and breakfast facility. A recommended condition of approval would cap the number of days to 182 in any given calendar year. In doing so, the owners would remain the primary tenants of the building. 4 Plannina Commission Action On December 2, 2009, the Planning Commission conducted a public hearing to consider the requested Conditional Use Permit. After receiving a staff report, testimony from the applicant team, and hearing comments from 12 members of the public, the Planning Commission deliberated the advantages and disadvantages of the proposed bed and breakfast facility, and debated the impacts to surrounding neighbors. The result was a four to three decision in support of the Conditional Use Permit to allow the operation of the bed and breakfast. Additional conditions of approval were imposed to reduce potential neighborhood impacts including, but not limited to: • Limiting the number of days in any given year that the residence may operate as abed and breakfast facility to 182, • .Requiring the submission of a compliance report that documents the bed and breakfast facility's operation relative to all applicable conditions of approval and describing any issues associated with its operation. After the first year of operation and initial report, follow-up reports will be due every two years, • Requiring on-site management of the property for a minimum of four hours per day (two hours in the morning and two hours in the afternoon), • Installation of a security camera to monitor outdoor activities. As evidenced in the attached. Statement of Official Action, the applicant for the bed and breakfast agreed to all conditions of approval stipulated by the Planning Commission on December 2, 2009. Appeal Analysis Appeal Summary Mr. Scott Spell, a resident of the immediate neighborhood, filed a timely appeal of the Planning Commission's action on December 11, 2009 (Attachment A). The appeal broadly raises a concern with the appropriateness of the bed and breakfast approval and the conditions approval. In addition, the appellant believes that the request is non- compliant with Code requirements regarding parking and the existence of two kitchens within the building. 5 Apbeal Issues Parking The Municipal Code does not specify parking requirements for .bed and breakfast facilities. Per SMMC 9.04.10.08.03(f), the Zoning Administrator and Parking and Traffic Engineer shall determine requirements based on the requirements for similar type of uses. In this case the standards for hotel/motel operations (one parking space per guest room) were applied given the similarities of uses. As the existing residence has four bedrooms, the use would require the provision of four on-site spaces. Four spaces are available on-site. In addition, based on the proposed operations manual where no more than two families will be allowed, and no more than two vehicles are allowed for a registered party, adequate parking to support the use will be available on-site. Two Existing Kitchens Staff acknowledges that the current floor plan for the building contains two kitchen areas. As noted earlier in this report, this is contrary to the City's definition for a bed and breakfast facility. Consequently, prior to commencing operation of the bed and breakfast, one of the kitchens will have to be removed. In .order to provide more certainty of the required floor plan redesign, condition of approval #1 requires the applicant to make the appropriate alterations and have staff inspect the premises verifying the existence of only one kitchen prior to the issuance of a business license. 6 Rear of 2219 Ocean Avenue ~l•a~. .._.._ 3FD2'._._. _ ... __. ,__..._ _~._~..~_ _s..- ._..e ~`s `~ i ~ BEDROOM .BATH OBDRODY $ BATR G _r5 ~ .Y .'Y _ 3P'3^.VF . _ S Ape„ _ - ~'- I -__ BEDROOM DTBDY 1 j LrvIYGRDDY BATH l ~ B ~ ~ ~ ~ EYTkY LIYIxDHaDY BEDRDOM RITDMEY LAUYpRY r I_ .. .. - ~ -~ .en.., r -°° _. ta',fl ur .__ .. Proposed Floor Plan - 2219 Ocean Avenue Environmental Analysis The project is categorically exempt from the provisions of CEQA, pursuant to Section 15303 (Class 3), Conversion of an Existing Structure, in that the project involves the intermittent short term rental of a residential dwelling (bed and breakfast facility) where no expansion or exterior changes to the building are proposed. Public Outreach In advance of Planning Commission consideration of the request and at the recommendation of City staff, two community meetings were held on September 17, 2009 and on October 28, 2009 to introduce and discuss the proposal with the local neighborhood. Many of those in attendance expressed concern with the impacts and neighborhood compatibility issues. One of the positive results of this input was the realization that a detailed operations manual, that clearly establishes rules and parameters to minimize impacts to the neighborhood, would need to be developed. The applicant willingly prepared and presented such a plan. Although it addressed many of the neighborhood's (and staffs) issues with the operation of a bed and breakfast facility, 7 outstanding neighborhood concerns remain specific to operations, noise, and loss of neighborhood spirit. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing for this appeal was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. Financial Impacts & Budget Actions The proposed project has minor impacts on City revenues received from Transient Occupancy Taxes collected with temporary lodging facilities. Prepared by: Scott Albright, AICP, Senior Planner Approved: Forwarded to Council: Fi e n .Fog y Rod Gould Director, Pl~nn g ommunity City Manager Development Cs Attachments A. Appellant's Appeal Statement B. Draft City Council Findings and Conditions: C. December 2, 2009 Planning Commission Statement of Official Action D. December 2, 2009 Planning Commission Staff Report and Attachments s ATTACHMENT A Appellant's Appeal Statement Electronic version of attachment is not available for review. Document is available for review at the City Clerk's Office and the Libraries. ity of ~~t~t~ ®63~~~ Planning and Community Development Department City Planning Division c~~yai' _ (310}458-8341 Sa.ieta h~onsca AP.REAL FORM (Please Type or Print all Information) Application Number Fi[ed: ~ 1 [ l 6 ~} APPELLANT NAME: APPELLANT ADDRESS: a`~I ~~-~~+l~V/G~~~--ID~ Su~dC~-q~~-S CONTACT PERSON: Phone: 3l0 ~~~~~~ (all correspondence will be mailed to this address} Address: PROJECT CASE NUMBER(S).: ~(/~ -~a~S __ PROJECT ADDRESS: ~I~.~_~~1 ~r/ APPLICANT: ~~ixJ I~P.PG~ ORIGINAL HEARING. DATE: ~ a-"o~--~°~ ACTION BEING APPEALED: `I~ ICwn~~WGj inns '<Gt~.l r,E~'~~-~17~i Please state the specific reason(s) for the appeal (use separate sheet if necessary): Is the appeal dated to the discretionary action and findings issued for the proposed project? Yes No If yes, explain: is the appeal related to the conditions of approval? Yes _ No If yes, which conditions and why: Is 4he appeal related to design issues? ,_ Yes r~No If yes, explain: is the appeal related to compatibilit issues such as building height, massing, pedestrian orientation, etc.? ._ Yes - No If yes, explain: Is the appeal related to non-compliance with the Santa Monica Municiw thCand wht/es No If yes, which Code section(s) does the project not comply Y~ ~.! Is the appea! related to environmental impacts associated with the project? _Yes `l' No If yes, explain: is the appeal related to other issues? ~ Yes - No If yes, explain: i APPELLANT SIGNATURE: NOTE: A hearing date on the appeal will not be scheduled until sufficient information regarding o ,basis for the appeal has been -«ceived to enable City Plahning Division staff ~~ prepare the required- analysis fo,. ,pie staff report. ATTACHMENT B Draft City Council Findings and Conditions DRAFT FINDINGS & CONDITIONS CONDITIONAL USE PERMIT 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 pursuant to Santa Monica Municipal Code (SMMC) Section 9.04.08.52.040(a) "bed and breakfast facilities" are permitted in the Ocean Park Medium Multiple Residential District (OP3) subject to the approval of a Conditional Use Permit as specified in SMMC Section 9.04.10.18. 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 existing residential structure will remain owner-occupied for most of the year and the bed and breakfast facility will be an intermittent use. In addition, the applicants have prepared an operations manual which is a component of the project-that clearly establishes rules and parameters to minimize impacts to the neighborhood including the establishment of quiet hours, time limitations on bed and breakfast use, occupancy restrictions, parking limitations and noise attenuation measures. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the "bed and breakfast" is proposed in an existing one-story vernacular Craftsman beach cottage that is designated as a City Landmark. The building is situated on the eastside of Ocean Avenue, across from Crescent Bay Park, and enjoys unobstructed access and views of the beach and Pacific Ocean. Since bed and breakfast facilities are typically sited in areas with unique ambiance and surroundings and are located within architecturally interesting or historic structures, the physical location of the use is appropriate. 4. The site is served by all necessary public improvements and access to utilities. 5. 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 in that the subject site currently contains aone-story vernacular Craftsman beach cottage that is designated as a City Landmark with a detached two-car garage in the rear and will be used primarily as asingle-family residence. The building floor plan is such 10 that it meets the definitional requirements fora "bed and breakfast facility" in that it has a maximum of four bedrooms and a single kitchen within the interior. The four on-site parking spaces is an appropriate amount of parking to support the use of the building as a bed and breakfast. 6. 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 building will remain aone-story residential cottage surrounded by multi-story, multi-family residential development. The bed and breakfast facility will be an ancillary use of the property with the property owners being the primary occupants of the structure for much of the year.. As conditioned, the bed and breakfast facility will not adversely affect neighborhood compatibility by limiting the use to less than half of a calendar year, limiting guest vehicles to two, and enforcement of self-imposed operational restrictions. 7. 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 property is located within an urbanized environment that is adequately served by existing public facilities and infrastructure. 8. Public access to the proposed use will be adequate, in that the subject parcel is sited along Ocean Avenue, where vehicular and pedestrian access is provided via a public sidewalk ahd street. Vehicular access to the site is also available from a public rear alley (Ocean Court). In addition, the bed and breakfast facility is within walking distance to the commercial district along Main Street, Crescent Bay Park, and the Pacific Ocean beachfront areas. 9. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood in that no exterior changes to the structure are proposed and only minor interior alterations are planned. 10. The proposed use is consistent with the goals, objectives, and policies of the Historic Preservation Element of the General Plan, in that in that bed and breakfast facility represents an adaptive reuse of an historic resource which is encouraged as a means of protecting the City's cultural resources (Policy 4.1.3). In addition, the semi-public nature of a bed and breakfast facility will increase the exposure of one of the City's historic resources to more of the general population which will further the goals and policy of integrating historic preservation as part of economic strategies, through the promotion of the City's historic places (Policy 6.3.1); and, increasing public awareness of the City's history as a means of protecting historic and cultural resources (Policy 4.5.2). In addition, the proposed project is consistent with the Land Use Element Objective which, in part, acknowledges the City's role as a regional recreational center. 11. The proposed use would not be detrimental to the public interest, health, safety, 11 convenience, or general welfare, in that the project applicants have prepared an operations manual which is an integral component of the project that clearly establishes rules and parameters to minimize impacts to the neighborhood, including occupancy limitations., nuisance and noise abatement measures, parking restrictions, and establishing a 24-hour emergency/complaint contact person and phone number. 12. 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 a performance standard permit is not required for a bed and breakfast facility and the Code does not specify any special operating conditions. 13. The proposed use will not result in an over concentration of such uses in the immediate vicinity, in that there are no other legal bed and breakfast facilities operating within the neighborhood. CONDITIONS OF APPROVAL: 1. Prior to the issuance of a business license, the applicant shall obtain all necessary. permits and complete any and all necessary interior alterations to ensure that only one kitchen remains in the building. The building shall be inspected by City staff to verify compliance prior to the issuance of a business license. 2. The rules, regulations and operating conditions described in the proposed operations manual as prepared by the applicant, as revised and dated November 18, 2009, attached. herein, and as amended by Planning Commission and City Council action shall be in full force at any time the residence is operated as a bed and breakfast facility. A revised operations manual shall be reviewed and approved City staff prior to the issuance of a business license. 3. The daily provision of breakfast service to guests in the morning hours shall be optional. 4. The maximum number of days in any given year that the residence may operate as a bed and breakfast shall not exceed 182. 5. When operational as a bed and breakfast, no more than two automobiles for guests are permitted on-site. 6. Prior to the issuance of a business license for the bed and breakfast facility, the applicant shall revise the site plans showing the dedication of space for the on- site parking of bicycles. 12 7. Following the first anniversary of the bed and breakfast facility's operation, the applicant shall be required to submit for Planning Commission review, a compliance report and all necessary documentation (such as receipts, bills, contracts, etc.) that demonstrates compliance with all conditions of approval and operational restrictions that have been imposed, and details and describes any code compliance issues associated with the operation of the bed and breakfast facility. After the first year, the compliance report shall be submitted every two years. The compliance report shall be due within 30 days of the anniversary date.. 8. When operational as a bed and breakfast, the applicant and/or his designee shall be required to conduct daily inspections/monitoring of the property for a minimum of four hours per day (two hours in the morning and two hours in the afternoon). 9. Prior to the issuance of a business license for the bed and breakfast facility, the applicant shall be required to install a security camera to monitor outdoor activities, when operational as a bed and breakfast facility. 10. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. 11. Within ten days of City 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 City 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. 12. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. 13. 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. 14. 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. 15. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). 13 The applicant authorizes reasonable City inspection of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval. 14 ATTACHMENT C December 2, 2009 Planning Commission Statement of Official Action 15 man PROJECT INFORMATION CASE NUMBER: LOCATION: APPLICANT: PROPERTY OWNER: CASE PLANNER: Conditional Use Permit 09-005 2219 Ocean Avenue John K. Heidt John and Donna Heidt Scott Albright, Senior Planner REQUEST: The applicant is requesting a Conditional Use Permit (CUP) to allow the intermittent operation of a bed and breakfast facility. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.04.08.52.040(a) "bed and breakfast facilities" are permitted in the Ocean Park Medium Multiple Residential District (OP3) subject to the approval of a Conditional Use Permit. CEQA STATUS: The project is categorically exempt from the provisions of CEQA, pursuant to Section 15303 (Class 3), Conversion of Small Structures, in that the project involves the intermittent short term rental of a residential dwelling as abed and breakfast facility and where no expansion or exterior changes to the buildin are proposed. PLANNING COMMISSION ACTION December 2, 2009 X Determination Date Approved based on the following findings and subject to the conditions below. Denied. Other: 16 EFFECTIVE DATES OF ACTIONS IF December 17, 2009 NOT APPEALED: EXPIRATION DATE OF ANY PERMITS April 17, 2011 GRANTED: LENGTH OF ANY POSSIBLE 6 months EXTENSION OF EXPIRATION DATES*: Any request for an extension of the expiration date must be received in the City Planning Division 30 days 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. FINDINGS: CONDITIONAL USE PERMIT 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 pursuant to Santa Monica Municipal Code (SMMC) Section 9.04.08.52.040(a) "bed and breakfast facilities" are permitted in the Ocean Park Medium Multiple Residential District (OP3) subject to the approval of a Conditional Use Permit as specified in SMMC Section 9.04.10.18. 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 existing residential structure will remain owner-occupied for most of the year and the bed and breakfast facility will be an intermittent use. In addition, the applicants have prepared an operations manual which is a component of the project that clearly establishes rules and parameters to minimize impacts to the neighborhood including the establishment of quiet hours, time limitations on bed and breakfast use, occupancy restrictions, parking limitations and noise attenuation measures. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the "bed and breakfast" is proposed in an existing one-story vernacular Craftsman beach cottage that is designated as a City Landmark. The building is situated on the eastside of Ocean Avenue, across from Crescent Bay Park, and enjoys unobstructed access and views of the beach and Pacific Ocean. Since bed and breakfast facilities are typically sited in areas with unique ambiance and surroundings and are located within architecturally interesting or historic structures, the physical location of the use is appropriate. 17 4. The site is served by all necessary public improvements and access to utilities. 5. 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 in that the subject site currently contains aone-story vernacular Craftsman beach cottage that is designated as a City Landmark with a detached two-car garage in the rear and will be used primarily as asingle-family residence. The building floor plan is such that it meets the definitional requirements fora "bed and breakfast facility" in that it has a maximum of four bedrooms and a single kitchen within the interior. The four on-site parking spaces is an appropriate amount of parking to support the use of the building as a bed and breakfast. 6. 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 building will remain aone-story residential cottage surrounded by multi- story, multi-family residential development. The bed and breakfast facility will be an ancillary use of the property with the property owners being the primary occupants of the structure for much of the year. As conditioned, the bed and breakfast facility will not adversely affect neighborhood compatibility by limiting the use to less than half of a calendar year, limiting guest vehicles to two, and enforcement of self-imposed operational- restrictions. 7. There are adequate provisions.for water, sanitation, and public utilities and services Co ensure that the proposed use would not be detrimental to public health and safety, in that the subject property is located within an urbanized environment that is adequately served by existing public facilities and infrastructure. 8. Public access to the proposed use will be adequate, in that the subject parcel is sited along Ocean Avenue, where vehicular and pedestrian access is provided via a public sidewalk and street. Vehicular access to the site is also available from a public rear alley (Ocean Court). In addition, the bed and breakfast facility is within walking distance to the commercial district along Main Street, Crescent Bay Park, and the Pacific Ocean beachfront areas. 9. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood in that no exterior changes to the.structure are proposed and only minor interior alterations are planned. 10. The proposed use is consistent with the goals, objectives, and policies of the Historic Preservation Element of the General Plan, in that in that bed and breakfast facility represents an adaptive reuse of an historic resource which is encouraged as a means of protecting the City's cultural resources (Policy 4.1.3). In addition, the semi-public nature of a bed and breakfast facility will increase the exposure of one of the City's historic resources to more of the general population which will further the goals and policy of integrating historic preservation as part of economic strategies, through the promotion of the City's historic places (Policy 6.3.1); and, increasing 18 public awareness of the City's history as a means of protecting historic and cultural resources (Policy 4.5.2). In addition, the proposed project is consistent with the Land Use Element Objective which, in part, acknowledges the City's role as a regional recreational center. 11. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project applicants have prepared an operations manual which is an integral component of the project that clearly establishes rules and parameters to minimize impacts to the neighborhood, including occupancy limitations, nuisance and noise abatement measures, parking restrictions, and establishing a 24-hour emergency/complaint contact person and phone number 12. 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 a performance standard permit is not required for a bed and breakfast facility and the Code does not specify any special operating conditions. 13. The proposed use will not result in an over concentration of such. uses in the immediate vicinity, in that there are no other legal bed and breakfast facilities operating within the neighborhood. CONDITIONS OF APPROVAL: 1. The rules, regulations and operating conditions described in the proposed operations manual as prepared by the applicant, as revised and dated November 18, 2009, attached herein, and as amended by Commission action shall be in full force at any time the residence is operated as a bed and breakfast facility. 2. The daily provision of breakfast service to guests in the morning hours shall be optional. 3. The maximum number of days in any given year that the residence may operate as a bed and breakfast shall not exceed 182. 4. When operational as a bed and breakfast, no more than two automobiles for guests are permitted on-site. 5. Prior to the issuance of a business license for the bed and breakfast facility, the applicant shall revise the site plans showing the dedication of space for the on- site parking of bicycles. 6. Following the first anniversary of the bed and breakfast facility's operation, the applicant shall be required to submit for Planning .Commission review, a compliance report and all necessary documentation (such as receipts, bills, 19 contracts, etc.) that demonstrates compliance with all conditions of approval and operational restrictions that have been imposed, and details and describes any code compliance issues associated with the operation of the bed and breakfast facility. After the first year, the compliance report shall be submitted every two years. The compliance report shall be due within 30 days of the anniversary date. 7. When operational as a bed and breakfast, the applicant and/or his designee shall be required to conduct daily inspections/monitoring of the property for a minimum of four hours per day (two hours in the morning and two hours in the afternoon). 8. Prior to the issuance of a business license for the bed and breakfast facility, the applicant shall be required to install a security camera to monitor outdoor activities, when operational as a bed and breakfast facility. 9. 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 one year from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. 10. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sigh and return a copy of the Statement of Official Action prepared by the City 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 sighed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 11. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. 12. 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. 13. 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. 20 14. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). 15. The applicant authorizes reasonable City inspection of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval. VOTE: CUP 09-005 Ayes: Koning, Pugh, Ries, Winterer Nays: Johnson, Newbold, Parry Abstain: Absent: 21 ~ioricl= 0 If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land tJse and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civi( Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. t hereby certify that this Statement of Officiai Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. 2f l-- t ~ Date 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. ~~ ~§ ~ ~ ~~ f ~~R. ApplicahYs Signature 2-1I -Ica Date ATTACHMENT D December 2, 2009 Planning Commission Staff Report and Attachments 22 ~~ Planning Commission Report City of Santa Monica° Planning Commission Meeting: December 2, 2009 Agenda Item: 88=B To: Planning Commission From: Amanda Schachter, City Planning Division Manager Subject: Conditional Use Permit 09-005 to allow the operation of bed and breakfast facility in a designated City Landmark structure. Address: 2219 Ocean Avenue Applicant: John and Donna Heidt Recommended Action It is recommended that the Planning Commission take the following action subject to the findings and conditions contained in Attachment B: 1. Approve Conditional Use Permit 09-005 for the operation of a bed and breakfast facility; and 2: Adopt the Statement of Official Action Executive Summary The applicant/owners is requesting approval of a Conditional Use Permit to allow the operation of a bed and breakfast facility in a designated City Landmark in the Ocean Park neighborhood. The applicant/owners intend to provide temporary lodging within the entire building but still remain as the primary occupants of the structure for much of the year. The applicant/owners are pursuing this, in part, to assist in the financing of some of the improvements and upkeep associated with the historic structure. The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report: • Is the proposal compatible with the surrounding neighborhood and have operational safeguards been proposed to minimize impacts? Have the applicants responded adequately to staff concerns regarding the proposed bed and breakfast operational plan? Project /Site Information The following table provides a brief summary of the project location. Additional information regarding the project's compliance with applicable municipal regulations and the General Plan is available in Attachment A. Project and Site Information Table Zoning District: Land Use Element Designation: Parcel Area (SF): Parcel Dimensions: Existing On-Site Improvements (Year Built): Rent Control StatuslRemaining tenants on-site: Adjacent Zoning Districts and Land Uses: OP3, Ocean Park Medium Multiple Family High Density Housing 6,000 SF 60'W x 100' D 8,412 SF, 2-story Mixed Use Building (1924) NA -Commercial Exemption North - OP3, Multi-Family Residential East-OP3, Multi-Family Residential South - OP3, Multi-Family Residential. West - DP, City Park Site Location Map _. _.. Rif Q tv ~L ~. Fy 5 3 The property at 2219 Ocean Avenue is situated on the east side of Ocean Avenue, north of Strand Street and south of Pacific Street (Lot 4 of Ivar A. Weid's Subdivision of Block 4 of the Town of South Santa Monica Tract). The subject property is located in the Ocean Park area of the City and fronts west towards Santa Monica State Beach and the Pacific Ocean. The subject property consists of a one-story, single-family residence situated near the west end of the 40' x 130' parcel, and a rear detached garage facing the Ocean Court alley. 24 Environmental Analysis The project is categorically exempt from the provisions of CEQA, pursuant to Section 15303 (Class 3), Conversion of an Existing Structure, in that the project involves the intermittent short term rental of a residential dwelling (bed and breakfast facility) where no expansion or exterior changes to the building are proposed. Project Description The owners of the property at 2219 Ocean Avenue have applied for a Conditional Use Permit for the operation of a "bed and breakfast" in their one-story vernacular Craftsman beach house, commonly referred to as "The Cottage". The existing building, which was constructed in 1905, was designated a City Landmark on June 26, 2007. The building is situated on the eastside of Ocean Avenue, across from Crescent Bay Park, and enjoys unobstructed access and views of the beach and Pacific Ocean. 25 The property is situated in the OP3 zone, where a "bed and breakfast facility" may be permitted through the granting of a Conditional Use Permit. The owners were explicit in stating that they intend to personally occupy "The Cottage" intermittently during any given month, so the building's use and function will not solely be a bed and breakfast. It will be owner-occupied for much of the year. Santa Monica Municipal Code (SMMC) Section 9.04.02.030.135 defines a bed and breakfast facility as "a building or portion thereof which is used as a temporary lodging place for individuals generally for less than thirty consecutive days, and which does not have more than four guest rooms and one kitchen." A floor plan has been submitted that shows compliance with the City's definition: a building with a single kitchen and no more than four bedrooms. BEDRODY u_BRTM BEDROOM BAiX GMTRT ~ UtlIROROOtl ~ BEOROOY Y _._ _TEa1R' ,_. .__ ~ e ~__ -_ ._ r - . i.. Beoxootl~ BmaT uvtxertooY ~ eATN rt i ~ -- _ __._..._ + ~KITCNEN ~IAUNORY~ ~ ~ ~ .__... _"i~ ___.. _l. _.. >... ___ _._ __. rs~-tt ,rr _.._ __ _... _. Proposed Floor Plan 26 Neighborhood Outreach On September 17, 2009, at the recommendation of City staff, the applicant facilitated a meeting at the Ocean Avenue residence to introduce the bed and breakfast .proposal and garner initial- feedback from the neighborhood prior to Planning Commission consideration. All residents and property owners within a 500 foot radius of the subject site were invited to attend. 15 residents of the neighborhood attended and expressed concern with: • lack of on-site management; • parking; • loss of neighborhood spirit (given the transiency of the guests); • operation of a business in a residential district; • "vacation" noise will have negative impacts to adjacent neighbors given that certain building features (e.g. windows) may not be changed/upgraded due to historic (i.e. Certificate of Appropriateness) requirements; • enforcement of specified operational rules; and • the provision of a "sunset clause", where the Conditional Use Permit has an expiration date. On October 28, 2009, City Planning Division staff hosted and facilitated a community meeting to further discuss the proposal and provide. an opportunity for the community to comment on a proposed operations plan that had been submitted to staff by the applicants in response to the comments heard at the September community meeting. The meeting was held at the Ken Edwards Center at 6:30 p.m. 648 notices of the meeting were sent out to the surrounding neighborhood. Eight neighbors were in attendance. After staff introductions and a general overview of the entitlement process, the applicant team presented their revised operations plan. This plan was based on earlier feedback from the community and represented a positive step in addressing neighborhood and staff concerns with the proposal. Although many prior issues have been addressed, outstanding concerns remain, regarding: • running a business in a residential district; • neighborhood parking impacts; • controlling/monitoring on-site activities; • availability and timeliness of management company to respond to neighbor complaints; and, • establishing a "cap" on the number of rental days. Project Operation The Professional Association of Innkeepers International (PAII) defines a bed and breakfast as a form of lodging. where an actual breakfast meal is served to guests. This organization further suggests that staff members and/or owners are typically on-site to assist guests and manage the operation. However, the City's Zoning Ordinance does not mandate this particular operational approach. The project as initially presented by the applicants would not function in the typical manner most often associated with a bed 2~ and breakfast accommodation: no meals were to be provided and owners/staff would. not be present on-site during a guest's occupancy. Rather, "the Cottage" would function strictly as temporary lodging, where the guests occupy the building for their exclusive use during a specified period, but typically less than thirty days. Some neighborhood residents questioned if the operation would actually function as a bed and breakfast and expressed specific concern relevant to operations, noise, and loss of neighborhood spirit. Since that time staff and the applicant team have worked cooperatively toward refining the operation. As a result, the applicants have prepared and presented an operations manual (Attachment D) that clearly establishes rules and parameters to minimize impacts to the neighborhood, specifically: • Establishing that the maximum occupancy does not exceed eight people (plus one infant). No more than two related or acquainted families may occupy the Cottage at any given time and must do so under a single agreement. Rooms will not be offered separately to different parties. The maximum occupancy for guests' gatherings is 20 persons, inclusive of registered guests. o The operations manual does not specify a minimum lodging period. While it is believed that this is intentional in order to maximize rental flexibility and options, consideration should be given to establishing a minimum lodging period in order to minimize the potentially disruptive effects of high turn-over on the neighborhood. o Although the applicants have stated that the proposed bed and breakfast facility will be an intermittent use, and it is their intent to occupy the building for a considerable amount of time in any given year, the proposed operations manual does not specify or impose a limitation on the number of days the building may be offered for lodging in any given period of time. This remains a concern of some of the neighbors. Staff has suggested a condition of approval which would cap the number of days to 182 in any given calendar year. In doing so, the owners would. remain the primary tenants of the building which begins to address compatibility concerns. • The bed and breakfast kitchen will be made available to guests for use. However, the property owners .have agreed to arrange for delivery of a daily breakfast from a local facility. Although the City's Code does not require this, a bed and breakfast typically provides breakfast, since this type of food service is the one of the distinguishing features of this type of accommodation. • The applicants/owners intend to target retirees, families with children, persons affiliated with the entertainment industry as potential guests. These guests are expected to present minimal impacts on neighbors. 28 • Two on-site parking spaces, accessible from the rear alley will be provided on- site for use by occupants. Two additional-spots will be available for deliveries and/or service providers and guests of the bed and breakfast occupants. o The Municipal Code .does not specify parking requirements for bed and breakfast facilities. Per SMMC 9.04.10.08.03(f), the Zoning Administrator and Parking and Traffic Engineer shall determine requirements base on the requirements for similar type of uses. In the case, the standards for hotel/motel operations were applied given the similarities of uses. As the existing residence has four bedrooms, the use would require the provision of four on-site spaces. Four spaces are available on-site. Therefore, parking impacts on the neighborhood are minimized. In addition, based on the project application operations plan where no more than two families will be allowed .and individual rooms cannot be leased individually, adequate parking to support the use will be available on-site. o Staff has included a condition stating that when operating as a bed and breakfast, no more than two automobiles for guests are permitted on-site. • Operation of stereos, boom boxes, amplified i-Tune docking units, and radios outdoors will be prohibited. No amplified musical instruments will be permitted at anytime, anywhere on the premises, and no smoking will be permitted inside the Cottage or in the yard. Guest will be asked to limit loud activities to between the hours of 9:00 am to 11:00 p.m. o Given the existing site conditions and proximity and height/scale of adjacent development, these stipulations will minimize impact and potential nuisances to adjacent residents. • The owner/applicant has verbally stated that if for some reason he is not available to resolve issues as they arise, a management company will be available and on-call during all hours to assist either guests or neighborhood- related disputes. o As the lack of on-site staff was a concern of the neighborhood, staff recommends that this provision be incorporated into the proposed operations manual Short-term rental housing, which is housing for use by individuals for more than 30 days but whom otherwise intend their occupancy to be temporary and maintain a permanent place of residence elsewhere, is not permitted in the City. In contrast, the applicants propose to provide temporary lodging by requesting the Conditional Use Permit for a bed and breakfast facility. No exterior changes to the structure are proposed as part of this application. The building will remain aone-story single-family residential cottage surrounded by multi-story, multi-family residential development. With the approval of 29 the Conditional Use Permit, only the inhabitants of the building will change for a portion of the year. Although the term "bed and breakfast" implies a use with higher resident turn-over rate than amulti-family property, it is important to consider that the owners are to remain the primary occupants and the "bed and breakfast facility" will be a secondary intermittent use: To ensure that this remains the case and in response to compatibility concerns, Condition #2 imposes limitations on the number of leasable rental days to 182, less than half of a calendar year. Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project: A1. Continue the project for specific reasons, consistent with applicable deadlines and with agreement from the applicant A2. Articulate revised findings and/or conditions to Approve OR Deny, with or without prejudice, the subject application Conclusion This proposal is for a Conditional Use Permit to operate a Bed and Breakfast facility in the OP3 zoning district. The proposal meets the code definition foi- a bed and breakfast. The applicant has cooperatively worked with staff to refine the operation to functioh consistent with the commonly accepted characteristics of this type of visitor accommodation. The applicant has actively pursued community input and has addressed many of their issues by voluntarily producing a manual that expressly outlines the operational rules that govern the proposed use: Prepared by: Scott Albright, Senior Planner Paul Foley, Principal Planner Attachments E. General Plan and Municipal Code Compliance Worksheet F. Draft Statement of Official Action G. Public Notification & Comment Material H. Proposed Operations Manual I. Public Correspondence J. Site photos K. Project Plans 30 ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET Pro'ect Location and Permit Processin Time Limits Pro'ect Address: 2219 Ocean Avenue Application Filing Date: July 8, 2009 CEQA Deadline: DATE: August 7, 2009 PSA Deadline: DATE: October 6, 2009, however, extension granted Total Process Review DAYS: 147 Time (Days): General Plan and Municipal Code Compliance Worksheet CATEGORY LAND USE ELEMENT MUNICIPAL CODE PROJECT Permitted Use --- Bed and Breakfast Facilities Intermittent use of building require a Conditional Use as a bed and breakfast Permit in the OP3 Zone. [SMMC 9.04.08.52.040] Definition A building or portion thereof Floor plan submitted shows which is used as a tour bedrooms and one temporary lodging place for kitchen. individuals generally for less than thirty consecutive days, and which does not have more than four guest rooms and one kitchen. [SMMC 9.04.02.030.135] Parking One space for each guest 4 spaces room - 4 bedrooms in buildin 31 ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: LOCATION: APPLICANT: PROPERTY OWNER: CASE PLANNER: Conditional Use Permit 09-005 2219 Ocean Avenue John K. Heidt John and Donna Heidt Scott Albright, Senior Planner REQUEST: The applicant is requesting a Conditional Use Permit (CUP) to allow the intermittent. operation of a bed and breakfast facility. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.04.08.52.040(a) "bed and breakfast facilities" are permitted in the Ocean Park Medium Multiple Residential District (OP3) subject to the approval of a Conditional Use Permit. CEQA STATUS: The project is categorically exempt from the provisions of CEQA, pursuant to Section 15303 (Class 3), Conversion of Small Structures, in that the project involves the intermittent short term rental of a residential dwelling as abed and breakfast facility and where. no expansion or exterior changes to the building are proposed. 32 PLANNING COMMISSION ACTION December 2, 2009 Determination Date Approved based on the following findings and subject to the X conditions below. Denied_ Other. EFFECTIVE. DATES OF ACTIONS IF December 17, 2009 NOT APPEALED: EXPIRATION DATE OF ANY PERMITS NIA GRANTED: LENGTH OF ANY POSSIBLE 6 months EXTENSION OF EXPIRATION DATES*: Any request for an extension of the expiration date must be received in the City Planning Division 30 days 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. FINDINGS: CONDITIONAL USE PERMIT FINDINGS 27. 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 pursuant to Santa Monica Municipal Code (SMMC) Section 9.04.08.52.040(a) "bed and breakfast facilities" are permitted in the Ocean Park Medium Multiple Residential District. (OP3) subject to the approval of a Conditional Use Permit as specified in SMMC Section 9.04.10.18. 28. 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 existing residential structure will remain owner-occupied for most of the year and the bed and breakfast facility will be an intermittent use. In addition, the applicants have prepared an operations manual which is a component of the project that clearly establishes rules- and parameters to minimize impacts to the neighborhood including the 33 establishment of quiet hours, time limitations on bed and breakfast use, occupancy restrictions, parking limitations and noise attenuation measures. 29. The subject parcel is physically suitable for the type of land use being proposed, in that the "bed and breakfast" is proposed in an existing one-story vernacular Craftsman beach cottage that is designated as a .City Landmark. The building is situated on the eastside of Ocean Avenue, across from Crescent Bay Park, and enjoys unobstructed access and views of the beach and Pacific Ocean. Since bed and breakfast facilities are typically sited in areas with unique ambiance and surroundings and are located within architecturally interesting or historic structures, the physical location of the use is appropriate. 30. The site is served by all necessary public improvements and access to utilities 31. 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 in that the subject site currently contains aone-story vernacular Craftsman beach cottage that is designated as a City Landmark with a detached two-car garage in the rear and will be used primarily as asingle-family residence. The building floor plan is such that it meets the definitional requirements fora "bed and breakfast facility" in that it has a maximum of four bedrooms and a single kitchen within the interior. The four on-site parking spaces is an appropriate amount of parking to support the use of the building as a bed and breakfast. 32. 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 building will remain aone-story residential cottage surrounded by multi-story, multi-family residential development. The bed and breakfast facility will be an ancillary use of the property with the property owners being the primary occupants of the structure for much of the year. As conditioned, the bed and breakfast facility will not adversely affect neighborhood compatibility by limiting the use to less than half of a calendar year, limiting guest vehicles to two, and enforcement of self-imposed operational restrictions. 33. 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 property is located within an urbanized environment that ~ is adequately served by existing public facilities and infrastructure. 34. Public access to the proposed use will be adequate, in that the subject parcel is sited along Ocean Avenue, where vehicular and pedestrian access is provided via a public sidewalk and street.. Vehicular access to the site is also available from a public rear alley (Ocean Court). In addition, the bed and breakfast facility is within walking distance to the commercial district along Main Street, Crescent Bay Park, and the Pacific Ocean beachfront areas. 34 35. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood irr that no exterior changes to the structure are proposed and only minor interior alterations are planned. 36. The proposed use is consistent with the goals, objectives, and policies of the Historic Preservation Element of the General Plan, in that in that bed and breakfast facility represents an adaptive reuse of an historic resource which is encouraged as a means of protecting the City's cultural resources (Policy 4.1.3). In addition, the semi-public nature of a bed and breakfast facility will increase the exposure of one of the City's historic resources to more of the general population which will further the goals and policy of integrating historic preservation as part of economic strategies, through the promotion of the City's historic places (Policy 6.3.1); and, increasing public awareness of the City's history as a means of protecting historic and cultural resources (Policy 4.5.2). In addition, the proposed project is consistent with the Land Use Element Objective which, in part, acknowledges the City's role as a regional recreational center. 37. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project applicants have prepared an operations manual which is an integral component of the project that clearly establishes rules and parameters to minimize impacts to the neighborhood, including occupancy limitations, nuisance and noise abatement measures, parking restrictions, and establishing a 24-hour emergency/complaint contact person and phone number 38. 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 a performance standard permit is not required for a bed and breakfast facility and the Code does not specify any special operating conditions. 39. The proposed use will not result in an over concentration of such uses in the immediate vicinity, in that there are no other legal bed and breakfast facilities operating within the neighborhood. CONDITIONS OF APPROVAL: 31. The rules, regulations and operating conditions described in the proposed operations manual as prepared by the applicant, as revised and dated November 18, 2009, attached herein, and as amended by Commission action shall be in full force at any time the residence is operated as a bed and breakfast facility. 32. The maximum number of days in any given year that the residence may operate as a bed and breakfast shall not exceed 182. 35 33. When operational as a bed and breakfast, no more than two automobiles for guests are permitted on-site. 34. The applicant shall dedicated space on-site for the parking bicycles. 35. On, or about the first anniversary of the Planning Commission's approval, or City Council approval on appeal, the applicant shall be required to submit for Planning Commission review, a report and all necessary documentation (such as receipts, bills, contracts, etc.) that demonstrates compliance with all conditions of approval and operational restrictions that have been imposed and details and describes any code compliance issues associated with the operation of the bed and breakfast facility. 36. When operational as a bed and breakfast, the applicant and/or his designee shall be required to conduct daily routine inspection, maintenance, on-site. 37. 38. 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 one year from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. 39. Within ten days of City 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 City 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. 40. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. 41. 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. 42. 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. 36 43. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). 44. The applicant authorizes reasonable City inspection of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica .Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval. VOTE Ayes: 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 Ordinance, 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. 1 hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. Hank Koning, Chairperson Date 37 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 Print Name and Title Date Applicant's Signature 38 ATTACHMENT C PUBLIC NOTIFICATION INFORMATION Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application.. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a (300 foot or 500 foot) radius of the project and published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. On October 27, 2009, the applicant was notified in person of the subject hearing date. The applicant provided the following information regarding attempts to contact area property owners, residents, and recognized neighborhood associations: Applicant-sponsored neighborhood Meeting held on September 17, 2009. All residents/property owners within 500 feet notified. City-sponsored neighborhood meeting held on October 28, 2009. All residents/property owners within 500 feet notified. -39- NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION SUBJECT: Conditional Use Permit 09-005 2219 Ocean Avenue APPLICANT: John K. Heidt PROPERTY OWNER: Heidt Family Trust A public hearing will be .held by the Planning Commission to consider the following request: The applicant is requesting a Conditional Use Permit (CUP) to allow the intermittent operation of a bed and breakfast facility. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.04.08.52.040(a) "bed and breakfast facilities" are permitted in the Ocean Park Medium Multiple Residential District (OP3) subject to the approval of a Conditional Use Permit. DATE/TIME: WEDNESDAY, DECEMBER 2, 2009, AT 7:00 PM LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information will be given to the. Planning Commission at the meeting. Address your letters to: Scott Albright, Senior Planner Re: 09CUP005 City Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Scott Albright at (310) 458-8341, or by a-mail at scott.albrightcrsmgov.net. The Zoning Ordinance is available at the Planning Counter during business .hours and on the City's web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72-hours in advance. Every attempt will made to provide the requested accommodation. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. -40- Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPANOL Esto es una noticia de una audiencia pGblica para revisar applicaci6nes proponiendo desarrollo en Santa Monica. Si deseas mas information, favor de Ilamar a Carmen Gutierrez en la Division de Planificacidn al numero (310) 458-8341. APPROVED AS TO FORM: Amanda Schachter Planning Manager -41- Additional documentation available in City Clerk's Office.