1 STATEMENT OF OFFICIAL ACTION
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT INFORMATION
CASE NUMBERS: 20ENT-0237 (Conditional Use Permit to amend 96CUP009 for alcohol service) 21ENT-0090 (Conditional Use Permit for restaurant)
LOCATION: 849 Ocean Avenue
APPLICANT: OCBSM Owner LLC
PROPERTY OWNER: OCBSM Owner LLC
CASE PLANNER: Rathar Duong, Associate Planner
REQUEST: The applicant requests approvals of two Conditional Use Permits to provide meal and alcohol services to the
General public offered by the Oceana Hotel’s existing
onsite restaurant. These services are currently limited only to hotel guests and their visitors. Conditional Use Permit 21ENT-0090 seeks to open the Oceana Hotel’s existing
restaurant to the general public within established indoor and outdoor dining facilities on the hotel property.
Conditional Use Permit 20ENT-0237 seeks to amend the
hotel’s existing Conditional Use Permit 96CUP-009
associated with the hotel’s existing ABC Type 70 alcohol license (On-Sale General-Restrictive Service) to provide alcohol service to the general public in conjunction with the hotel’s full-service restaurant meal service pursuant to a an ABC Type 47 License (On-Sale General-Eating Place).
The proposed project requires modifications to land use regulations contained in Article 9 of the Municipal Code.
Therefore, an application to amend the Santa Monica
Municipal Code (SMMC) will also be considered by the
DocuSign Envelope ID: 54A35E1F-109E-498F-8C48-1AA488CB249B 2 Commission for formulation of a recommendation to the City Council. Text Amendment 20ENT-0236 seeks to
amend SMMC Section 9.08 (Multi-Unit Residential
Districts), specifically SMMC Section 9.08.020 – Land Use Regulations to establish a Conditional Use Permit
requirement for an existing legal, non-conforming hotel restaurant located within the R2 and R3 Zoning Districts to request approval to provide meal service to the general public provided that certain criteria are met. The Oceana Hotel is located in the R3 (Medium Density Residential) Zoning District.
The approval of Conditional Use Permit 20ENT-0237 to
amend 96CUP-009 for alcohol service and Conditional
Use Permit 21ENT-0090 for opening the onsite hotel
restaurant to the public are contingent on City Council’s approval of Text Amendment 20ENT-0236.
CEQA STATUS: Projects that are denied are not subject to the California Environmental Quality Act pursuant to CEQA Guideline
Section 15270(a).
PLANNING COMMISSION ACTION
June 9, 2021 Determination Date
Approved based on the following findings and subject to the conditions below.
X Denied.
Other:
EFFECTIVE DATES OF
ACTIONS IF NOT APPEALED:
June 24, 2021
EXPIRATION DATE OF ANY
PERMITS GRANTED:
n/a
LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION
DATES*:
n/a
* Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
DocuSign Envelope ID: 54A35E1F-109E-498F-8C48-1AA488CB249B 3 FINDINGS:
CONDITIONAL USE PERMIT FINDINGS (20ENT-0237 and 21ENT-0090) A. Upon consideration of the proposal and associated applications in a public hearing and after hearing public testimony, the Conditional Use Permit (CUP) and Alcohol Outlet findings required by SMMC Sections 9.41.060 and 9.31.040(C) cannot be made in the affirmative by the Planning Commission in support and approval of Conditional Use Permit applications 20ENT-0237 and 21ENT-0090 to amend an existing alcohol CUP (96ENT-009) to permit a Type 47 license in conjunction with opening up the existing onsite hotel restaurant to the general public for meal and alcohol service. 849 Ocean Avenue is located within the R3 (Medium Density Residential) District and the existing Oceana Hotel is a legal nonconforming use. A publicly-accessible restaurant and by extension, the service of alcoholic beverages with meal service are not permitted uses by the Zoning Ordinance within the R3 Zoning District and is specifically prohibited by SMMC Section 9.08.020, Table 9.08.020 – Land Use Regulations without first modifying certain permitted uses in the Zoning Ordinance through a Text Amendment to allow the existing restaurant meal service and associated alcohol service to be provided to the general public. The Planning Commission considered this proposed Text Amendment (20ENT-0236) and, by a vote of 3-3, did not recommend approval.
Further, use-related conditions specifying the following were not included in the staffrecommended conditions of approval for the two CUPs: 1) hours of operation that include a 10:00 PM closing hour on Sundays; 2) valet service that includes bicycle valet; 3) a requirement for multi-year annual review for evaluating compliance with conditions of approval that also includes a clear process for public participation, including an assessment of parking operations and parking demand generated by the restaurant; and 3) a condition addressing the limitation on private events.
DocuSign Envelope ID: 54A35E1F-109E-498F-8C48-1AA488CB249B 4 VOTE for Denial of Conditional Use Permit 20ENT-0237
Ayes: Fonda-Bonardi, Fresco, Lambert, Landres, Raskin, Ries Nays:
Abstain:
Absent: Paster
VOTE for Denial of Conditional Use Permit 21ENT-0090
Ayes: Fonda-Bonardi, Fresco, Lambert, Landres, Raskin, Ries Nays:
Abstain:
Absent: Paster
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 Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Shawn Landres, Chairperson Date
DocuSign Envelope ID: 54A35E1F-109E-498F-8C48-1AA488CB249B 7/21/2021