For the provisions of this chapter, the following definitions shall apply:
"AAA Three Diamond Hotel(s)"means a hotel(s) which provides physical features and operational services which meet or exceed the rating criteria established for AAA Three Diamond Hotels by the American Automobile Association and the Minimum Development Standards which are on file with the city clerk and available at no cost. In addition to the foregoing, the shell costs shall be not less than sixty-five thousand dollars per guestroom and the furniture, fixtures and equipment costs shall be not less than twelve thousand dollars per guestroom based upon costs as of January 1, 2021 and subject to increases (but not decreases) per the CPI as computed on each anniversary of January 1, 2021 until the opening. Excepting only as provided under subsection
D of Section
3.13.050 hereof, AAA Three Diamond Hotel(s) does not include hotels operating on or before June 30, 2020, nor does it include property, including both existing hotels and/or undeveloped land, that is/are currently the subject of an agreement with the city of Loma Linda which agreement provides a subsidy or financing mechanism for the construction and/or operation of a hotel.
"AAA Three Diamond Hotel"means an AAA Three Diamond Hotel that is pre-approved and either under construction or opened for business during the eligibility phase. The term "AAA Three Diamond Hotel" does not include all, or any portion of, or addition to, an existing hotel.
"Administrative fee"means the sum of three thousand dollars which amount will be retained by the city, whether the application is approved or disapproved, to defer the administrative costs of reviewing each application and otherwise administering the hotel incentive program.
"Applicable transient occupancy tax rate"means the lesser of current rate of transient occupancy tax or fifteen percent. The applicable transient occupancy tax rate shall apply for the calculation of any and all incentive payments pursuant to Section
3.13.050 hereof without regard to any increases, at any time, in the rate of the transient occupancy tax.
"Applicant"means a person or entity submitting an application on or before June 30, 2025 pursuant to Section
3.13.040 hereof.
"Application"means the application submitted to the city manager by an applicant pursuant to Section
3.13.040 hereof, in the form prescribed by the city manager.
"Approved equivalent qualifying hotel"means a hotel which is designated as one of the brands enumerated in this subsection and which additionally satisfies the other criteria enumerated within this subsection as determined in good faith from time to time by the city manager; in addition, such hotel must have been pre-approved and either under construction or opened for business during the eligibility phase. The brands enumerated in this subsection are:
1. From Among Hilton Brands.
a. Hampton Inn/Hampton Inn and Suites;
3. From Among Marriott Brands.
4. From Among Hyatt Brands.
c. Hyatt Hotel.
The other criteria under this subsection are as follows, all as determined in good faith from time to time by the city manager: |
5. Free Floor Space. Area size and placement of appointments provide an obvious degree of spaciousness allowing increased ease of movement for guests.
6. Connective Technology.
a. Superior internet speed and capacity available throughout the property (e.g., multiple routers, consistent signal strength);
b. Remove guest service access through mobile device.
c. Two additional technology features (e.g., mobile device room key, wireless charging system, advanced business computing equipment, interactive electronic reader board with local information, boarding pass kiosk, device available for electronic check-in/check-out, RFID keys, mobile device check-in).
7. Elevator Service.
a. Multiple elevators, including decorative appointments, with one elevator having dedicated staff access; and
b. Elevator landings including multiple accent features (e.g., chair/sofa, table, lamps/wall sconce, phone, artwork, mirror, flowers/plants).
8. Exercise Facilities.
a. Designated room on campus or off site health club within one mile with free access to guests;
b. Water cooler, towels, clock, sanitizer;
c. Additional personal training options (e.g., free weights, benches, floor mats, physio balls, toning bars/rollers);
d. Special high impact flooring;
e. Multiple televisions or individual televisions for each piece of cardio equipment; and
f. Two or more additional amenities (e.g., infused water, bottled water, chilled towels, aromatherapy scents, ear buds, fresh fruit).
9. Food and Beverage Outlets.
a. Restaurant or Breakfast Area. Standard continental breakfast with a minimum of juice, pastry, and hot beverage and grab-and-go option available or expanded breakfast including multiple hot items (e.g., waffles/pancakes, eggs, breakfast meats);
b. Lounge or bar area and outdoor/patio seating available; and
10. Meeting Rooms. Ample variety of meeting rooms on site or on immediately adjacent properties with access for guests (e.g., ballroom, boardroom, theater, and/or meeting rooms of various sizes adequate for business meetings).
11. Restrooms. Multiple restrooms in convenient location(s).
12. Sundries and Shops. Dedicated sundry area or conventional gift shop on site or on immediately adjacent property with access to guests offering a moderate variety of merchandise (e.g., health and beauty items, food, beverage, basic technology accessories, and reading materials).
13. Concierge Services. Staff available to assist guests with reservations at local restaurants, coordinate ticket or entertainment reservations, coordinate transportation needs for guests.
14. Swimming Pool. Pool on site or on immediately adjacent property with access to guests with:
a. A variety of comfortable, coordinated pool furniture, and
b. At least one additional feature (e.g., hot tub, whirlpool spa, steam room, sauna, fountain, waterfall, zero entry, infinity edge, children's splash pad, kiddie pool, water slide).
15. Guest Room Seating Layout.
b. Enhanced desk chair (ergonomic or coordinated with décor);
c. Chair positioned for television viewing; and
d. Additional multifunctional seating option.
16. Guest Room Closet Space.
a. Hand space for clothing, fully enclosed area or quality freestanding armoire adequate to enclose full length apparel;
b. Matching, open hook, wood/sculptured plastic hangers (heavy gauge with metal hook) and some hangers having skirt or pant hanging attachments, with supply ample for two guests; and
c. One additional feature (e.g., illumination, drawers, shoe rack, walk-in capability, two or more shelves, upgraded luggage racks/designer style benches).
17. Television.
a. Equal to or greater than forty-inch flat panel;
d. All-in-one multimedia hub;
e. Two or more additional features (e.g., high definition channels, free/pay movie channels, digital art/property information, mood effects, multiple viewing angles, acoustic board, smart TV functionality, streaming capability, surround sound).
18. Work Space/Writing Surface.
a. Large-size desk, task table or alternative writing surface; and
b. Multiple electrical outlets with USB ports at desktop.
19. Ventilation. Digital thermostat control on wall.
20. Bathrooms.
a. One piece of decorative artwork or other decorative appointment;
b. If vanity is separate from toilet area, it will be positioned in restricted view from the rest of the guest room;
d. Illumination in multiple locations;
e. Mirror to be decoratively framed/designed (e.g., floating, illuminated);
f. Personal care: multi-piece personal care package including two large-size bars of soap and two bottled items;
g. Double shower curtain or glass door with aluminum frame or doorless design;
h. Shower features: one custom water feature (e.g., body jets, hand-held sprayer, multiple showerheads, oversize ceiling rain shower, panels systems, steam shower rain showerhead, oversize wall-mounted showerhead, massage feature); and
i. Tub to be standard size (five feet length by two and one-half feet width) or larger.
"Brand"means the distinctive name of a hotel that, by virtue of its distinctive name, is identified by specific physical and operational features so that guests are assured that they will receive a specified level of service and amenities wherever the property is located.
"City manager"means the city manager of the city of Loma Linda, or designee.
"CPI"means the Consumer Price Index—Urban for the Los Angeles-Orange-Riverside County Average, Subgroup "All Items," (1982-1984 = 100) as established by the Bureau of Labor Statistics of the U.S. Department of Labor.
"Deposit"means one hundred dollars per guestroom which deposit shall be: (1) returned to the applicant, if the application is rejected; (2) retained by the city in the event that the application is terminated pursuant to subsection
D of Section
3.13.040;.or (3) refunded within thirty days after a pre-approved qualifying hotel opens for business. The city shall have no obligation to earn interest or apply interest or earnings with respect to the deposit.
"Eligibility phase"means the period commencing on the effective date of this chapter and terminating (with respect to the receipt of applications) on the earlier to occur of: (1) June 30, 2025, or (2) the date on which there are a total of seven hundred guestrooms comprised of guestrooms of new qualifying hotels which have been pre-approved and have opened for business.
"Existing hotel"means a building that was constructed, occupied, and used as a hotel on or before June 30, 2020.
"Financing"refers to the combination of debt and equity sufficient to construct and operate a qualifying hotel for which an application has been filed with the city manager.
"Flag"means the entity whose brand is used to identify the hotel.
"Furniture, fixtures and equipment"means movable furniture, fixtures or other equipment that have no permanent connection to the structure of a building or utilities within the hotel, as well as operational supplies. More specifically, furniture, fixtures and/or equipment would include decorative items, wall coverings, flooring treatment, window treatments, casework, furnishings and accessories, furniture, data communications equipment, voice communications equipment, audiovisual communications equipment, electronic surveillance equipment, electronic detection and alarm equipment, commercial equipment, foodservice equipment, entertainment equipment, athletic and recreational equipment, collection and disposal equipment. Operational supplies include all supplies needed for the operation of the hotel, such as stationery, computer equipment and accessories, guestroom TV's and mounts, alarm clocks in rooms, linen, pillows, maids' carts and supplies, trash cans, all items for the hotel restaurant, bar, banquet and conference facilities (including china, utensils, glasses, etc.). Furniture, fixtures and equipment shall also include, for purposes of "furniture, fixtures and equipment costs," taxes, freight, warehouse expense, installation fees and purchasing agent fees. Furniture, fixtures and equipment costs shall be adjusted annually on January 1 of each year to reflect changes in CPI.
"Furniture, fixtures and equipment costs"means the actual and direct third party costs of all furniture, fixtures and equipment. Furniture, fixtures and equipment costs shall be adjusted annually on January l of each year to reflect changes in the CPI.
"Guestroom(s)"means a room or suite within a hotel intended for transient occupancy by guests for compensation.
"Hotel"means any building which includes all of the following: (1) ninety or more guestrooms; (2) at the premises, or under agreement with a hotel within one thousand feet of a different building that is under common ownership with the hotel, at least two thousand five hundred square feet of meeting room and pre function space.
"Hotel operator"means franchisee, manager, lessee, or licensee with whom an owner has a contract to operate the qualifying hotel pursuant to a franchise, management, lease, or license arrangement.
"Initial milestone"means the date which is the earlier to occur of: (1) twelve months following the date of approval of the application or (2) June 30, 2023.
"Owner"means the person or entity who is the owner of a hotel or a site upon which a hotel is to be constructed, whether in the capacity of fee simple owner, lessee, sub-lessee, mortgagee in possession, licensee, franchisee, or any other capacity, or the assignee or designee of such owner.
"Ownership"means fee simple, lease, license, franchise or other interest in property or a contract to purchase any such interest, which would entitle the owner to construct a new qualifying hotel.
"Qualifying hotel"means a hotel which is: (1) a new AAA Three Diamond Hotel; or (2) an approved equivalent qualifying hotel as determined in good faith by the city manager.
"Shell cost"means actual and direct third party costs of all materials, labor and equipment associated with the construction of the hotel. Site costs, parking costs, furniture, fixtures and equipment costs, architectural engineering, permits and fees, legal, accounting, taxes, sale or lease commissions, marketing expenses, initial operating capital and other indirect costs, as well as the developer overhead are excluded from shell costs. Shell costs shall be adjusted annually on January 1 of each year to reflect changes in the CPI.
"Site control"means ownership of a site on which a qualifying hotel is proposed.
"Transient occupancy tax"means the transient occupancy tax levied and collected pursuant to Chapter
3.12 of Title
3 of the Loma Linda Municipal Code, as it may be amended from time to time and held in the city's general fund for unrestricted use. Chapter
3.12 of the Loma Linda Municipal Code, as it may be amended from time to time, is referred to therein and herein as the "Transient Occupancy Tax Code"; provided, that, in no event, shall an amendment of the Transient Occupancy Tax Code after the date of this agreement result in an increase in the applicable transient occupancy tax rate.
"Under construction"means that all necessary discretionary entitlements have been approved by the city of Loma Linda, grading and building permits have been issued, and that inspection approvals by the city of Loma Linda of grading and foundations to grade level have been obtained, vertical construction of guestrooms has begun, and, if so requested by the city manager, the operating covenants have been recorded.
(Ord. 733 § 1, 2016; Ord. 771 § 1, 2022)