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HomeMy WebLinkAboutOrdinance #3774 ORDINANCE NO 3774 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING SPECIFIC PLAN 5 (DOWNTOWN SPECIFIC PLAN) AND CHAPTERS 203 (DEFINITIONS), 204 (USE CLASSIFICATIONS), AND 211 (COMMERCIAL DISTRICTS) THEREOF TO CONFORM LCP AMENDMENT NO 2-06 TO MODIFICATIONS MADE BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, pursuant to State Planning and Zoning Law the City Council of the City of Huntington Beach has held a public hearing relative to Amendment No 2-06 wherein all information presented at said hearing was carefully considered, and after due consideration of the findings and all evidence presented to the City Council, the City Council found that such amendment to the Specific Plan was proper, and consistent with the Huntington Beach General Plan and Huntington Beach Local Coast Program, Pursuant to the California Coastal Act, Local Coastal Program Amendment No 2-06 was referred to the Coastal Commission for its consideration and certification, and The Coastal Commission has certified Local Coastal Program Amendment No 2 06 with suggested modifications and The City Council wishes to accept and approve said modifications in accordance with the provisions of the California Coastal Act, The City Council of the City of Huntington Beach does hereby ordain as follows SECTION 1 The proposed amendments to the Downtown Specific Plan (SP 5) and Huntington Beach Zoning ad Subdivision Ordinance (Chapters 203, 204 and 211) as identified on the attached Exhibit A and incorporated by this reference as though fully set forth herein and is hereby adopted and approved SECTION 2 This ordinance shall become effective 30 days after its adoption 07 1095/11790 1 Ordinance No 3774 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of August , 2007 /t5cx nAMMA:? ATTEST A OVED AS TO FORM c City Clerk V (city Att6rney REVIEWED AND APPROVED INITI T D AND APPROVED �� L,� 7 Z 07 City imstrator Dire for 6f Planning 07 1095/11790 2 Ordinance No 3774 Ordinance No 3774 APPENDIX A HNB LCPA 2-06 Suggested Modifications Certification of City of Huntington Beach LCP Amendment Request No 2-06 is subject to the following modifications Suggested Modifications Nos 1-13 are modification to the Land Use Plan Suggested Modifications 14-34 are modifications to the Implementation Plan The City s existing language is shown in plain text The City's proposed additions are shown in bold text. The City s proposed deletions are shown in The Commission's suggested additions are shown in bold, italic, underlined text The ]/Commissions suggested deletions are shown in . out , Text added as a result of the Commission s action is shown in b d, italic. double untied e Text removed as a result of the Commission's action is shown in i+„hle •,niJe vbne �H,L� nu+fev The more significant changes made as a result of the Commission s action are found on pages 10 11, 13 15—22 Note The numbering used in the suggested modification below may be re- numbered as necessary to conform to the format of the existing certified LCP document LAND US PLAN SUGGESTED MO (CATION NO 1 Add the following definitio the Glossary Huntington Beach General Plan, which is found at the end of th certified Land Use Plan, pages IV-C-146 through IV-C-155 in alphabetical order Condominium-Hotel—Facdi rovr ovemr ht visitor accommodations where ownership of at least some of th'eindividual auestrooms units within the larcier buildina or complex is in'the form of separate Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apnl 2007 Page 8 uses (in accordance with Development Agreement), a Condominium-Hotel sub ect to restrictions IMPLEMENTATION PLAN SUGGESTED MODIFICATION NO 14 In the Downtown Specific Plan Section 4 0 04 (Definitions), delete the proposed timeshares definition Replace with the following timeshare definition Timeshare-Any arrangement,plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of tune less than a full vear during any given year,on a recurring basis for more than one year. but not necessarily for consecutive years Add the following definitions to the Downtown Specific Plan Section 4 0 04 (Definitions) in alphabetical order SUGGESTED MODIFICATION No 15 Condominium-Hotel-Facility providing overn»rht ws�tor accommodations where ownership of at least some of the mdiwdual guestrooms(units) within the larger building or complex is in the form of separate 8 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 9 condominium ownership interests.as defined in California Civil Code section 1351(t) The onmary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that Is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests SUGGESTED MODIFICATION No 16 Fractional Ownership Hotel-Facility providing overnight visitor accommodations where at least some of the ouestrooms(units) within the facility are owned separateiv by multiple owners on a fractional time basis A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain Quantity of days per year and each unit available for fractional ownership wtli have multiple owners SUGGESTED MODIFICATION No 17 Hotel Owner/Operator- The entity that owns and operates a hotel /f the hotel operator is separate from the hotel owner both are iolntly and severally responsible for ensuring compliance with the re uirements described m this LCP and/or recorded against the property, as well as iointly and severally liable for violations of said requirements and restrictions SUGGESTED MODIFICATION No 18 Limited Use Overnight Visitor Accommodations-Any hotel,motel, or other similar facility that provides overnight visitor accommodations wherein a ,purchaser receives the right in perpetuity for life, or a term of dears, to the recurrent, exclusive use or occupancy of a lot;parcel, unit, roomfs), or segment of the facility, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy penods into which the facility has been divided and shall Include, but not be limited to Timeshare, Condominium-Hotel, Fractional Ownership Hotel, or uses of a similar nature SUGGESTED MODIFICATION NO 19 Modify the City s proposed addition to Section 4 9 01(b) Permitted Uses, as 9 Ordmance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 10 follows Timeshm Units Fractional Ownership Hotel pursuant to section 4 912 SUGGESTED MODIFICATION NO 20 Delete proposed Section 4 9 12 of the Downtown Specific Plan and replace with the following Section 4 9 12 4 912 Fractional Ownership Hotel May be permitted and shall be conditioned as follows a) A minimum of 90% of the total number of hotel guestrooms/unds within the Fractional Ownership Hotel facility shall be available as transient hotel rooms The non-fractional hotel rooms shall be operated as transient overnight visitor accommodations available to the Qeneral public on a daily basis, year-round b) A maximum of 10% of the total number of Questrooms/units within the Fractional Ownership Hotel facility may be subdivided into separate saleable units each of which can be owned by multiple owners on a fractional time basis A fractional time basis means that an owner for owners)receives an exclusive nQht to the use of an individual unit for a combined period not to exceed the an pro bme period, which approved time period at the option of the hotel owner/operator may range un to three calendar months,in any one calendar year c) The hotel owner/operator retains control and ownership of all land,, structures, recreational amenities, meeting space, restaurants, "back of house"and other non-guestroom/units d) The hotel operator shall maintain records of usage by owners and renters and rates charged for all units, and shall be responsible for reporting Transient Occupancy Taxes based on records of use for all units,a service for which the hotel operator may charge the unit owner a reasonable fee e) No portion of the Fractional Ownersh/p Hotel(neither fractional units nor traditional hotel units) may be converted to full-time occupancy condominium or any other type of Limited Use Overnroht visitor Accommodations or other proiect that differs from the approved hotel units f} When an owner of a fractional interest in a unit chooses not to occupy his/her unit for any portion of the time allotted to him/her, that unit shall be available to the-general public on the same basis as the traditional hotel units 10 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings April 2007 Page 11 g) Any hotel rooms for which a certificate of occupancy has been issued at the effective date of adoption of this Section shall not be permifted to be converted to a Limited Use Overnight Visitor Accommodation h) EuIr.t_g inyang-e of a buildina vermit and rn coniunctlon wwiffi pop oval of a co stal development pemit for any fto of hotel &crhty, the landownerts) of the proyaMdies)upon which the exrstrna and/or approved traditronal hot i units m ms(l.e. tra scent hotel rooms)_are or will be develo ed within District 7 shall execute an Mgprd a deed resfrrcronts) sub mpt to the review and approval of ftm P/anrnna Directorand the Emutive Diodar of the Coastal Commission which prohibits the myemion of traditional h tel u it toms to any other type of ownership(e.a, limited use oQv rnraht_vrsrtor accommodations). The deed restriction shall be submitted for review and approval of the Plannrn Director and the r of C s_W Co rrri wa wgr to aad2a o he coastal development permif. The dead restriction(s) shall run with the land, shall be executed and consented to by the embna b (a) of the afi ect d oropertv(ies)And-shay bind►na one n ownerfal. /essee(s), and on all successors and assrans of the land__ o (s) and lesseets). IncI d na without bmUMn any future lrenholders. The deed restriction( )shall not be removed or changed without approval of an amendment to the LOT bit the Coastal Qmmisiskn and to the underlying coastal development permit, However minor obanges that do not conflict with ubsectro a)and glaboye inny be processed as an amendment to the coastal develo_ m nt permit o 1_v._unless it is determined by the Director of P annina and the Executive Director of the Coastal Commission that an MendMent is not legally re ua� . i) Fractional time owners shall have the ryght to the use of their units Including a maximum use of 90 days per calendar year with a maximum of 29 consecutive days of use durina any 60 day period J) The hotel owner/operator shall be reaulred to submit, prior to Issuance of a coastal development permit for the review and approval of the Director of Planning, a Declaration of Restrlchons or CC&Rs(Covenants, Conditions&Restrictions), either of which shall include 1 All the specific restrictions listed in a through I above 2 Acknowledgement that these same restnctions are Independendy imposed as condition requirements of the coastal development permit 3 A statement that provisions of the DeclarationlCC &R's that reflect the requirements of a through l above cannot be changed without approval of an LCP amendment by the 11 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 12 Coastal Commission and subsequent coastal development Permit amendment However, minor changes that do not conflict with a)-i) above may be processed as an amendment to the coastal development permit;unless it Is determined by the Director of Planning that an amendment is not le_gallY required /f there is a section of the Declarationl=R's related to amendments, and the statement provided pursuant to this paragraph is not in that section, then the section on amendments shall cross-reference this statement and clearly indicate that it controls over any contradictory statements m the section of the Declaradonl=R's on amendments k) The CC &R's or Declaration of Restrictions described above shall be recorded against all individual"o erty titles simultaneously with the recordation of the condominium airspace map 1) The grovisions of the CC& R's or Declaration of Restncbons described above shall not be changed without approval of an amendment to the LCP by the Coastal Commission However minor changes that do not conflict with a) through k)above may be processed as an amendment to the coastal development permit, unless It is determined by the Director of Planning that an amendment is not legally required m) The hotel owner/operator or any successor-in-interest hotel owner/operator shall maintain the legal abilhy to ensure compliance with the terms and conditions stated above at all times mperpetui and shall be responsible in all respects for ensuring that all parties subiect to these restnctlons comply with the restrictions Each owner of a fractional Interest in a unit is tointly and severally liable with the hotel ownerloperator for violations of the terms and conditions hereof Imposed by the special conditions of the coastal development permit Violations of the coastal development permit can result in penalties pursuant to Public Resources Code Section 30820 n) AH documents related to the marketing and sale of the fractional mterest units, mcluding marketing materials, sales contracts, deeds, CC& R's and similar documents, shall notify buyers of the following i The owners of a fractional Interest in a unit are Jointly and severally liable with the hotel owner/operator for any violations of the terms and conditions hereof imposed by the coastal development permit 2 The occupancy of the units is restricted to 90 days per calendar year with a maximum of 29 consecutive days of use during any 60 day period, and when not in use by the owner, the unit shall be made available for rental by the hotel operator 12 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 13 to the enml public and that the coastal development vermit contains additional restrictions on use and occupancy o) The hotel owner/operator and any successor-in-Interest hotel owner/operator, and each future owner of a fractional interest m a unit shall obtain, prior to sale of a fractional interest, a written acknowledgement from the buyer that occupancy by the owner is limited to 90 days ver calendar year with a maximum of 29 consecutive days of use during any 60 day period, that the unit must be available for rental by the hotel operator to the-general public when not occupied by the owner, and that there are further restrictions on use and occupancy in the coastal development permit and the CC& R's or Declaration of Restrictions p) The hotel owner/operator and any successor-in-interest hotel owner/operator shall monitor and record hotel occupancy and use by the general ublic and the owners of a fractional Interest in a unit throughout each year The monitoring and record keving shall Include specific accounting of owner usage for each individual _westroom/unit The records shall be sufficient to demonstrate compliance with the restrictions set forth In a through I above The hotel owner/-operator shall also maintain documentation of rates Raid for hotel occupancy and of advertising and marketing efforts Alt such records shall be maintained for ten years and shall be made available to the City, and to the^^^^sr^• r'r`^ e�cutwe Director o the Coastal Commimon upon request and to the auditor required by section a below Within 30 days of commencing hotel operations, the hotel owner/operator shall submit notice to the Director of Plannma and to the Executive Director of the California Coastal Commission of commencement of hotel operations q) Within 90 days of the end of the first calendar year of hotel operations, and within 90 days of the end of each succeeding calendar year, the hotel ownerloverator shall retain an independent auditmg company, approved by the Director of Planning, to perform an audit to evaluate compliance with special conditions of the coastal development permit which are required by this Section regardLng notice, recordkeepin-g, and monitoring of the Fractional Interest Hotel The audit shall evaluate compliance by the hotel ownerloperator and owners of fractional interests In a unit during the prior calendar y9ar period The hotel owner/operator shall instruct the auditor to prepare a report identifying the auditor's findings, conclusions and the evidence relied upon, and such report shall be submitted to the Director of Planning,for review and aaproval, and shall be available to the aenerabaul,^Executive Director of the Ggestal Commulon upon request, within six months after the conclusion of each one year period of hotel operations After the 13 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apnl 2007 Page 14 Initial five calendar Mars, the one-year audit period may be extended to two years upon wntten approval of the Director of Plannin_a The Director of Planning may arant such ap,proval if each of the orevious audits revealed compliance with all restrictions imposed above SUGGESTED MODIFICATION NO 21 Add new Section 4 9 13 as follows 4 913 if the hotel owner and the hotel operator at any point become separate entities, the hotel owner and the hotel operator shall be lo/ntly and severally responsible for ensuring compliance with the regwrements identified above if the hotel owner and hotel operator become separate enhhes they shall be jointly and severally liable for vio_ladons of the terms and conditions restrichons2 identified above SUGGESTED MODIFICATION NO 22 Add new Section 4 9 14 as follows 4 914 A coastal development permit apphcation for a Frachonai Interest Hotel shall include a plan specifvina how the requirements outlined In 4 912 will be implemented The plan must include, at_a minimum, the fonn of the sale, deed and CC & RslDeclaratton of Restrictions that will be used to satisfy the requirements and the form of the rental program agreement to be entered Into between the individual unit owners and the hotel owner- operator The plan must demonstrate that the applicant wit establish mechanisms that provide the hotel operator and any successomn-interest hotel operator adequate legal authority to implement the reguirements of Section 4 912 above An acceptable plan meeting these requirements shall be incorporated into the special conditions of a oroval of any coastal development permit for a Fractional Interest Hotel Any proposed changes to the approved plan and subsequent documents pertaining to compliance with and enforcement of the terms and conditions reaured by Section 4 912 and this section mcludina deeds and CC & R's/Declarahon shall not occur without an amendment to the coastal development pennit,�,unless it Is determined by the Director of Planning that no such amendment is legally reguired 14 Ordmance No 3774 Appendix A(Suggested Modrficabons) HNB LCPA 2-06 Revised Findings Apn12007 Page 15 SUGGESTED MODIFICATION NO 23 4 915 Any hotel rooms for which a certificate of occupancy has been issued at the effective date of adoption of this Section shall not be permuted to be converted to a Fractional Ownership Hotel SUGGESTED MODIFICATION NO 24 4 916 In Lieu Fee Required 1 New development of ovemight accommodations that are not "lower cost"shall be required to pay, as a condition of approval of a coastal development permit, an in-lieu fee to provide si_ani cant funding to assist in the creation of a substantial contribution to lower cost overnight visitor accommodations in or near Huntington Beach The specific dollar amount of the fee shall be $3,000 in 2006 dollars (which shall be adjusted annually to account for inflation i e according to increases in the Consumer Price Index— U S City Average) times AWratthe total quantity of proposed mIimited use overnight visitor accommodation units 2 Prior to issuance of the coastal development permit,and upon execution of an appropriate agreement between the City and the designated recipient that assures use of the in-lieu fee for the intended mitigation, the applicant shall transfer the fee to the entity desiggnated in the agreement which shall be the City of Huntinaton Beach, the California State Department of Parks and Recreation; Hostelina International USA, or similar public agency and/or non- profit provider of lower cost overnight visitor accommodations N the in lieu fee, or any portion thereof, is not commuted toward a use L e with an effective agreement in place for use toward an identifiable protect) within one year of payment of the fee, the in 6eu fee shall be made available to be applied toward lower-cost overnight visitor accommodations at Crystal Cove State Park develen ew4 v,e if— sn__twMITIGrlatlom v.ill rlewewrl an 4he tAnal and reellonal 6uD i+f dal falenevlmmewf at�6e �i.we eF�/,enretlew�wi rn�rieu 15 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 16 SUGGESTED MODIFICATION NO 25 Modify the City's proposed addition to Section 4 11 01(b) Permitted Uses as follows Timeshare Unsts Condominium-Hotel pursuant to section 4 11 13 SUGGESTED MODIFICATION NO 26 Delete proposed Section 411 13 of the Downtown Speck Plan and replace with the following Section 4 11 13 41113 Condominium-Hotel May be permitted and shall be condthoned as follows aI Any hotel rooms for which a cerbfrcate of occupancy has been issued at the effective date of adoption of this Section shall not be permitted to be converted to a Condominium-Hotel a own— b) The hotel owner/operator shall retain control and ownership of all structures,,recreational amembes, meeting space, restaurants, "back of house"and other non:guest unit facilities When the Condominium-Hotel is located on land owned by the City, the hotel owner/operator shall be a leaseholder of the land upon which the Condominium-Hotel exists 91 The Condominium-Hotel facility shall have an on-site hotel o2erator to manage rentaUbooking of all guestroom/units Whenever any individually owned hotel unit is not occupied by its owner(s), that unit shall be available for hotel rental by the general pubhc on the same basis as a traditional hotel room a1 The hotel operator shall market and advertise all rooms to the general public Unit owners may also independently market and advertise their units but all booking of reservations shall be made by and through the hotel operator The hotel operator shall manage all auestroom/units as part of the hotel►nventorv, which manaaement will include the booking of reservations, mandatory front desk check-in and check-out, maintenance, cleaning services and preparing units for use by guests/owners, a service for which the hotel operator may charge the unit owner a reasonable fee 16 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 17 t� If the hotel operator is not servima as the rental agent for an individually owned unit, then the hotel operator shall nevertheless have the na_ht, working through the individually owned units' owners or their designated agents, to book any unoccupied room to fulfill demand, at a rate similar to comparable accommodations in the hotel The owner or an owner's rental agent may not withhold units from use In all circumstances, the hotel operator shall have full access to the condominiums'reservation and booking schedule so that the operator can fulfill its bookn_g and management obilgabons hereunder g� All guestroom/unit keys shall be electronic and created by the hotel operator upon each new occupancy to control the use of the individually owned units h! Unit owners shall not discourage rental of their unit or create disincentives meant to discourage rental of their unit~ 1 All individually owned hotel units shall be rented a rate similar to that charged by the hotel operator for the traditional hotel rooms of a similar class or amenity level 12 The hotel operator shall maintain records of usage by owners and renters and rates charoed for all units, and shall be responsible for reporting Transient Occupancy Taxes based on records of use for all units, a service for which the hotel operator may charge the unit owner a reasonable fee k1 Each indiwdualiy owned hotel unit shall be used by its owner(sl (no matter how many owners there are) for not more than 90 days per calendar year with a maximum of 29 consecutive days of use during any 60 day Period ft The use period limitations Identified in(k) above, shall be unaffected by multiple owners or the sale of a unit to a new owner during the calendar Year, meanie-q that all such owners of an_,y given unit shall be collecthre&subject to the use restriction as if they were a single, continuous owner mj No portion of the Condominium-Hotel may be converted to full- time occupancy condominium or any other type of Limited Use Overni_aht Visitor Accommodations or other project that differs from the approved Condominium-Hotel nI Pr�or to Issuanc of a buildlno Derrnit and In conjunction w►th Ann-Loyal-of a coastal d ve ment nennit for the COAdOminium- HoteL the lwdameds) of the proyrtvalti within District iu m -which the traditional unitsftoms (Le transient hotel rooms) are toned sbage ecute and recor{La deed rem tr p�js) subset to the review and aQnrovai of ift Planning Director and the fancubye Director of the Coastal OmMfibm which nrohibi the mvmlon of those traditional hotel units rooms (Q any other 17 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 18 tune of ownersh/p to n► lim ted use ov rnight visitor ac wwdattons) The deed restriction shall be submitted for revs w and approval of the Planning Dlrec or and the E ecutive Dimctor of the.Coastal Commission nnor to action on the coast d_ve� lonmentnermut -The deed restriction shall am with the laaad. shall be Mcubd and co seated to by the g=ftna lessee(s)of the affected 2=oc d&s) ntLsha/(be b► dma on the landowneds) and !INI, alld on all successors and ass ans of the andowr en's) and lesseets includ a wi hout hautabon anv futm ha holders This deed ms ichonts) shall not be removed or changed without apppreai of an amendment to the undedyma coastal development permit 12grMit and approval of an amendment to the LCP by the Coastal Com ass on However minor chanaes that do not canftt with subsect-ton a)and�ml abnye maybe processed as an amendment to the coastal development permit only unl ss it/s determined by thctor of Plannina and the Executtt�e Director of the Coastal Commission that such an amen ment is not leaaliv reau W, o The hotel owner/operator sha/1 be reaulred to submit prior to Issuance of a coastal development permit for the review and approval of the Director of Planning, a Declaration of Restrictions or CC &R's tCovenants, Conditions &Restrictions) ether of which shall Include 1 Ail the sgecifrc restrictions listed in a through m above, 2 Acknowledgement that these same restrictions are independently imposed as condition requirements of the coastal development permit, 3 A statement that provisions of the CC &Rs/Declaratton of Restrictions that reflect the requirements of a through n above cannot be chanced without approval of an LCP amendment by the Coastal Commission and subsequent coastal development permit amendment However,minor chanaes that do not conflict with a)-m) above may be processed as an amendment to the coastal development eerm►t, unless it is determined by the Director of Plannin_a that an amendment is not leaaliv required If there is a section of the C&RslDeclarahon of Restrictions related to amendments, and the statement provided pursuant to this paragraph is not In that section, then the section on amendments shall cross- reference this statement and clearly indicate that It controls over any contradictory statements In the section of the DeclarationlCC&R's on amendments 18 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 19 pl The CC&Rs or Declaration of Restrictions described above shall be recorded against all individual property titles simultaneously with the recordation of the condominium airspace map g� The provisions of the CC &R's or Declaration of Restrictions described above shall not be changed without approval of an amendment to the LCP by the Coastal Commission However minor changes that do not conflict with a) through, j above may be processed as an amendment to the coastal development permit, unless it is determined by the Director of Planning that an amendment is not legally required The hotel owner/operator or any successor-m-interest shall Maintain the legal ability to ensure compliance with the terms and conditions stated above at all times/n perpetuity and shall be responsible In all respects for ensuring that ail parties subiect to these restrictions comply with the restrictions Each owner of an individual guest room/condominlum unit is jointly and severaNy liable with the hotel owner-operator for any and all violations of the terms and conditions imposed by the special conditions of the coastal development permit with respect to the use of that owner's unit Violations of the coastal develo ment permit can result in penalties pursuant to Public Resources Code Section 30820 s1 All documents related to the marketing and sale of the condominium interests, including markekng materials, sales contracts, deeds, CC &Rs and similar documents_, shall notify buyers of the following 1 Each owner of any individual hotel unit is iointl y and severally liable with the hotel owner-operator for any violations of the terms and conditions of the coastal development permit with respect to the use of that owner's unit, and 2 The occupancy of the units by ownerfs)Is restricted to 90 days per calendar year with a maximum of 29 consecutive days of use during any 60 day period, and when not in use by the owner, the unit shall be made avallable for rental by the hotel operator to the,general Public per the terms of the coastal development permit and that the coastal development permit contains additional restrictions on use and occupancy t1 The hote/_owner/operator and any successor-in-interest hotel owner and operator, and each future individual unit owner shall obtain,prior to sale of Individual units, a written acknowledgement from the buyer that occupancy by the owner is limited to 90 days per calendar year with a maximum of 29 19 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 20 consecutive days of use during any 60 day period. that the unit must be available for rental by the hotel operator to the_general public when not occupied by the owner, and that there are further restrictions on use and occupancy m the coastal development permit and the CC & Rs or Declaration of Restrictions u2 The hotel owner/operator and any successor-in-interest hotel owner and operator shall monitor and record hotel occupancv and use by the general public and the owners of individual hotel units throughout each year The monitoring and record keeping shall includes eclric accounting of owner usage for each individual guestroom/und The records shall be sufficient to demonstrate comp/lance with the restrictions set forth in a through n above The hotel owner-operator shall also maintain documentation of rates paid for hotel occupancy and of adverbsin_n and marketing efforts All such records shall be maintained for ten years and shalt be made available to the City, and the ae>mral ads xecuUve fteator of the Coasta omm/ssion upon request and to the auditor required by section v below Within 30 days of commencing hotel operations. the hotel owner-operator shall submit notice to the Director of Planning and to the Executive Director of the Cahfornia Coastal Commission of commencement of hotel operations _j Withm 90 days of the end of the first calendar year of hotel operations, and within 90 days of the end of each succeeding calendar year, the hotel owner-operator shall retain an Independent auditing company, approved by the Director of Planning, to perform an audit to evaluate compliance with special conditions of the coastal development permit which are required by this Section regarding occupancy restnctions, notice, recordkeepin_o, and monitoring of the Condominium-Hotel The audit shall evaluate compliance by the hotel owner/operator and owners of Individual hotel units during the prior one-year period The hotel owner/operator shall instruct the auditor to prepare a report ident�the auditor's findings, conclusions and the evidence relied upon, and such report shall be submitted to the Director of Planning, for review and approval, and shall be available to the Executtve Director of the Coastal C—Tmisslon upon request, within six months after the conclusion of each one year period of hotel operations After the lnftia/five calendar years, the one-year audit period may be extended to two years upon written approval of the Director of Planning The Director of Planning may grant such approval if each of the previous audits revealed compliance with all restrictions imposed above 20 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apnl 2007 Page 21 SUGGESTED MODIFICATION NO 27 Add new Section 4 11 14, as follows 4 11 141f the hotel owner and the hotel operator at any point become karate entities, the hotel owner and the hotel operator shall be Iomdy and several,.y responsible for ensuring compliance with the requirements identifled above If the hotel owner and hotel operator become separate entities, they shall be Jointly and severally l able for wolabons of f the terns and conditions frestnctions) identified above SUGGESTED MODIFICATION NO 28 Add new Section 4 11 15, as follows 4 11 15 A coastal development permit application for a Condommium-Hotel shall include a elan specifying how the requirements outlined in 4 11 13 wlll be im lemented The plan must include, at a minimum, the form of the sale, deed and CC$ RslDectaration of Restrictions that will be used to satisfy the requirements and the form of the rental program agreement to be entered into between the mdividual unit owners and the hotel owner/operator Theplan must demonstrate that the Omilcant will establish mechanisms that provide the hotel operator and any successor- in-interest hotel operator adequate legal authority to implement the requirements of Section 4 11 13 above An acceptable plan meeting these requirements shall be incorporated into the special conditions of approval of any coastal development permit for a Condominium-Hotel Anv proposed changes to the approved plan and subsequent documents pertaining to compliance with and enforcement of the terms and conditions required by Section 4 11 13 and this section Including deeds and CCSRs/Declaration of Restrictions shall not occur without an amendment to the coastal development permit, unless it Is determmed by the Director of Planning that an amendment is not legally required SUGGESTED MODIFICATION NO 29 Add new Section 4 11 16, as follows 4 1116 Any hotel rooms for which a certificate of occupancy has been issued m the District at the effective date of adoption of this Section 21 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 22 (4 11 13)shall not be permuted to be converted to Limited Use Overnight Visitor Accommodations SUGGESTED MODIFICATION NO 30 Add new Section 411 17 as follows 4 11 17 In Lieu Fee Required 1 New development of overnight accommodations that are not"lower cost"shall be required to bias a condition of a groval of a coastal development permit, an in-lieu fee to provide significant funding to assist in the creation of a substantial contribution to lower cost overm_aht visitor accommodations In or near Huntington Beach _The specific dollar amount of the fee shall be IRM S3 000 in 2006 dollars(which shall be adlusted annually to account for inflation i e according to increases m the Consumer Price Index— U S City Average) times the total quantity of proposed n^n-'^••ate^^ jW Itmited use overnight visitor accommodation units 2 Prior to issuance of the coastal development permit, and upon execution of an approynate agreement between the City and the designated recipient that assures use of the in-lieu fee for the intended mifrgation. the applicant shall transfer the fee to the entity designated in the agreement, which shall be the Ctty of Huntington Beach, the California State Department of Parks and Recreation, Hosteling International USA, or similar public agency and/or non- profit provider of lower cost overnight visitor accommodations If the to lieu fee, or any portion thereof, is not committed toward a use fi a with an effective agreement in place for use toward an identifiable prolect) within one year of payment of the fee, the In lieu fee shall be made available to be applied toward lower-cost overnight visitor accommodations at Crustal Cove State Park �e+e.ommo./a}, nea ue(/I daw ad an.the/no•./ands ev,an../�.• n/.of W. n^m,s.adq e-n Alm——a .ane,/ ap t eiJ deveie}ynmen}of the_time of dmrr hena ev M,e.mu � 'r'rrsr' Suggested Modification No 31 In the Zoning and Subdivision Ordinance, in Chapter 211 C Commercial Districts within Section 21104 CO CG and CV Districts Land Use Controls on the allowable uses chart (pages 211-2 through 211-4) on page 211-4, under Quasi Residential delete timeshares, residential hotels and single room occupancy as 22 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings April 2007 Page 23 uses within the CV district and add the following under Visitor Accommodations, after Hotels Motels CO CG CV Additional Provisions Visitor Accommodations Bed & Breakfast Inns PC PC PC (K) Hotels Motels - PC PC (1) Condominium—Hotel/ PC for lettered as .appropriatel Fractional Ownership Hotel Quasi Residential Timeshares - PC RC (1), (J) Residential Hotel - PC PC (J) Single Room Occupancy PC PC Suggested Modification No 32 At the end of section 21104 Additional Provisions, add new Additional Provision (W) [or lettered as appropriate to conform to the City's format] (M In the CV D►str►ct, Condominium-Hotels and/or Fractional Interest Hotels are allowed only at the Pac►f►c City(Downtown Spec►fic Plan District 7) and Waterfront(Downtown Specific Plan Distnct 9)sites Refer to Downtown Specific Plan Suggested Modification No 33 In the Zoning and Subdivision Ordinance, in Chapter 203 Definitions, add the following definitions in alphabetical order Hotel Owner/Operator— The ent►!y that owns and operates a hotel N the hotel operator is separate from the hotel owner both are io►ndy and severally responsible for ensuring compliance with the mguiremen#s described in this LCP and/or recorded against the property, as well as jo►ndy and severally liable for violations of said regu/cements and restrictions Limited Use Overn►ght Visitor Accommodations—Any hotel, motel, or other similar facility that provides overnight visitor accommodations wherein a Purchaser receives the right in perpetuity, for life, or a term of years, to the recurrent, exclusive use or occupancy of a lot;parcel, unit room(s), or se ment of the fac►l►tyLannualty, or on some other seasonal or per►od►c basis, for a period of hme that has been or will be allotted from the use or 23 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings April 2007 Page 24 occupancy Periods into which the facility has been divided and shall include, but not be limited to Timeshare,L Condominium-Hotel, Frachonal Ownership Hotel, or uses of a similar nature SUGGESTED MODIFICATION NO 34 Replace existing definition of"timeshare" in Chapter 204 with the following Timeshare-Any arrangement lan, or similar program, other than an exchange program, Whereby a gurchaser receives ownership nahts in or the rtaht to use accommodations for a Pend of time less than a full year during any given year, on a recurnn4 basis for more than o_ne near, but not necessanly for consecutive years Add the following new definitions to Chapter 204 Condominium-Hotel-Facility Providing overnight visitor accommodations where ownership of at least some o f the individual auestrooms (units) within the lar,aer building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code section 13510) The odmary function of the Condominium-Hotel Is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are m the form of separate condominium owners Interests Fractional Ownersh p Hotel-Faghty providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multmle owners on a fractional time basis A fractional time basis means that an owner receives exclusive right to use of the Individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners 24 Ordinance No 3774 Appendix A(Suggested Modifications) HNB LCPA 2-06 Revised Findings Apn12007 Page 25 HNS LCPA 2-06 tmshrs RF rvsd sugmods 4 07 my 25 Ord No 3774 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 16th day of July,2007,and was again read to said City Council at a regular meeting thereof held on the 61h day of August,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES None i ABSENT None ABSTAIN None I Joan L Flynn CITY CLERK of the City of Huntington Beach and ex officio Clerk of the City Council do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on August 16 2007 g?") In accordance with the City Charter of said City Joan L Flynn, Cily Clerk City Clerk and ex-officio C erk -Deputy City Clerk of the City Council. of the City of Huntington Beach, California