Chapter 18.41
CONDOMINIUM HOTEL DEVELOPMENTS
Sections:
18.41.015 Condominium hotels defined.
18.41.025 Conditions of approval.
18.41.030 Development standards.
18.41.035 Occupancy requirements.
18.41.040 Creation of and on-going requirements for on-site management.
18.41.050 Conformance with the residential growth initiative.
18.41.055 Transient occupancy tax requirements.
18.41.060 Payment of park facilities development fees.
18.41.065 Payment of traffic mitigation fees.
18.41.010 Intent and purpose.
The intent and purpose of this chapter is to guide the orderly development of condominium hotel projects as defined in this chapter and developments with similar characteristics. In order to ensure the protection of the health, safety and general welfare of persons living and working in the city and in the vicinity of these developments, reasonable development standards and procedural requirements are contained in this chapter. (Ord. 6-97 §1(part), 1997).
18.41.015 Condominium hotels defined.
For purposes of this chapter, “condominium hotels” are defined as any building or portion thereof containing six or more guest rooms used, designed or intended to be used, let or hired out to be occupied for no more than thirty days at a time either by transient occupants, homeowners association or other similar entity, or the individual owner of a unit or units within the project; and that is also an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in the building on the real property. In addition, a condominium may include a separate interest in other portions of the real property. (Ord. 6-97 §1(part), 1997).
18.41.020 Approvals required.
All condominium hotel and similar projects as defined in this chapter are subject to the procedural requirements set forth in this section in addition to all other procedural requirements of this code. The approvals required pursuant to this chapter include:
A. Architectural Review. All new condominium hotel developments and/or remodeling or new construction on an existing condominium hotel building shall be subject to the review of the planning commission who may consider the recommendation of any city council appointed advisory committee or commission.
B. Use Permit Required. All condominium hotel and similar projects as defined in this chapter are subject to the procedural requirements of securing a use permit as set forth in this title.
C. Subdivision Required. All condominium hotel and similar projects as defined in this chapter are subject to the procedural requirements of a subdivision map as set forth in Title 17, the subdivision ordinance of the Half Moon Bay Municipal Code.
D. Conditions, Covenants and Conditions. The proposed conditions, covenants and restrictions shall be submitted with the application materials.
E. Review by City Attorney. Prior to city council action on the final map, the applicant shall submit to the city attorney all documentation required by the State Department of Real Estate. (Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. 6-97 §1(part), 1997).
18.41.025 Conditions of approval.
The planning commission and/or city council may impose any conditions determined to be necessary to protect the health, safety and welfare of persons living or working in the vicinity of the proposed development. (Ord. 6-97 §1(part), 1997).
18.41.030 Development standards.
All condominium hotel projects shall be subject to the development standards set forth in this Section.
A. Building Height. All construction must conform to the building height limitations of the underlying zoning district for the property on which the project is proposed.
B. Lot Coverage. Unless more restrictive standards are provided for in the development standards for the underlying zoning district in which the project is proposed, the following lot coverage standards shall apply in each case:
1. For single story buildings, the maximum lot coverage shall be fifty percent;
2. For multi-story buildings, the maximum lot coverage shall be thirty-five percent.
C. Floor Area Ratio. Unless more restrictive standards are provided for in the development standards for the underlying zoning district in which the project is proposed, the maximum floor area ratio shall not exceed 0.5:1 in each case.
D. Parking Requirements. All parking spaces required by this chapter shall be on the development site.
1. For each guest room there shall be a minimum of two parking spaces. The planning commission may reduce this standard to not less than 1.5 spaces per guest room if the maximum square footage of each guest room does not exceed six hundred square feet.
2. There shall be at least one additional parking space for each employee on-duty during peak hours.
3. The parking requirements for any restaurant or similar use open to the public shall be based upon the current standards set forth in this title.
4. The parking requirements for any conference room facilities or similar functions shall be based upon the current standards set forth in this title.
E. Landscaping. At least twenty percent of the entire site shall be landscaped.
F. Sewer Connections.
1. The requisite number of single-family equivalent sewer connections for the hotel condominium units as well as any restaurant facilities and any other ancillary facilities shall be as set forth in the standards of Title 13 of the Municipal Code.
2. For purposes of allocating sewer treatment capacity, hotel condominium or similar projects as defined in this chapter shall not be considered a “priority use” as defined in the certified local coastal plan.
G. Minimum Size of Development Site. The minimum size of any site proposed for a condominium hotel or similar use shall be one acre. (Ord. 6-97 §1(part), 1997).
18.41.035 Occupancy requirements.
The maximum period of occupancy by any owner or transient occupant during any one-year period, commencing with the date the certificate of occupancy is issued by the city shall be as follows:
A. No more than twenty-nine days of consecutive occupancy; and
B. No more than ninety days during any year. (Ord. 6-97 §1(part), 1997).
18.41.040 Creation of and on-going requirements for on-site management.
The applicant shall provide details to the city as a part of the application submittal pertaining to the on-going management of the hotel condominium project. Each hotel condominium project created pursuant to this chapter shall have or otherwise provide for an on-site management program that addresses the following:
A. Details of how the rooms will be reserved by the owners and how they will be made available for transient occupancy;
B. Providing for a manager to be on-site at all times;
C. Within thirty days of the end of each quarter (every three months) a report shall be filed with the finance director detailing all occupancy by transients and owners, the amount of room rents paid, and evidence that the transient occupancy taxes have been paid as required by this chapter and Chapter 3.12 of the Municipal Code;
D. A description of the on-going building and grounds maintenance program. (Ord. 6-97 §1(part), 1997).
18.41.045 Annual audits.
Annually, commencing one year from the date the certificate of occupancy is issued, the management entity shall make available, upon reasonable request, all guest ledgers and receipt books to the finance director for purposes of determining accurate accounting of the transient occupancy tax payments and to ensure that the owner occupancy requirements set forth in Section 18.41.035 are not exceeded. (Ord. 6-97 §1(part), 1997).
18.41.050 Conformance with the residential growth initiative.
Where all or a portion of the units are potentially available for occupancy by the owner of the unit for a portion of the year, the portion permitted as a percent of an entire year shall be considered a dwelling unit for purposes of calculating the number of dwelling units permitted annually to ensure a maximum annual population growth of not more than three percent. (Ord. 6-97 §1(part), 1997).
18.41.055 Transient occupancy tax requirements.
Hotel condominium projects are subject to the requirement of paying the transient occupancy tax as defined and provided for in Chapter 3.12 of the Municipal Code as currently adopted and as may be amended in the future. (Ord. 6-97 §1(part), 1997).
18.41.060 Payment of park facilities development fees.
Condominium hotel projects are subject to the payment of park facilities development fees as set forth in Chapter 18.34 of the zoning code. In those cases where a unit consists of only one room, that room will be considered a bedroom for purposes of determining the park facilities development fee. In those cases where the unit consists of a separate room or rooms for sleeping, only those rooms clearly set aside for sleeping are subject to the requirements of the park facilities development fees. (Ord. 6-97 §1(part), 1997).
18.41.065 Payment of traffic mitigation fees.
Condominium hotel projects are subject to the payment of traffic mitigation fees as set forth in Chapter 14.35 of the Municipal Code. In those cases where a unit consists of only one room, that room will be considered a bedroom for purposes of determining the traffic mitigation fee. In those cases where the unit consists of a separate room or rooms for sleeping, the city council shall establish the amount of traffic mitigation fees to be paid based upon the nature and extent of any potential residential use or occupancy by nontransients. (Ord. 6-97 §1(part), 1997).