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
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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
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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.
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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.
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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.
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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
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Additional documentation
available in City Clerk's
Office.