SR-092308-6CCity Council Meeting: September 23, 2008
Agenda Item: ~~°
To: Mayor and City Council
From: Eileen Fogarty, Director of Planning and Community Development
Department Director
Subject: Revised Conditions to Address Low Cost Lodging Accommodations and
Air Rights Privileges for Pedestrian Bridge Associated with the Proposed
Travelodge Hotel.
Recommended Action
City Council adopt revised condition #8 regarding low cost lodging accommodations and
add condition #64 regarding right-of-way privileges related to the proposed pedestrian
bridge.
Executive Summary
Staff recommends a modification to a proposed condition of approval for the Travelodge
Hotel. Condition #8 within the proposed Draft City Council Statement of Official Action
(Attachment C to the September 9, 2008 Staff Report) has been further refined and
reevaluated to more effectively implement the City policies and existing ordinance
relative to low cost lodging within the coastal zone. The key provisions are:
1) Hotel must be affordable at time of opening;
2) Hotel will be monitored yearly for compliance; and
3) At such time as the hotel is not in compliance the hotel will be required to
pay the fee to the City.
Additionally, should the Council approve a pedestrian bridge across the alley, a
condition is recommended to require the Applicant to negotiate and pay for air rights
privileges with the City prior to issuance of a building permit.
Discussion
Staff. recommends a modified condition to replace Condition #8 and the addition of
Condition #64 in the proposed Statement of Official Action for the Appeal of Planning
Commission's Certification of Environmental Impact Report, and adoption of a
Statement of Overriding Considerations (SOC) and approval of Development Review
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Permit, Conditional Use Permit, Variance and .General Plan Amendment for the
construction of a new 164-room Travelodge Hotel at 1515-1525 Ocean Avenue and
1530 Second Street.
Low Cost Lodging Accommodations
Ordinance No. 1516 (CCS) was adopted by the City Council in 1990 to help preserve
low cost lodging accommodations with the City's coastal zone. Ordinance No.1516
requires a mitigation fee to mitigate removal of low cost lodging accommodations within
the Coastal Zone. .The project proposes to replace the low cost lodging
accommodations that are being removed and, therefore, fee payment is not anticipated
at this time. Condition #8 was. initially intended to ensure that the replacement hotel
rooms remain affordable.
Upon further consideration of the low cost lodging accommodations issue, and with
input from the applicant and his legal counsel, Staff recommends that Condition #8 be
revised to more appropriately and effectively implement the provisions of Policy 35 of
the City's Land Use Plan of the Local Coastal Program and Ordinance No. 1516 (CCS)
as compared to the previously worded condition.
To clarify that the City is approving the Travelodge Hotel as a low cost lodging facility
which replaces the existing seventy seven rooms previously identified by the City in
1989 as low cost lodging, the modified condition requires an annual. report to the City to
verify that these rooms have not been removed. The revised condition stipulates that
should any of the low cost rooms cease to be low cost lodging, including if the room has
become higher cost lodging or converted to another use, the Applicant shall pay a
mitigation fee pursuant to Ordinance 1516 (CCS) requirements.
Revised Condition #8:
The City is approving this project as a low cost lodging facility which replaces the
existing seventy-seven (77) rooms previously identified by the City in 1989 as low
cost lodging. The current (2008) average daily room rate for low cost lodging is
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$172.27, a rate which is subject to annual adjustment in accordance with the
formula contained in Section 5(c) of Ordinance No. 1516 (CCS). Applicant shall
designate the seventy-seven (77) rooms in the project which constitute the
replacement low cost lodging and shall report the average daily room rate for
each of these rooms and the use of these rooms on an annual basis, with the
first report due one year after the Certificate of Occupancy is issued for the
Project. In the event that any of these rooms cease to be low cost lodging,
including if the room has become, higher cost lodging or converted to another
use, Applicant shall pay a mitigation fee for that room(s) in accordance with
Ordinance 1516 (CCS) or any successor ordinance, based on the fee in effect at
the time of payment.
Air Rights Privileges for Pedestrian Bridge
The City would have to enter into an air rights agreement to allow the proposed
structure to extend over the public right of way and connect the two hotel buildings by
way of a one level or multi-level bridge. Should the Council approve a pedestrian bridge,
the following condition is recommended:
Revised Condition #64:
Prior to the issuance of a building permit, the Applicant shall negotiate and enter
into an agreement for payment of air right privileges for construction of a
pedestrian bridge across the alley.
Prepared by:
Paul Foley, Principal Planner
Approved:
Forwarded to Council:
~Eile~nFo a \° P ont Ew
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Director, PI Wing d Co nity ~ Manager
Development Departure
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Reference Resolution Nos.
10345 (CCS), 10346
(CCS), and 10347 (CCS).
Additional attachments
available for review in City
Clerk's Office.