HomeMy WebLinkAboutCity Council - 2007-43 RESOLUTION NO. 2007-43
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE LOCAL COASTAL
PROGRAM BY AMENDING THE COASTAL ELEMENT
WHEREAS, pursuant to State Planning and Zoning Law, the City Council of the City of
Huntington Beach has held a public hearing relative to Local Coastal Program 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 Coastal Element was proper, and consistent with the
Huntington Beach General Plan and Huntington Beach Local Coast Program; and
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 modification in accordance with the
provisions of the California Coastal Act,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1. The proposed amendment to the Local Coastal Program Amendment No. 2-06
consisting of proposed modifications to the Coastal Element as identified on the attached
Exhibit A and incorporated by this reference as though fully set forth herein, is hereby adopted
and approved.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16 th day of July , 2007.
ej AL
a ,
REVIEWED AND APPROVED: AP AS TO FORM:
ity Ad inistrator / XXAMtomey 110-11-
(� INITIA D A DAPPROVED:
7 7
Plann' g Dire or
07-1095/11789
Exhibit"A" Resolution No.2007-43
Exhibit"A" Resolution No.200743
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 Commission's suggested deletions are shown in
Text added as a result of the Commission's action is shown in d. italic.
double underline.
Text removed as a result of the Commission's action is shown in b^
dwlli+/w llndadi► p strike wilt twvf
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 USE PLAN
SUGGESTED MODIFICATION NO. 1
Add the following definition to the Glossary, Huntington Beach General Plan,
which is found at the end of the certified Land Use Plan, pages IV-C-146 through
IV-C-155, in alphabetical order:
Condominium-Hotel-Facility providing overnl_ght visitor accommodations
where ownership of at least some of the individual_auestrooms (units)
within the larger building or complex is in the form of separate
Exhibit"A" Resolution No.2007-43
Appendix A(Suggested Modifications)
HNB LCPA 2-06 Revised Findings
April 2007
Page 2
condominium ownershig interests,as defined in California Civil Code
section 13510) The primary 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 avai►abllity and limited owner occupancy of
those units that are in the form of separate condominium ownership
interests.
SUGGESTED MODIFICATION NO. 2
Add the following definition to the Glossary, Huntington Beach General Plan,
which is found at the end of the certified Land Use Plan, pages IV-C-146 through
IV-C-155, in alphabetical order:
Fractional Ownership Hotel-Facility providing overnight visitor
accommodations where at least some of the questrooms (units) within the
facility are owned separately 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 will have multiple owners.
SUGGESTED MODIFICATION NO. 3
Add the following definition to the Glossary, Huntington Beach General Plan,
which is found at the end of the certified Land Use Plan, pages IV-C-146 through
IV-C-155, in alphabetical order:
Hotel OwnerlOperator- The entity that owns and operates a hotel. ►f the
hotel operator is separate from the hotel owner both are ioint►y and
severally responsible for ensuring compliance with the requirements
described in this LCP and/or recorded against the property, as-well as
iointiy and severally liable for violations of said requirements and
restrictions.
SUGGESTED MODIFICATION NO. 4
Add the following definition to the Glossary, Huntington Beach General Plan,
which is found at the end of the certified Land Use Plan, pages IV-C-146 through
IV-C-155, in alphabetical order:
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 years, to the
2
Exhibit"A" Resolution No.2007-43
Appendix A(Suggested Modifications)
HNB LCPA 2-06 Revised Findings
April 2007
Page 3
recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), 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 periods 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. 5
Add the following definition to the Glossary, Huntington Beach General Plan,
which is found at the end of the certified Land Use Plan, pages IV-C-146 through
IV-C-155, in alphabetical order.
Timeshare—AU arrangement, plan, or similar grogram, other than an
exchange program. whereby a purchaser receives ownership rights in or
the rl_ght to use accommodations for a period of time less than a full Year
during any given year, on a recurring basis for more than one year but not
necessarily for consecutive years.
SUGGESTED MODIFICATION NO. 6
Delete the City's proposed new language to Land Use Plan Policy C 3.2.4 (on
page IV-C-108) as follows:
Timeshares may be permitted in the Commercial General District(CG), and,
Mixed Use Districts (M, MH, and MV),
plan ^- ' ^* provided that any such project be conditioned as
follows: (I-C 1, I-C 2, I-C3, I-C 7)
a) That at least twenty-five percent of the units within any given facility be
permanently reserved for transient overnight accommodations during the
summer season (beginning the day before the Memorial Day weekend
and ending the day after Labor Day).
b) That the timeshare facility operate as a hotel including requirements for a
centralized reservations system, check-in services, advertising, security,
and daily housecleaning.
SUGGESTED MODIFICATION NO. 7
Add the following new Land Use Plan Policy after existing Policy number 3.2.4
and re-number policies accordingly:
Any hotel rooms for which a certirrcate of occupancy has been issued at
3
Exhibit"A" Resolution No.2007-43
Appendix A(Suggested Modifications)
HNB LCPA 2-06 Revised Findings
Apri12007
Page 4
the effective date of adoption of this Section shall not be permitted to be
converted to a Limited Use Overnight VlsitorAccommodation.
SUGGESTED MODIFICATION NO. 8
Add the following new Land Use Plan Policy after the new policy above
(Suggested Modification No. 7) and re-number policies accordingly:
Within Commercial Visitor Districts(CV) Limited Use Overnight Visitor
Accommodations shall be prohibited except for a Fractional Ownership
Hotel in Subarea 4C(Pacific Citv1 and a Condominium-Hotel in Subarea 4D
(Waterfront) which shall be subject to the specific restrictions on quantity,
management and use of such facilities listed below.
SUGGESTED MODIFICATION NO. 9
Add the following new subset(a)to the new Land Use Plan Policy added as
Suggested Modification No. 8, above (re-number policies as necessary):
a. Fractional Ownership Hotel Area 4C
A Fractional Ownership Hotel may be permitted in Area 4C(Pacific City),
described in Table C-2, subject to the following requirements as well as
those contained in Section 4.9.12 of the Downtown SoeciFc Plan:
Any hotel rooms for which a certificate of occupancy has been issued at
the effective date of adoption of this Section shall not be permitted to be
converted to a Limited Use Overnight Visitor Accommodation.
A minimum of 90'/ of the total number of ouestrooms (units) within the
Fractional Ownership Hotel facility shall be available to the general public
as traditional use hotel rooms year-round. A maximum of 10% of the total
number of units within the facility may be owned by separate individual
entities on a fractional time basis. Fractional interests sold shall not
exceed three month('/.) intervals within any one-year period.
The hotel owner/operator shall retain control and ownership of all land,
structures, recreational amenities, meeting space, restaurants, "back of
house"and other non-guest facilities.
The non-fractional use guestrooms(units)shall be available to the_general
public on a daily, year-round basis.
The facility shall have an on-site hotel operator to manacle rental of all
guestrooms/units.
4
Exhibit"A" Resolution No.200743
Appendix A(Suggested Modifications)
HNB LCPA 2-06 Revised Findings
April 2007
Page 5
The hotel operator shall manage all_guestroomstunits as part of the hotel
inventory, which management shall Include the booking of reservations,
mandatory front desk check-in and check-out maintenance, cleaning
services and preparing units for use by_guests and owners.
When an individual owner chooses not to occupy his/her unit; that unit
shall be added to the pool of hotel rooms available to the general public.
Fractional time owners shall have limited rights to use their units including
a maximum use of 90 days per calendar year with a maximum of 29
consecutive days of use during any 60 day period
SUGGESTED MODIFICATION NO. 10
Add the following new subset (b)to the new Land Use Plan Policy added as
Suggested Modification No. 8, above(re-number as necessary):
b. Condominium-Hotel Area 4D
A Condominium-Hotel may be permitted in Subarea 4D (Waterfront),
described in Table C-2,subject to the following requirements as well as
those contained in Section 4.11.13 of the Downtown Specific Plan
Any hotel rooms for which a certificate of occupancy has been issued at
the effective date of adoption of this Section shall not be permitted to be
converted to a Limited Use Overnight Visitor Accommodation.
.4.M-In 1� O a�ess troenz4mits 4 i ...I hin th e CondGmle,f,eesillr,te/
O of tho
The hotel owner/operator shall retain control and ownership of all
structures, recreational amenities, meeting space, restaurants, "back of
house"and other non-guest 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.
The Condominium-Hotel facility shall have an on-site hotel operator to
manage rental/booking of all guestrooms units.
The hotel operator shall manage an auestrooms/units as part of the hotel
5
Exhibit"A" Resolution No.200743
Appendix A(Suggested Modifications)
HNB LCPA 2-06 Revised Findings
April 2007
Page 6
inventory, which management shall Include the booking of reservations,
mandatory front desk check-in and check-out, maintenance, cleanin_g
services and preparing units for use by quests and owners.
Owners of individual units shall have limited rights to use their units
including a maximum use of 90 days per calendar year with a maximum of
29 consecutive days of use during any 60 day period.
When not occupied by the individual owner, each unit shall be available to
the general npubUc in the same manner as the traditional_auestrooms/units.
SUGGESTED MODIFICATION NO. 11
Add the following new Land Use Plan Policy after existing Policy number 3.2.1
and re-number policies accordingly.
Lower cost visitor and recreational facilities shall be protected. ,
encouraged, and, where feasible, pr+avlded. On oceanfront. waterfront or
nearshore areas or lands designated for visitor uses and recreational
facilities, an assessment of the availability of lower cost visitor uses shall
be completed at the time of discretionary review and an in lieu fee in an
amount necessary to off-set the lack of the preferred lower cost facilities in
or near Huntington Beach shall be imposed.
SUGGESTED MODIFICATION NO.12
Modify Table C-1, (on page IV-C-26)as follows:
Commercial General (CG) Retail commercial, professional offices,
eating and drinking establishments,
household goods, food sales,
drugstores, building materials and
supplies, personal services, recreational
commercial, hotels/motels,
timeshares,eveMight
aerammedatiORs, overniaht
accommodations, cultural facilities,
government offices, educational, health,
institutional and similar uses.
Commercial Visitor(CV) Hotels/motels, tlmeshamgs�restaurants,
recreation-related retail sales, cultural
uses (e.g., museums)and similar uses
oriented to coastal and other visitors to
6
Exhibit"A" Resolution No.2007-43
Appendix A(Suggested Modifications)
HNB LCPA 2-06 Revised Findings
April 2007
Page 7
the City.
In Subarea 4C(Pacifc City) onl yl.;a
Fractional Ownership Hotel sublect
to restrictions may be allowed.
In Subarea 4D(Waterfront) only, a
Condominium-Hotel sublect to
restrictions may be allowed.
Marine related development such as
marinas, retail marine sales, boat
rentals, and boat storage which are
coastal dependent developments shall
have priority over any other type of
development(consistent with resource
protection)on or near the shoreline.
SUGGESTED MODIFICATION NO. 13
Modify Table C-2, (on page IV-C-37)as follows (only those portions of the table
to be changed are shown):
Subarea Characteristic Standards and
Principles
4C Permitted Uses Category: Commercial
PCH/First(Lake) Street Visitor("CV")
Pacific City Visitor-serving and
community-serving
commercial uses,
restaurants,
entertainment
hotels/motels,
eshares, a Fractional
Ownership Hotel
sublect to restrictions,
and other uses (as
permitted by the "CV"and
"GG-'land use
cate o s).
4D Permitted Uses Category: "-F7"
Waterfront Hotels/motels,
timeshares supporting
visitor-serving commercial
7
Exhibit"A" Resolution No.2007-43
Appendix A(Suggested Modifications)
HNB LCPA 2-06 Revised Findings
April 2007
Page 8
uses (in accordance with
Development
Agreement), a
Condominium-Hotel
sub'ect to restrictions.
IMPLEMENTATION PLAN
SUGG STED MODIFICATION NO. 14
In the Do\dnition:
pecific Plan Section 4.0.04 (Definitions), delete the proposed
timeshar
been dA4ded and WWI InGkide, by
lease. alub-mem
Replace with the following timeshare %inition:
Timeshare-An arras ement tanimilar PENram, other than an
-exchanc
ie Program, whereby apurchaser)eceives ownership rl hts in or
the right to use accommodations for aoerW of time less than a full vear
during anK given ear, on a recurrin basis thr more than one year, but not
necessarily for consecutive years.
Add the following definitions to the Downtown Specific an Section 4.0.04
(Definitions), in alphabetical order:
SUGGESTED MODIFICATION No. 15.
Condominium-Hotel-Facilityrovidin overni ht visitor ac ommodations
where ownership of at least some of the Individual uestroo units
within the larger building or complex Is in the form of separate
8
Res. No. 2007-43
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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day of July, 2007 by the following
vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
QM�M)
CitU,lerk and ex-officio LAerk of the
City Council of the City of
Huntington Beach, California