PCRES 2006-042PLANNING COMMISSION RESOLUTION 2006-042
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT
2006-088, ADDING SECTION 9.140.080 TO THE ZONING
CODE, TO REGULATE CONDOMINIUM HOTELS AND PROHIBIT
THE CONVERSION OF EXISTING HOTELS INTO CONDOMINIUM
HOTELS
CASE NO.: ZONING TEXT AMENDMENT 2006-088
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 14"' of November, 2006, hold a duly noticed Public
Hearing for review of a Zoning Text Amendment to add Section 9.140.080
to regulate new Condominium Hotels throughout the City; and
WHEREAS, said Zoning Text Amendment has complied with the
requirements of "The Rules to Implement the California Environmental
Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta
Community Development Department has determined that the Amendment
to the Municipal Code is exempt pursuant to Chapter 2.6, Section 21080 of
the Public Resources Code, California Environmental Quality Act (CEQA)
Statutes, and Section 1506118)13), Review for Exemptions, of the CEQA
Guidelines; and
WHEREAS, the Community Development Department published
the public hearing notice in the Desert Sun newspaper on November 4,
2006, as prescribed by the Municipal Code; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all interested persons wanting to be
heard, said Planning Commission did make the following mandatory findings
recommending approval of said Zone Text Amendment:
1. The proposed Amendment is consistent with the General Plan, and
provides for regulation of land uses otherwise permitted as hotels in
various land use designations in the City.
2. Approval of the Amendment will not create conditions materially
detrimental to the public health, safety and welfare, and will assure
high quality development of an emerging land use in the City.
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
SECTION 1. Section 9.140.080 is added to the La Quinta Municipal Code to
read as follows:
A. Purpose. The specific purposes of these regulations are to assure that
Condominium Hotel projects are conditioned at the time of
development approval in such a way as to ensure appropriate public
health, safety, welfare and land use classifications and standards; to
mitigate potential impacts of Condominium Hotels on traffic
congestion, air quality, building design and safety, police, fire and
emergency services; to assure other adequate public facilities; to allow
Condominium Hotel development projects some financial flexibility
subject to the approval of the City Council; to prohibit conversion of
existing hotels to Condominium Hotels; and to provide the City with
appropriate development and operational controls over Condominium
Hotels.
B. Definitions. The following definitions shall govern the construction
and interpretation of this Section.
1. Condominium Hotel. A "Condominium Hotel" shall mean a
"Hotel" or "Group Hotel" all or part of which constitutes a
condominium project in which one or more of the Units are
individually owned, but are intended to be available for
"Transient" use (as those terms are defined in Section 3.24.020
of the La Quinta Municipal Code1, when not being used by the
Unit Owner.
2. Development Agreement. For purposes of this Section, the
term "Development Agreement" shall mean any of the
following: (1) a statutory development agreement entered into
pursuant to Government Code sections 65864 et seq•; 12) a
disposition and development agreement entered into between
an applicant and the City's Redevelopment Agency; or (3) an
owner participation agreement entered into between an
applicant and the City's Redevelopment Agency.
3. Effective Date. The "Effective Date" shall mean the date on
which the ordinance adopting this Section becomes effective.
4. First Class Condominium Hotel. A "First Class Condominium
Hotel" shall mean a Condominium Hotel where both of the
following apply: (1) the Condominium Hotel has a brand
Operator or an independent Operator that is experienced in the
"Upscale Segment" or "Luxury Segment" of the hospitality
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
industry as defined by J.D. Power and Associates; and 12- the
Condominium Hotel satisfies the published requirements that
will be sufficient for a ranking of no fewer than Three Stars in
the most recent annual awards list published from time to time
by AAA Travel Guides or by the Mobil Travel Guide.
5. Operator. "Operator" shall mean the entity designated by the
owner of the Condominium Hotel or, if all of the common area
of a Condominium Hotel is owned by a condominium owners'
association, designated by such association, to manage the
Condominium Hotel.
6. Personal Use. "Personal Use" shall mean the use or occupancy
of a Unit by an Owner or any non-paying guest of an Owner for
whom the Owner may, and does, reserve its Unit. Use of a
Unit arising out of an exchange program with an affiliated hotel
property shall be considered Personal Use by the Owner.
7. Unit. "Unit" shall mean a condominium unit, as shown on a
recorded condominium plan, which is located within a
Condominium Hotel.
8. Unit Owner. "Unit Owner" or "Owner" shall mean an individual
or entity that acquires any ownership interest in, and holds title
to, one or more Units.
C. Condominium Hotel Regulations. No person or entity shall construct
or operate a Condominium Hotel within the City without first obtaining
all necessary entitlements pursuant to this Section and pursuant to
other applicable provisions of the La Quinta Municipal Code. All other
provisions of the La Quinta Municipal Code, including, without
limitation, Title 8 (Buildings and Construction, Title 13 (Subdivisionsl,
and Title 9 (Zoning Code) shall be applicable to the construction and
maintenance of Condominium Hotels; provided however, that the more
specific provisions contained in this Section shall prevail over any
general. provisions set forth in the La Quinta Municipal Code. A
Condominium Hotel shall be allowed as a conditionally permitted use,
subject to the terms of this Section, and only within those zoning
districts in which Hotels or similar tourist and vacation
accommodations are expressly permitted either conditionally or as of
right, pursuant to the terms of Title 9 (Zoning Code) and/or any
applicable specific plan. Each application for a Condominium Hotel
will be reviewed by the City's Planning Commission and City Council.
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
If the Planning Commission recommends granting approval of the
application, the City Council shall set notice of a public hearing to be
held within forty five (45) days thereafter or such later date as may be
set by the City Council. Approval shall be subject to required
conditions necessary to carry out the provisions of this Section.
D. Application for Condominium Hotel. An application for a
Condominium Hotel shall include the following six 16) requirements, in
addition to any other information that the City may determine is
necessary to review the application. No Condominium Hotel may be
approved without approval of all of the following requirements:
1. Development Agreement. A proposed Development Agreement
application, which shall provide for enforcement of all
conditions and standards required by this Section. In addition
to any other provisions that may properly be included within the
Development Agreement, the parties may agree to terms and
conditions that are different from, or in addition to, and
supersede, the provisions and requirements of this Section. The
Citv shall include such- terms as it deems necessarv to ensure
that the Condominium Hotel operates as the equivalent of a
traditional hotel. The Development Agreement shall also include
a draft Declaration of Covenants, Conditions and Restrictions
pursuant to paragraph G below.
2. Conditions, Covenants and Restrictions ("CC&R's"-. The
proposed CC&R's for the Units.
3. Environmental Assessment. Information necessary for the City
to perform an environmental assessment of the proposed
Condominium Hotel project, pursuant to the California
Environmental Quality Act (Public Resources Code,
§ § 21080-21094 and its implementing regulations.
4. Subdivision Application. Each Condominium Hotel application
shall be accompanied by an application for a tentative or vesting
tentative map pursuant to Title 13 of the La Quinta Municipal
Code.
5. Specific Plan. Each Condominium Hotel application shall be
accompanied by an application for a specific plan or be within
an approved specific plan area which permits such .use,
pursuant to Government Code sections 65450 et seq•
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
6. Site Development Permit. Each Condominium Hotel application
shall be accompanied by an application for a site development
permit pursuant to Section 9.210 of the Zoning Code.
E. Development Standards. The Condominium Hotel shall comply with
all the development, use, area, parking and other applicable standards
of the zone or applicable specific plan in which the project is located.
F. Condominium Hotel Standards, Conditions and Requirements. In
addition to the standards referenced in this Section, each
Condominium Hotel is required to meet the following additional
standards, conditions and requirements:
1. No Unit may be used as a full-time or permanent residence,
except as set forth in the next paragraph.
2. No more than one 11- Unit in each Condominium Hotel may be
used for the full-time or permanent residential occupancy by a
person or family serving as the on-site manager of the
Condominium Hotel. Such Unit must be owned by the owner or
operator of the Condominium Hotel or the owners' association,
and shall not be used for homestead purposes.
3. At its sole cost and expense, each individual Unit Owner may
choose to hire any rental agent of its selection, or the Operator
or an affiliate, for the purpose of advertising the rental
availability of, and procuring potential renters for, the Owner's
Unit. Unit Owners may also rent their Units themselves. When
not being used for Personal Use, each Unit shall be available for
rental as a Hotel accommodation. The Operator shall have the
right, working through the Unit Owner or its designated rental
agent, to book any unbooked room to fulfill demand, and to
charge a reasonable booking fee for each such booking.
4. Hotel guests (whether Transient or Personal Use and not
including any on-site manager) are prohibited from occupying or
remaining in any Unit for more than twenty-nine 1291
consecutive days, with a minimum seven (7) day period
intervening between each twenty-nine 129) consecutive day use
period.
5. Personal Use shall not exceed (i) thirty (30- days in the
aggregate during the period of November 1 through April 30; or
(ii) sixty (60) days in any calendar year.-, unless the owner
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
enaaaing in such Personal Use satisfies all requirements for
such excess use as set forth in the Declaration.
6. All Units shall be completely furnished with furniture, fixtures
and equipment to the standards established by the owner or
operator of the Condominium Hotel. A furniture, fixtures and
equipment reserve account shall be established and maintained
in order to maintain and, when necessary, replace the furniture,
fixtures and equipment within the Units to maintain the facility
in its First Class Condominium Hotel standard.
7. The proposed location, use, and design of the Condominium
Hotel shall be consistent with the City's general plan, zoning
ordinances, and any specific plan covering the area in question.
8. In accordance with the existing provisions of Chapter 3.24 of
the La Quinta Municipal Code, every Condominium Hotel shall
be subject to the City's transient occupancy tax requirements,
as may be amended from time to time. The l~ni~-9wners
ir3Owner of a Condominium Hotel Unit shall receive golf and
other benefits which are available to residents of La Quinta on
the same terms, and subject to the same conditions, as are
applicable to such residents.
9. Any proposed Condominium Hotel that will not, as proposed,
qualify as a First Ciass Condominium Hotel shall not be eligible
to operate as a Condominium Hotel in the City of La Quinta.
G. Provisions for Declaration. The Development Agreement submitted
with the Condominium Hotel application shall include a draft
Declaration of Covenants, Conditions and Restrictions ("Declaration"-
(which shall be separate and apart from the CC&Rs required to create
the Units as condominiums pursuant to California law) which must be
approved by the Community Development Director and the City
Attorney prior to final approval of the Condominium Hotel application,
and thereafter recorded against the Condominium Hotel in the
Riverside County Recorder's Office. The Declaration shall include the
following provisions:
1. The Declaration shall require the Units to be included within a
Hotel, and (other than the Unit occupied by an on-site manager)
made available as a Hotel accommodation when not being used
for Personal Use.
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 74, 2006
2. The Declaration shall require that the Operator manage the
Units for the Unit Owners pursuant to the Operator's then-
standard form of agreement, and provide to the Condominium
Hotel, the Property, and the Occupants and Owners of the
Units, on a seven (7) day a week basis, any or all "on property"
services commonly provided at First Class Condominium Hotels
and Resorts, including without limitation, such services as front
desk check-in and check-out services (including electronic
keys, routine housekeeping, laundry and dry cleaning, room
service, catering and other food and beverage services, spa
services, concierge services, parking and bellman services to
the Unit Owner and the Unit Owner's guests. The availability
and right to use~f such services shall be conditioned upon
payment of such charges or fees as may be imposed generally
on hotel guests. As to the availability and right to use services
such as front desk check-in and use of resort pools lobbies
recreational facilities. etc. which are not separately cha_ reed to
Hotel guests. use will be conditioned upon the payment of such
fees as are determined by the Operator to be appropriate to
reflect the allocable costs of such services and facilities
attributable to each Unit within the Hotel. The Operator shall
have the exclusive right to restrict and control access to any
and all shared facilities within the Condominium Hotel, provided
the same does not restrict a Unit Owner's right of access to
her, his or its Unit, except that Unit access shall be subject to
mandatory registration at the Hotel front desk to obtain a key to
the Unit, which key shall be an electronic key. The Operator's
management obligations shall also include upkeep and repair of
the interior of each Unit, and monitoring and managing repair
and replacement of furniture, fixtures and equipment, both at
the Unit Owner's sole cost and expense.
3. The Declaration shall require the Operator to provide a quarterly
report to the City that contains all of the following information
on each Unit: (a) the number of said Unit; (b) the name,
address and telephone number of the Owner of the Unit; Ic-
whether the Operator is and has been the rental agent for said
Unit during the immediately preceding calendar quarter; (d) the
Personal Use during the immediately preceding calendar quarter;
le) the name and address of any occupant of the Unit (other
than the Owner) whose occupancy exceeded the twenty-nine
(29) day maximum; and If) the TOT that has been collected by
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
the Operator and remitted to the City for use of said Unit during
the immediately preceding calendar quarter.
4. The Declaration shall require the Condominium Hotel owner or,
if none, the Condominium Hotel's owner's association to hire a
qualified professional Operator to manage, maintain and operate
all portions of the Condominium Hotel in a manner consistent
with the First Class Condominium Hotel Standard required by
this Section. The Operator shall have at least five 15)
consecutive years of experience in the hotel management
business in hotels that meet the First Class Condominium Hotel
standard and have no fewer than ten 110) other properties (each
in separate cities, or distinct and separate projects in any given
city, nationally or internationally) under current management.
The Condominium Hotel Owner or owner's association, as the
case may be, shall provide the City with appropriate
documentation to demonstrate that the proposed Operator
meets the requirements of this Subsection, to be approved by
City staff prior to issuance of a certificate of occupancy for the
Condominium Hotel. Upon request by the applicant, the City
Manager may waive the experience standards required above
upon finding that the proposed Operator has comparable
substitute experience and qualifications. The Declaration shall
include provisions regarding proposed changes in the Operator.
5. The Declaration shall give the Condominium Hotel Owner,
Operator, and the City the right, power and obligation to
enforce the First Class Condominium Hotel standard including,
without limitation, the right to enter any portion of the
Condominium Hotel, and any individual Condominium Hotel
Units, to cure, or cause the Unit Owner to cure, any failure to
meet the First Class Condominium Hotel standard; and shall
permit the enforcement by the City, in its discretion, of this
Section and the Declaration.
6. The Declaration shall provide that Hotel guests (whether
Transient or Personal Use and not including any on-site
manager) are prohibited from occupying or remaining in any Unit
for more than twenty-nine (29) consecutive days, with a
minimum seven 171 day period intervening between each
twenty-nine (29) consecutive day use period.
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
7. The Declaration shall provide that Personal Use shall not exceed
(i) thirty (30) days in the aggregate during the period of
November 1 through April 30; or (ii) sixty (60) days in any
calendar year.-, unless provisions for such excess use are
provided for in the Development Agreement and are complied
with by the Unit Owner.
8. Subject to applicable California general law and Department of
Real Estate regulations, nd unless otherwise provided in the
Development Aareemen_ t_, the Declaration shall provide that the
obligation to pay any fees or changes provided for in the
Development Agreement shall be secured by a lien in favor of
the City encumbering the Units for the amount owed, including
any permitted penalties or interest, and that the City shall have
the right, but not the duty, to foreclose on any such liens
through equitable or legal proceedings.
9. The Declaration shall provide that it shall not be amended
without the prior written appre+Fafconsent of the City.
H. Reporting and Inspection. Upon request of the City Manager, each
Owner, the Condominium Hotel association and the Operator shall
maintain, on-site, and regularly make available to the City and its
employees and agents such information, books, records, and
documentation, including all records relating to Personal Use and
Transient use of each Unit, and also shall allow reasonable access to
individual Units, as the City finds necessary to have or review in order
to ensure that the City may determine and enforce the Condominium
Hotel's. compliance with this Section and other applicable City laws,
regulations, the Condominium Hotel conditions, the Development
Agreement, and the Declaration. The original and, upon each change,
every subsequent Operator shall immediately advise the Community
Development Director of its name, qualifications, address, telephone
number and the name of a contact person.
Conversions. An express purpose of these regulations is to preserve
and enhance the City of La Quinta's existing Hotel inventory. All
existing Hotels are prohibited from converting to Condominium Hotels
from and after the Effective Date. Thereafter, no other conversions to
Condominium Hotels shall be allowed in any zone.
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
J. Prohibited Units. No provision herein shall be deemed to permit a
timeshare, fractional or other vacation ownership unit if otherwise
prohibited by the La Quinta Municipal Code.
SECTION 2. SEVERABILITY. The provisions of this Ordinance shall
be severable, and if any clause, sentence, paragraph, subdivision, section, or
part of this Ordinance shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
SECTION 3. LEGAL CONSTRUCTION. The provisions of this
Ordinance shall be construed as necessary to effectively carry out its
purposes, which are hereby found and declared to be in furtherance of the
public health, safety and welfare.
SECTION 4. All ordinances or parts of ordinances in conflict with the
provisions of this Condominium Hotel Zoning Ordinance are hereby
superseded by this Ordinance, to the extent they are inconsistent with this
Ordinance. -
SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force
and effect and be in force 30 days after passage.
SECTION 6. PUBLICATION. The City Clerk is directed to publish this
Ordinance in the manner and in the time required by law.
NOW, THEREFORE, BE IT RESOLVED by the Planning
Commission of the City of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of
Zoning Text Amendment 2006-088, adding Section 9.140.080 to the
Municipal Code, as contained in the attached Exhibit "A", to the City
Council for the reasons set forth in this Resolution.
Planning Commission Resolution 2006-042
Zoning Text Amendment 2006-088
November 14, 2006
PASSED, APPROVED, and ADOPTED at a regular meeting of the
La Quinta Planning Commission, held on the 14"' day of November, 2006, by
the following vote, to wit:
AYES: Commissioners Alderson, Barrows, and Chairman Quill
NOES: None
ABSENT: Commissioners Daniels and Engle
ABSTAIN: None
ATTEST:
DOUGLAS .EVANS
Community Development Director
City of La Quinta
PAUL QUILL, Chairman
City of La Quinta, California