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5-98-156-A15 Page 6

The proposed project is consistent with the land use designation for the site set forth in the City of Long Beach certified Local Coastal Program (LCP). The certified LCP calls for a hotel to be built in LCP Subarea 5, up to twelve stories high, between the extended rights-of-way of Cedar Avenue and Pacific Avenue. The proposed seven-story hotel is situated between the extended rights-of-way of Cedar Avenue and Pacific Avenue in LCP Subarea 5.

Therefore, the proposed hotel use is a higher priority land use and a land use that is consistent with the certified Long Beach LCP. The elimination of the large-format movie theater from the previously approved development plan does not conflict with any Coastal Act or LCP policies. Any further change in land use, however, would need to be reviewed for conformance with the Coastal Act and the certified LCP. Therefore, Special Condition 41 (of the amended permit) states that the permitted use of the structure is a 140-room hotel. “Hotel” is defined in the certified City of Long Beach LCP (Zoning Code Section 21.15.1380) as follows:

21.15.1380 Hotel. "Hotel" means a commercial land use for the rental of six or more guest rooms or suites to primarily transient occupants for a period of not more than thirty consecutive days. Hotel is distinguished from motel by having the entry to the guest rooms from a common interior corridor. (Also see definition for "bed and breakfast inn", "inn", "motel" and "residential care facility".)

Special Condition 41 of the amended permit also states that any change in use (including, but not limited to, a change from overnight room rentals to time shares or month-to-month rentals) is not permitted by this action and any such proposal shall be submitted to the Executive Director to determine whether an amendment to this permit is necessary pursuant to the requirements of the Coastal Act and the California Code of Regulations. As previously stated, since permanent private housing is not recognized as a legal use of State Tidelands, a proposal for such use on State Tidelands would be rejected.

Therefore, as conditioned, the proposed hotel and permit amendment are consistent with the requirements of Section 30222 of the Coastal Act and the land use designation set forth by the certified Long Beach LCP. The Commission finds that the proposed addition of overnight accommodations to this highly urbanized and popular coastal destination would encourage and enhance public opportunities for coastal recreation consistent with Section 30222 of the Coastal Act, and as discussed in the following sections of this report, would not adversely affect coastal access or the visual resources of the area.

In regards to the rates that would be charged in the hotel for overnight accommodations, there is no certainty that the room rates will be moderate or affordable by the average tourist. Section 30213 of the Coastal Act limits the Commission’s ability to regulate room rates.

Section 30213 of the Coastal Act

Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.

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