HomeMy WebLinkAbout21 - NB-2 - Review of Ordinance No.14-11 for Title - 9/5/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 5, 2017 ITEM NUMBER: NB -2
SUBJECT: REVIEW OF ORDINANCE NO. 14-11 FOR TITLE 13, CHAPTER IX,
ARTICLE 8, GOVERNING MOTELS
DATE: AUGUST 25, 2017
FROM: CITY ATTORNEY'S OFFICE /
DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION COUNCILMEMBER JOHN STEPHENS, COUNCILMEMBER JIM
BY: RIGHEIMER AND TOM DUARTE, CITY ATTORNEY
FOR FURTHER INFORMATION TOM DUARTE (714) 754-5399
CONTACT: Tom.Duarte@costamesaca.gov
RECOMMENDATION
Direct staff to agendize consideration of Ordinance No. 14-11, as it pertains to Title 13,
Chapter IX, Article 8, Governing Motels, at the next possible regular meeting of the Planning
Commission and to direct the Planning Commission to consider the ordinance and make a
recommendation to the City Council regarding whether the ordinance should be repealed or
amended.
BACKGROUND
On July 15, 2014, the City Council gave first reading to Ordinance No. 14-11 by a 3-2
vote (Council members Genis and Leece voting no). The ordinance was enacted with
the second reading on August 5, 2014, and became effective 30 days later on
September 4, 2014.
The ordinance changed City Municipal Code Sections 13-172 through 13-175.4 (Motels)
to limit guest stays in motels to no more than 30 consecutive days or 30 days in a 60 -day
period, unless the motel obtained approval of a Conditional Use Permit (CUP) to allow for
Long Term Occupancies (LTO's). However, the Ordinance contained a "grandfather
clause" that exempted existing LTOs for motels as long as they maintained their pre-
existing units as LTO's.
Pending litigation against the City seeks to invalidate the ordinance. Additionally, there is
a reduction in calls for service and a reduction in motel units that accept long-term
occupants due to closure of the Costa Mesa Motor Inn. Councilmembers John Stephens
and Jim Righeimer have been working with the City Attorneys regarding the litigation.
ANALYSIS
Ordinance No. 14-11 set forth various operational and development standards, as well as
elements necessary for a motel to meet in order to be granted a CUP to exceed the long-
term occupancy limits established by the Ordinance. The evaluation of the continued
utility of certain of these operational standards and certain elements of the CUP
requirements is appropriate in response to claims and defenses being made in the
pending litigation, as well as in light of changed circumstances involving the operation of
the motels, as mentioned. The present operational and development standards and the
conditional use permit requirements are set forth below.
(Ordinance No. 14-11)
Sec. 13-174. Operational and development standards.
The following operational and development standards shall apply to all motels in the
city and shall be included in conditions imposed upon the granting of any conditional use
permit for such business, unless specifically modified by the conditional use permit:
A. No property owner, motel operator or manager shall rent a room for a period that
exceeds thirty (30) consecutive days or thirty (30) days within any sixty (60)
consecutive day period, unless the property owner or motel operator has obtained
a conditional use permit authorizing long-term occupancies pursuant to section
13-175.3.
B. On-site management shall be available twenty-four (24) hours a day.
C. Each guest room shall be provided regularly -scheduled maid and housekeeping
services. Such services shall be provided at least once every three (3) days
during any consecutive occupancy and at least once between each occupancy.
D. In -room telephone service for emergency response purposes shall be provided
in all guest rooms of the motel.
E. Persons responsible for the renting of a room in any motel shall provide their
name and permanent address, as verified by presentation of a valid driver's
license or other valid identification, and the license number, state of license,
make, model and year of any vehicle parked on-site or off-site. The registration
information shall also include the dates of occupancy, length of stay and room
rate. Such information shall be maintained for at least one year past the last day
of stay of the guest.
F. No room, suite or bed shall be assigned or rented more than once within any
twenty-four (24) hour period.
G. The property owner/motel operator shall comply with the provisions of Chapter
IV of Title 16 of the Costa Mesa Municipal Code pertaining to the operator's
responsibility for the collection of transient occupancy tax.
H. The business shall be conducted, at all times, in a manner that will allow the safe
and quiet enjoyment of the surrounding neighborhood which includes, but is not
limited to, security and operational measures to comply with this requirement.
Sec. 13-175.3. Conditional Use Permit for long-term occupancies.
A property owner/motel operator may apply for a conditional use permit authorizing the
facility to exceed the long-term occupancy limits in Section 13-174.A, subject to
restrictions of the issuing authority. In order to be granted a conditional use permit under
this section, the property owner/motel operator must demonstrate compliance with, and
the city shall make a finding that, each of the following standards have been met:
A. The motel must have a minimum of at least seventy-five (75) rooms.
B. Fireproof safety deposit boxes must be available to all occupants of the motel.
C. Each guest room shall be provided regularly -scheduled maid, mail and
housekeeping services. Such services shall be provided at least once every three
(3) days during any consecutive occupancy and at least once between each
occupancy.
D. Each room shall be a minimum of three hundred seventy-five (375) square feet.
E. The motel shall maintain on-site laundry services, available for use by guests.
F. The proposed use is compatible with the surrounding neighborhood, uses, zoning
and general plan.
G. Each guest room shall have a fully equipped kitchen with an area for the
preparation of food, and include the following: sink, cook top, oven and/or
microwave oven, and refrigerator.
LEGAL REVIEW
The City Attorney's office has reviewed and approved the content of this report.
CONCLUSION
Council members Stephens and Righeimer are requesting that the City Council direct
staff to agendize consideration of Ordinance No. 14-11, as it pertains to Title 13, Chapter
IX, Article 8, Governing Motels, at the next possible regular meeting of the Planning
Commission. The Planning Commission will be asked to consider the ordinance and make
a recommendation to the City Council regarding whether the ordinance should be repealed
or amended.
MEL LEE, AICP
Senior Planner
THOMAS DUARTE
City Attorney
ATTACHMENTS: 1. Ordinance No. 14-11
BARRY CURTIS, AICP
Economic and Development Services
Director
ATTACHMENT 1
ORDINANCE NO. 14-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, FOR CODE AMENDMENT CO -13-03 AMENDING TITLE 13, CHAPTER
IX, ARTICLE 8 GOVERNING MOTELS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 13 of the Costa Mesa Municipal Code is hereby amended as follows:
TITLE 13 - PLANNING, ZONING AND DEVELOPMENT
CHAPTER IX. - SPECIAL LAND USE REGULATIONS
ARTICLE 8. MOTELS
ARTICLE 8. MOTELS
Sec. 13-171. Purpose and intent.
Sec. 13-172. Definitions.
Sec. 13-173. Operational and development standards.
Sec. 13-174. Application to existing businesses.
Sec. 13-175. Application to existing tenants.
Sec. 13-176. Procedure for compliance.
Sec. 13-177. Conditional use permit for long-term occupancies.
Sec. 13-178. Termination of tenancy.
Sec. 13-171. Purpose and intent.
The purpose of this article is to establish operational and development standards, and
requirements for motels which will ensure the continued availability of transient visitor and
automobile tourist lodging within the city and to ensure the continued use of motels in the
manner intended to provide such lodging.
(Ord. No. 97-11, § 2, 5-5-97)
Sec. 13-172. Definitions.
A. "Long-term occupancy" shall mean any occupancy in a motel in the city for a
period exceeding thirty (30) consecutive days or thirty (30) days within any sixty (60)
consecutive day period.
B. "Short-term occupancy" shall mean any occupancy of a motel in the city for a
period that does not fall within the definition of a long-term occupancy.
Ordinance No. 14-11 Page 1 of 5
Sec. 13-173. Operational and developinent standards.
The following operational and development standards shall apply to all motels in the city
and shall be included in conditions imposed upon the granting of any conditional use permit for
such business, unless specifically modified by the conditional use permit:
A. No property owner, motel operator or manager shall rent a room for a period that
exceeds thirty (30) consecutive days or thirty (30) days within any sixty (60)
consecutive day period, unless the property owner or motel operator has obtained a
conditional use permit authorizing long-term occupancies pursuant to section 13-177.
B. On-site management shall be available twenty-four (24) hours a day.
C. Each guest room shall be provided regularly -scheduled maid and housekeeping
services. Such services shall be provided at least once every three (3) days during any
consecuLive occupancy ana at least once between each occupancy.
D. In -room telephone service for emergency response purposes shall be provided in all
guest rooms of the motel.
E. Persons responsible for the renting of a room in any motel shall provide their name and
permanent address, as verified by presentation of a valid driver's license or other valid
identification, and the license number, state of license, make, model and year of any
vehicle parked on-site or off-site. The registration information shall also include the
dates of occupancy, length of stay and room rate. Such information shall be maintained
for at least one year past the last day of stay of the guest.
F. No room, suite or bed shall be assigned or rented more than once within any twenty-
four (24) hour period.
G. The property owner/motel operator shall comply with the provisions of Chapter IV of
Title 16 of the Costa Mesa Municipal Code pertaining to the operator's responsibility
for the collection of transient occupancy tax.
H. The business shall be conducted, at all times, in a manner that will allow the safe and
quiet enjoyment of the surrounding neighborhood which includes, but is not limited to,
security and operational measures to comply with this requirement.
(Ord. No. 97-11, § 2, 5-5-97)
Sec. 13-174. Application to existing businesses.
The requirements of this chapter, specifically including the long-term occupancy
restrictions in Sections 13-173A, shall apply to all motels in the city, whether it is new or was in
existence prior to the effective date of this ordinance.
Sec. 13-175. Application to Existing Tenants.
A. Nothing in this chapter shall require an existing tenant of a long-term occupancy,
established prior to the effective date of this chapter, to move out of a unit they are
already occupying. Those pre-existing long-term occupancies may continue pursuant to
the terms of the existing lease or agreement, until that tenancy terminates by its own
terms under the law.
Ordinance No. 14-11 Page 2 of 5
B. Whenever a long-term occupancy terminates, for whatever reason, the property
owner/motel operator shall not re -lease that unit for a new long-term occupancy, except
to the degree the motel will be in compliance with the requirements of this chapter.
(Ord. No. 97-11, § 2, 5-5-97)
Sec. 13-176. Procedure for Compliance.
A. Within thirty (30) days of the effective date of this ordinance, the city shall notify the
owners and operators of each motel in the city of the ordinance's adoption. The City
shall send a copy of the ordinance, a "long-term occupancy form", and a schedule for
compliance via certified return receipt mail. If a notice is returned, the city shall send the
notice via standard 1J.S. Mail:
B. Within thirty (30) days of the mailing of the notice in Section 13-176A, the property
owner/motel operator shall submit a fully completed "long-term occupancy form" to the
city that provides the total number of rooms used as long-term occupancies during the
preceding sixty (60) days; identify the long-term occupant by a valid driver's license or
other valid identification; the make, year, and model of any vehicle parked on-site or off-
site; and any other information to demonstrate compliance with the ordinance. If a
property owner/motel operator fails to submit the long-term occupancy form, in addition
to taking any other action authorized by law, the city shall estimate the total number of
rooms used as long-term occupancies at zero (0).
Sec. 13-177. Conditional Use Permit for long-term occupancies.
A property owner/motel operator may apply for a conditional use permit authorizing the facility
to exceed the long-term occupancy limits in Section 13-173A, subject to restrictions of the
issuing authority. In order to be granted a conditional use permit under this section, the property
owner/motel operator must demonstrate compliance with, and the city shall make a finding that,
each of the following standards have been met:
A. The motel must have a minimum of at least seventy-five (75) rooms.
B. Fireproof safety deposit boxes must be available to all occupants of the motel.
C. Each guest room shall be provided regularly -scheduled maid, mail and housekeeping
services. Such services shall be provided at least once every three (3) days during any
consecutive occupancy and at least once between each occupancy.
D. Each room shall be a minimum of three hundred seventy five (375) square feet.
E. The motel shall maintain on-site laundry services, available for use by guests.
F. The proposed use is compatible with the surrounding neighborhood, uses, zoning and
general plan.
Ordinance No. 14-11 Page 3 of 5
G. Each guest room shall have a fully equipped kitchen with an area for the preparation of
food, and include the following: sink, cook top, oven and/or microwave oven, and
refrigerator.
Sec. 13-178. Termination of Tenancy.
The provisions of this article shall not be used to terminate a tenancy in violation of the
requirements of California Civil Code Section 1940 et. seq.
SECTION 2: ENVIRONMENTAL DETERMINATION. Pursuant to the California Environmental
Xua]ILy ,,L< ��� „1 Me project- rids been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental
procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (General Rule)
of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty
that there is no possibility that the passage of this ordinance amending the zoning code will
have a significant effect on the environment.
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the
provisions of this ordinance.
SECTION 4: SEVERABILITY. if any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses
or applications of this ordinance which can be implemented without the invalid provision, clause
or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage
shall be published once in the DAILY PILOT, a newspaper of general circulation, printed and
published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published
a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in
the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within
fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned
Ordinance No. 14-11 Page 4 of 5
summary and shall post in the office of the City Clerk a certified copy of this Ordinance together
with the names and member of the City Council voting for and against the same.
ATTEST:
igheimer
of Costa Mesa
bl-er& j �/i'k--'
Brenda Green,
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA)
tis 5th day of August, 2014.
APPROVED AS TO FORM:
Richard L. Adams II,
Deputy City Attorney
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above Council Ordinance Number 14-11 was introduced at
a regular meeting of said City Council held on the 15th day of July, 2014, and thereafter passed
and adopted as a whole at the regular meeting of said City Council held on the 5th day of August,
2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: Genis, Leece
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of
Costa Mesa this 6th day of August, 2014.
&0&& oyff4l-,
Brenda Green, dity Clerk
Ordinance No. 14-11 Page 5 of 5