SR 03-22-2022 3B
City Council
Report
City Council Meeting: March 22, 2022
Agenda Item: 3.B
1 of 3
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Adoption of Statement of Official Action (STOA) for Shore Hotel Appeals
Recommended Action
Staff recommends that City Council approve the attached Statement of Official Action
denying appeal 21ENT-0167, approving appeal 21ENT-0163, and approving
Conditional Use Permit 19ENT-0397 to allow for the expansion and reconfiguration of
the Shore Hotel and changes to its operation and available amenities.
Summary
At its meeting on December 7, 2021, the City Council considered Appeals 21ENT-0167
and 21ENT-0163 of the Planning Commission’s partial approval of Conditional Use
Permit 19ENT-0397 to amend the Shore Hotel’s operations and amenities. The
attached Statement of Official Action reflects Council’s decision to deny Appeal 21ENT-
0167, approve Appeal 21ENT-0163, and approve Conditional Use Permit 19ENT-0397
with modified Conditions of Approval.
The City Council’s decision was based upon the findings and conditions contained in
the attached Statement of Official Action (Attachment A). Adopting the Statement of
Official Action does not change the Council’s original votes on the application and only
represents that the Council agrees that the Statement of Official Action accurately
reflects the record of Council’s decision on the appeals and Conditional Use Permit
application.
3.B
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Discussion
On July 7, 2021, the Planning Commission partially approved proposed amendments to
the Shore Hotel’s Conditional Use Permit (19ENT-0397) to allow for expanded hotel
operations. The Planning Commission also recommended to the City Council the
approval of a Text Amendment (21ENT-0116) to the Downtown Community Plan to
exempt hotels established within existing buildings from the minimum ground floor
height requirement. Two appeals of the Planning Commission’s actions were filed. The
first appeal (21ENT-0163) was filed by the project applicant, and the second appeal
(21ENT-167) was filed by Ellis Raskin.
This staff report transmits for City Council certification the Statement of Official
Action. At its meeting on December 7, 2021, the City Council considered the following
administrative proceedings and entitlements concerning the proposed operational
expansion of the Shore Hotel:
• Appeal 21ENT-0167 - an appeal filed by Planning Commissioner Ellis
Raskin challenging the Categorical Exemption for the project and its
associated Text Amendment relative to the project’s environmental review
pertaining to the California Environmental Quality Act (CEQA);
• Appeal 21ENT-0163 - an appeal filed by the Shore Hotel ownership of the
Planning Commission’s partial approval of the proposed operational
Conditional Use Permit;
• Text Amendment 21ENT-0116 - an amendment to the Downtown
Community Plan pertaining to ground floor heights specific to hotels within
existing buildings; and
• Conditional Use Permit 19ENT-0397 - a modification of the Shore Hotel’s
operational Conditional Use Permit to include additional rooms and
amenities.
After public comment and Council deliberation, the City Council voted to deny Appeal
3.B
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21ENT-0167, approve Text Amendment 21ENT-0116, approve Appeal 21ENT-0163,
and approve Conditional Use Permit 19ENT-0397 with the following modified Conditions
of Approval:
• Condition #2 – Alcohol service at the café shall be beer and wine only;
• Condition #6 – Massage shall not be allowed anywhere on hotel premises except
in hotel guest room or outdoor on the pool patio.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Scott Albright, Senior Planner
Approved
Forwarded to Council
Attachments:
A. Shore Hotel Council STOA
3.B
Packet Pg. 116
1 Attachment C
Draft Statement of Official Action
City of Santa Monica
City Planning Division
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT INFORMATION
CASE NUMBERS: Appeal 21ENT-0163, Appeal 21ENT-0167, Conditional
use Permit 19ENT-0397
LOCATION: 1515 Ocean Avenue/ 1530 2nd Street
APPELLANTS: Sunshine Enterprises LP, Jon Farzam (21ENT-0163)
Ellis Raskin (21ENT-0167)
APPLICANT: Jon Farzam
PROPERTY OWNER: Sunshine Enterprises LP c/o Siroos Farzam
CASE PLANNER: Scott Albright, Senior Planner
REQUEST: Consideration of Appeals 21ENT-0163 and 21ENT-0167
of the Planning Commission decision to partially approve
Conditional Use Permit 19ENT-0397, amending an
existing Conditional Use Permit to allow for the expansion
and reconfiguration of the Shore Hotel and changes to its
operation and available amenities to include the following:
• Creation of a micro-hotel, consisting of 34 beds within
14 new rooms to be situated within 2,495 square feet
of converted floor area and 1,505 square feet of new
floor area;
• Conversion of approximately 580 square feet of
existing floor area to an ancillary nine-seat café space
with patio seating and alcohol service;
• Conversion of existing floor area, including an 800
square-foot breakfast room amenity space, to an
ancillary 80-seat restaurant with a bar and patio to be
operated as a “Restaurant with Entertainment” use
including occasional amplified music and dancing
along with alcohol service; and;
• Expansion of hotel amenities to include ancillary
personal service (massage) onsite.
3.B.a
Packet Pg. 117 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
2
CEQA STATUS: An Environmental Impact Report was prepared for the
Hotel in accordance with the California Environmental
Quality Act (CEQA) Guidelines and it along with a
Statement of Overriding Considerations was certified on
March 18, 2008. Additionally, the proposed creation of a
micro-hotel within an existing structure is exempt from the
provisions of the California Environmental Quality Act
pursuant to CEQA Guideline Section 15303 (Class 3),
New Construction or Conversion of Small Structures, in
that the project involves the conversion of an existing
structure to operate a micro-hotel within an existing
commercial building, will not include the use of significant
amounts of hazardous substances, is located on a site
where all necessary public services and facilities are
available, and the surrounding area is not environmentally
sensitive. The request is exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to
Section 15301 (Class 1), Existing Facilities, of the State
Implementation Guidelines in that the project involves
interior improvements to an existing building to establish a
new café and restaurant with on-site sale of beer, wine,
and distilled spirits.
CITY COUNCIL ACTION
December 7, 2021 Determination Date
X
Deny Appeal 21ENT-0167; Approve Appeal 21ENT-0163; and
Approve CUP19ENT-0397 based on the following findings and
subject to the conditions below.
Denied.
Other:
EFFECTIVE DATES OF ACTIONS: December 7, 2021
EXPIRATION DATE OF ANY PERMITS
GRANTED:
(2.5 years pursuant to SMMC 9.37.090 + 2 years
pursuant to Interim Zoning Ordinance Number
2688 (CCS), adopted on January 25, 2022).
June 7, 2025
LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION DATES*:
6 months
* Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
3.B.a
Packet Pg. 118 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
3
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 (for modifications to hotel operations)
A. Hotel uses are conditionally allowed within the Ocean Transition zone of the
Downtown Community Plan and complies, subject to a Variance approval, with all
of the applicable provisions of the "City of Santa Monica Comprehensive Zoning
Ordinance" and all other titles of the Municipal Code.
B. The proposed use is consistent with the Goals and Policies specified for the
Downtown land use district and the specific goals, policies, and objective of the
Downtown Community Plan. The subject site is located within the Downtown Core
Land Use District, which serves as the City’s center of transportation, commerce,
and entertainment. LUCE Goal D1 envisions the Downtown Core as a premier
shopping, dining and entertainment destination for local and regional visitors.
Policy D1.1 supports the creation of diverse local and regional serving retail and
dining opportunities in the district. LUCE Goal D7 supports the district’s balanced
mix of uses that reinforce the greatest concentration of activity in the City and
Policy D7.1 encourages a broad mix of uses that create dynamic activity in both
the daytime and evening hours. The full-service Restaurant with Entertainment and
cafe with incidental alcohol service will provide meal service to guests and visitors
during day and evening hours.
C. The subject parcel is physically suitable for the type of land use being proposed,
in that the approximate 45,000 square foot parcel is adequate in size to
accommodate a micro-hotel component consisting of 14 rooms within and ancillary
café and restaurant uses within the existing hotel structure.
D. 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 the proposed micro-hotel
component consisting of 14 additional guest rooms and an ancillary café and
restaurant will complement the existing hotel use presently on-site and will provide
affordable visitor accommodations and additional amenities on-site.
E. The proposed use is 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
F. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that Santa Monica’s
3.B.a
Packet Pg. 119 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
4
Downtown functions as the City’s largest concentration of commerce, retail, dining,
transit, entertainment, and hospitality. The Ocean Transition (OT) District is within
the Downtown Community Plan area and is intended to maintain and enhance the
downtown area by providing a variety of commercial, residential, cultural, and
recreational opportunities and complementary uses that generate activity during
both daytime and evening hours. The surrounding developments on 2nd Street
include a variety of uses, including Santa Monica Place, a newly renovated Parking
Structure #6 with expanded ground floor pedestrian uses, Hotel Carmel, retail, and
dining. The retail space along 2nd Street has remained a vacant shell space that
has occasionally been used for seminars and events, since the hotel’s original
opening. The proposed micro-hotel and cafe will enliven 2nd Street, and the
addition of a new restaurant use and massage services will
G. Based on environmental review, the proposed project has no potentially significant
environmental impacts or any potentially significant environmental impacts have
been reduced to a less than significant because of mitigation measures
incorporated in the project or a Statement of Overriding Considerations has been
adopted. An Environmental Impact Report was prepared for Hotel in accordance
with the California Environmental Quality Act (CEQA) Guidelines and it along with
a Statement of Overriding Considerations was certified on March 18, 2008.
Additionally, the proposed creation of a micro-hotel within an existing structure is
exempt from the provisions of the California Environmental Quality Act pursuant to
CEQA Guideline Section 15303 (Class 3), New Construction or Conversion of
Small Structures, in that the project involves the conversion of an existing structure
to operate a micro-hotel within an existing commercial building, will not include the
use of significant amounts of hazardous substances, is located on a site where all
necessary public services and facilities are available, and the surrounding area is
not environmentally sensitive. The request is exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class
1), Existing Facilities, of the State Implementation Guidelines in that the project
involves interior improvements to an existing building to establish a new café and
restaurant with on-site sale of beer, wine, and distilled spirits.
H. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed micro-hotel will provide
additional affordable hotel rooms within and adjacent to the Ocean Transition zone
which is devoted primarily to visitor accommodations and commercial recreation.
CONDITIONAL USE PERMIT FINDINGS (for alcohol service)
A. The proposed use is conditionally allowed within the applicable Zoning District and
complies with all other applicable provisions of the Zoning Ordinance and all other
titles of the Municipal Code in that an alcohol license for the sale or dispensation
of alcohol is conditionally permitted citywide, pursuant to Section 9.31.040(B) of
the Zoning Ordinance, unless otherwise exempted pursuant to the provisions of
Sections 9.31.040(D) and 9.31.040(E) of the Zoning Ordinance.
3.B.a
Packet Pg. 120 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
5
B. The proposed use is consistent with the General Plan and any applicable specific
plan in that restaurants/cafes with alcohol service would help to further Goal D1 of
the Land Use and Circulation Element which encourages uses that “Maintain
Downtown’s competitive advantage as a premier local and regional shopping,
dining, and entertainment destination, and support its evolution in order to respond
to changing market conditions.” Furthermore, Land Use Element Goal D7 and
Policy D7.1 supports creating a balanced mix of uses in the downtown that
reinforces its role as the greatest concentration of activity in the City and
encouraging a broad mix of uses that create dynamic activity in both the daytime
and evening hours. The proposed alcohol licensing provides the restaurant
operator the ability to offer beverages that are similar to other food serving
establishments within the downtown.
C. The subject parcel is physically suitable for the type of land use being proposed in
that the subject parcel was developed as a hotel, and the proposed restaurant and
café will be ancillary uses to the primary hotel use. The approximate 45,000
square foot parcel is adequate in size to accommodate ancillary café and
restaurant uses in a manner that will be fully compliant with any relevant zoning
requirements.
D. The proposed use is compatible with any of the land uses presently on the subject
parcel if the land uses are to remain. The proposed sale of alcoholic beverages in
conjunction with a new ancillary restaurant and café will not intensify or significantly
alter the operation of the existing hotel. Downtown contains a variety of visitor
serving uses that include retail, personal services, and restaurants in which the
alcohol sales will further enhance. There will be no observable differences to the
use from beyond its structure, and the proposed use will not create any adverse
impacts to the surrounding neighborhood.
E. The proposed micro-hotel use is 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 subject property is located within the Ocean Transition (OT)
and Bayside Conservation District (BC 2nd Street) within the Downtown
Community Plan area. Uses within these districts are intended to improve the
pedestrian experience, restaurants with outdoor dining, small-scale retail and
services, and housing and office uses on upper floors. Many of these uses are
intended to support the City’s critical tourism economy to which the expansion of
the Shore Hotel’s operations to include the addition of a 14-room micro-hotel would
contribute. Visitors to the micro-hotel accommodations would patronize other retail
and commercial services within the Downtown increasing their financial viability.
Additionally, public and private enhancements within the Ocean Transition district
are encouraged that would make it a consistently more enjoyable walking
experience. The activation of the currently vacant retail space with a micro-hotel
component would introduce additional foot traffic to the 2nd Street area and align
with this overall goal of enlivening the District’s pedestrian spaces. The
3.B.a
Packet Pg. 121 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
6
restaurant’s alcohol conditions of approval will ensure that the use operates in a
harmonious manner with the adjacent land uses, provide an environment
conductive to dining, and will not create any alcohol-related problems in the
Downtown area which supports a number of full service restaurants. The proposed
hours of alcohol service for the café are from 10am to midnight and are shorter in
duration than the standard hours permitted by Citywide Alcohol Exemptions (8am
until 12am) and for the nearby Third Street Promenade vicinity (7am to 2am). The
restaurant will have alcohol service from 10am to 2am which are also shorter in
duration than standard hours associated with Citywide Alcohol Exemptions and for
the nearby Third Street Promenade area.
F. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood. The proposed café will be
located along 2nd Street in an area of the City’s Downtown that has similar alcohol
service. This part of 2nd Street is not adjacent to any nearby residents that may be
affected. The proposed Restaurant with Entertainment will be located adjacent to
the interior courtyard of the Hotel which opens to Ocean Avenue, and is also not
adjacent to any nearby residences.
G. Based on environmental review, the proposed project has no potentially significant
environmental impacts or any potentially significant environmental impacts have
been reduced to less than significant levels because of mitigation measures
incorporated in the project or a Statement of Overriding Considerations has been
adopted. The request is exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15301 (Class 1), Existing Facilities, of the
State Implementation Guidelines in that the project involves interior improvements
to an existing building to establish a new café and restaurant with on-site sale of
beer, wine, and distilled spirits.
H. The proposed use and related project features would not be detrimental to the
public interest, health, safety, convenience, or general welfare in that the proposed
restaurant and bar services will be within the existing and operational Shore Hotel
building footprint. The general vicinity is frequented by local residents, shoppers,
visitors, and tourists. This type of outlet has not contributed significantly to alcohol
related incidents in the area, and it is anticipated that the incorporation of various
conditions of approval will minimize impacts and intrusions into any adjacent
neighborhoods and not result in an over concentration. The proposed use is
consistent with the Zoning Ordinance and the Land Use Element of the General
Plan and conditions established to manage the hours of operation.
ALCOHOL OUTLET FINDINGS
1. The proposed alcohol sales will not adversely affect the welfare of neighborhood
residents in a significant manner in that there are no adjacent or nearby residents.
The general vicinity is mostly occupied by travelers, shoppers, and tourists.
3.B.a
Packet Pg. 122 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
7
2. The proposed alcohol sales will not contribute to an undue concentration of alcohol
outlets in the area. The proposed restaurant and bar services will be within the
existing and operational Shore Hotel building footprint. The general vicinity is
frequented by local residents, shoppers, visitors, and tourists. Type 47 outlets have
not contributed significantly to alcohol related complaints in the area, as there are
no immediate adjacent residential neighborhoods.
3. The proposed alcohol sales will not detrimentally affect nearby neighborhoods,
considering the distance of the alcohol outlet to residential buildings, churches,
schools, playgrounds, parks, and other existing alcohol outlets. The proposed
alcohol sales and consumption are incidental to the primary use of the hotel and
restaurant services. Shore Hotel has been providing these services since its
construction in 2012. The existing building is located in a commercial downtown
area and is not near, nor adjacent to any sensitive uses for church, school,
residential, or hospitals. Palisades Park is located across Ocean Avenue. It is not
a conventional neighborhood park with common family and youth activities but
serves as more of a gathering place for visitors to the City.
4. The sale of alcohol will not increase traffic congestion or generate a demand for
parking that will adversely affect surrounding businesses and residents in that the
proposed sale of alcoholic beverages will provide an ancillary amenity to hotel
guests and other visitors. The sale of alcoholic beverages will not result in a
significant increase of patrons, and therefore will not generate any increased traffic
or parking demand that will adversely affect surrounding businesses and residents.
CONDITIONS OF APPROVAL:
COMMUNITY DEVELOPMENT DEPARTMENT
Project Specific Conditions
1. No rights may be exercised, and no operations of the micro-hotel may commence,
as permitted under Conditional Use Permit 19ENT-0397 unless and until the
amendments to the Downtown Community Plan proposed by Text Amendment
21ENT-0116 become effective.
2. The proposed café’s alcohol service shall be limited to beer and wine only. The
proposed hours of the Type 41 alcohol service for the proposed café along 2nd
Street are from 10am to midnight.
3. The proposed Restaurant with Entertainment located adjacent to the hotel
courtyard shall be subject to all requirements and limitations specified in SMMC
9.31.290. In the event that the Restaurant with Entertainment exceeds the scope
of these limitations, the Restaurant with Entertainment shall also be considered a
Bar/Nightclub/Lounge as defined in Chapter 9.51, and such entertainment use
3.B.a
Packet Pg. 123 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
8
shall be prohibited unless a separate Conditional Use Permit for that use has been
obtained.
4. All amplified music/sound originating from the Restaurant with Entertainment is
subject to the Noise Ordinance provisions established within SMMC 4.12.140.
5. The proposed hours of the Type 47 alcohol service for the proposed Restaurant
with Entertainment located adjacent to the hotel courtyard are from 10am to 2am.
6. Incidental massage shall not be permitted anywhere on the hotel premises except
in hotel guest rooms or outdoors on the pool patio, as permitted. All incidental
massage service is subject to full compliance with SMMC 6.104, Massage
Regulations, and in which all persons engaged in the practice of massage are
certified pursuant to the California Business and Professions Code Section 4612.
7. For 5 years from the effective date of Conditional Use Permit 19ENT-0397 the
applicant shall submit any compliance reports associated with Coastal
Development Permit #5-18-0872, issued by the California Coastal Commission on
September 25, 2020 to the City for informational purposes. The compliance report
shall be posted on a Planning Commission agenda along with any Transportation
Demand Management Report that the project is required to annually submit to the
City pursuant to SMMC Chapter 9.53.
Administrative
8. The City Council’s approval, conditions of approval, or denial of these applications
is final. The approval of this permit shall expire if the rights granted are not
exercised within one year the permit’s effective date. Exercise of rights shall mean
issuance of a building permit to commence construction, or actual commencement
of the use granted by this conditional use permit if a building permit is not required.
9. 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.
10. 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. The sign shall be posted in
accordance with the Zoning Administrator guidelines and shall remain in place until
a building permit is issued for the project. The sign shall be removed promptly
3.B.a
Packet Pg. 124 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
9
when a building permit is issued for the project or upon expiration of the Conditional
Use Permit.
11. Prior to issuance of a Business License, the applicant shall post a notice at the
building entry stating that the site is regulated by a Conditional Use Permit and the
Statement of Official Action, which includes the establishment’s conditions of
approval, the establishment’s approved floor plan, is available upon request. This
notice shall remain posted at all times the establishment is in operation.
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. Applicant shall defend, indemnify, and hold harmless the City and its boards,
commissions, agents, officers, and employees (collectively, "City") from any
claims, actions, or proceedings (individually referenced as "Claim" and collectively
referenced as "Claims") against the City to attack, set aside, void, or annul, the
approval of 19ENT-0397 or any Claims brought against the City due to the acts or
omissions in any way connected to the Applicant's project. City shall promptly
notify the applicant of any Claim and shall cooperate fully in the defense. Nothing
contained in this paragraph prohibits the City from participating in the defense of
any Claims, if both of the following occur:
i. The City bears its own attorney's fees and costs.
ii. The City defends the action in good faith.
iii. Applicant shall not be required to pay or perform any settlement unless the
settlement is approved by the Applicant.
iv. In the event any such action is commenced to attack, set aside, void or
annul all, or any, provisions of any approvals granted for the Project, or is
commenced for any other reason against the City for the act or omissions
relating to the Applicant's project, within fourteen (14) days following notice
of such action from the City, the Applicant shall file with the City a
performance bond or irrevocable letter of credit, or other form of security
satisfactory to the City ("the Security") in a form satisfactory to the City, and
in the amount of $100,000 to ensure applicant's performance of its defense,
indemnity and hold harmless obligations to City. The Security amount shall
not limit the Applicant's obligations to the City hereunder. The failure of the
Applicant to provide the Security shall be deemed an express
acknowledgment and agreement by the Applicant that the City shall have
the authority and right, without consent of the Applicant, to revoke the
approvals granted hereunder.
Conformance with Approved Plans
14. This approval is for those plans dated September 14, 2020, a copy of which shall
be maintained in the files of the City Planning Division. Project development shall
3.B.a
Packet Pg. 125 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
10
be consistent with such plans, except as otherwise specified in these conditions of
approval.
15. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to
Planning Commission Review. A significant change would include a change in the
character of the proposed limited amenity hotel through the provision of additional
amenities not included in the project as approved. Amenities are limited to a 370
square foot exercise room, an approximately 2,000 square foot Restaurant with
Entertainment, an approximately 600 square foot café, swimming pool, spa pools,
and ancillary massage services. Guest rooms average 295 square feet in size and
have a floor to ceiling height of eight feet, except for those 14 rooms contained
within the micro-hotel component of the hotel along 2nd Street which shall not
diminish in size and dimension as depicted in the approved plans. The rooms in
the micro-hotel component shall only be rented at affordable rates. The project
does not include multiple room suites. Construction shall be in conformance with
the plans submitted and those amenities expressly required by these conditions of
approval (e.g., the bicycles, bus tokens, etc.) or as modified by the Planning
Commission, Architectural Review Board or Director of Community Development.
The on-site provision of ancillary amenities, such as conferencing facilities, spa,
and a florist may be determined by the Planning Commission or Director of
Community Development to constitute a hotel amenity resulting in a change in
character of the limited amenity hotel that would be subject to Planning
Commission approval. Additionally, combination of rooms to create larger rooms,
or multiple room suites, would result in a change in character of the hotel and would
be subject to Planning Commission approval. This condition does not apply to the
project’s ground floor commercial space fronting on Ocean Avenue, which shall be
governed by the Zoning Ordinance’s use regulations.
16. Project plans shall be subject to complete Code Compliance review when the
building plans are submitted for plan check and shall comply with all applicable
provisions of Article IX of the Municipal Code and all other pertinent ordinances
and General Plan policies of the City of Santa Monica prior to building permit
issuance.
Fees
17. As required by California Government Code Section 66020, the project applicant
is hereby notified that the 90-day period has begun as of the date of the approval
of this application, in which the applicant may protest any fees, dedications,
reservations, or other exactions imposed by the City as part of the approval or as
a condition of approval of this development. The fees, dedications, reservations,
or other exactions are described in the approved plans, conditions of approval,
and/or adopted city fee schedule.
3.B.a
Packet Pg. 126 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
11
Project Operations
18. 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.
19. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
20. All on-site parking spaces for employee or customer use shall be clearly identified
as such with either signage or pavement markings.
Standard Conditions
21. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot, unless otherwise permitted
by applicable regulations. Roof locations may be used when the mechanical
equipment is installed within a sound-rated parapet enclosure.
22. Final approval of any mechanical equipment installation will require a noise test in
compliance with SMMC Section 4.12.040. Equipment for the test shall be provided
by the owner or contractor and the test shall be conducted by the owner or
contractor. A copy of the noise test results on mechanical equipment shall be
submitted to the Community Noise Officer for review to ensure that noise levels do
not exceed maximum allowable levels for the applicable noise zone.
23. Final parking lot layout and specifications shall be subject to the review and
approval of the Mobility Division.
24. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City’s graffiti removal program.
3.B.a
Packet Pg. 127 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
12
VOTE (deny Appeal 21ENT-0167)
Ayes: de la Torre, Brock, Negrete, Davis, Parra, McCowan
Nays: Himmelrich
Abstain: None
Absent: None
VOTE (approve Appeal 21ENT-0163 and approve Conditional Use Permit 19ENT-
0397 with amended Conditions of Approval)
Ayes: de la Torre, Brock, Negrete, Parra
Nays: Davis, McCowan, Himmelrich
Abstain: None
Absent: None
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.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
_____________________________ _____________________________
Sue Himmelrich, Mayor Date
Acknowledgement by Permit Holder
I hereby agree to the above conditions of approval and acknowledge that failure to comply
with such conditions shall constitute grounds for potential revocation of the permit
approval.
Print Name and Title Date
3.B.a
Packet Pg. 128 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
13
Applicant’s Signature
3.B.a
Packet Pg. 129 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))
Attachment B
Draft Statement of Official Action
14
3.B.a
Packet Pg. 130 Attachment: Shore Hotel Council STOA [Revision 3] (4995 : Adoption of the Shore Hotel Statement of Official Action (STOA))