HomeMy WebLinkAbout97-07 Establish Definitions and Incorporate Standards for Motels and HotelsORDINANCE NO. 97-7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AMENDING
SECTION 1340 AND ADDING ARTICLE 7 TO CHAPTER
XIII OF TITLE 13 OF THE COSTA MESA MUNICIPAL
CODE TO ESTABLISH DEFINITIONS FOR MOTELS
AND HOTELS AND TO INCORPORATE STANDARDS
FOR MOTELS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS.
Section 1. The City Council of the City of Costa Mesa does hereby find,
determine and declare as follows:
A. Motels we an important part of the local business economy by
providing temporary lodging for automobile tourists and transient
guest visitors to the community
B. Motels which are used for long-term housing alternatives preclude use
and occupancy by automobile tourists and transient guest visitors.
C. Local land use regulations and building codes for motels are not
designed to allow motels to be used as long-term housing alternatives.
D. Long-term occupancy of motel rooms has, in some instances, created
unsafe and dangerous living conditions within the community
E. Additional land use regulations are necessary to establish acceptable
operational requirements for motels to ensure that motels remain an
asset to the community and meet their intended purpose of providing
short-term lodging for automobile tourists and transient guest visitors
to the community
Section 2. Section 13-40 of Article 2, Chapter II, Title 13 of the Costa Mesa
Municipal Code is hereby amended by amending the definition of "hotel" as follows:
"Hotel. Any building or combination of buildings generally three (3) or
more stories in height containing six (6) or more guest rooms offering transient lodging
accommodations to the general public and providing incidental guest services such as
food and beverage service, recreation facilities, retail services and banquet, reception and
meeting rooms. Typically, room access is provided through a main or central lobby
Section 3. Section 1340 of Article 2, Chapter 11, Title 13 of the Costa Mesa
Municipal Code is hereby amended by adding the following definition:
"Motel. Any building or combination of buildings of one- (I) to three- (3)
stories in height having six (6) or more guest rooms with parking located convenient to
the guest rooms and providing temporary lodging for automobile tourists and transient
visitors. Typically, guest rooms have direct access to available parking without passing
through a common lobby area. Motels also include auto courts, tourist courts, motor
lodges, motor inns and motor hotels.
Section 4. Article 7 is hereby added to Chapter XIII of Title 13 of the Costa
Mesa Municipal Code to read as follows:
"ARTICLE 7 REGULATION OF MOTELS
Sec. 13 -900. 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 of Costa Mesa and to
ensure the continued use of motels in the manner intended to provide such lodging.
Sec. 13-901. 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 more than twenty-five (25) percent of the total number of rooms in any
motel shall be rented to persons whose occupancy exceeds twenty-eight (28)
consecutive days or twenty-eight (28) days in any sixty (60) consecutive day
period, except where a conditional use permit has been obtained as permitted
in Section 13-902 of this Title. This provision shall not apply to a maximum
of two (2) units per motel designated for occupancy by paid employees.
(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 thirty
(30) days past the last day of stay of the guest and shall be made available for
inspection upon request by sworn personnel of the Costa Mesa Police
Department or City Building Official.
(I) No room, suite or bed shall be assigned or rented more than twice within any
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 13-902. Conditional Use Permit for Extended Occupancies
(a) Notwithstanding Section 13-901 (a), a motel operator/owner may rent rooms
for extended periods exceeding twenty-eight (28) consecutive days or twenty-
eight (28) days in any sixty (60) consecutive day period, upon approval of a
conditional use permit. In reviewing the conditional use permit, the Planning
Commission shall consider the following criteria:
(1) Whether or not the overall site design and the floor plans of individual
rooms proposed are conducive to extended occupancy
(2) Whether or not adequate parking and other amenities are provided to
support extended occupancy
(3) Whether or not the renting of rooms for more than twenty-eight (28)
consecutive days is likely to lead to or, in the case of existing motels, has
lead to, police problems due to the design of the motel and/or the nature of
the surrounding area.
(b) In applying for the conditional use permit, the owner/operator shall determine
the number and/or percentage of rooms to be offered for extended occupancy
The Planning Commission may approve the request as submitted or may
establish an alternate number and/or percentage based upon the review of the
above criteria.
See 13-903. Application to Existing Businesses.
(a) Any motel actually and lawfully doing business in the City before the
effective date of this article shall be permitted to continue to do so, subject to
all applicable provisions of state law and this code, and subject to all
conditions of the conditional use permit(s) issued for the site; provided,
however, that after January 1, 1998, such businesses shall also comply with all
the conditions and operational standards set forth in Sectionsl3-901(a)
through 13-901(h), inclusive, of this article.
(b) Motels with existing long-term occupancies and long-term occupancies
entered into after the adoption of this article shall notify such tenants of the
provisions of this article and future regulations applicable to long-term
occupancies. Such notice shall be provided to current long-term occupancies
at least thirty (30) days prior to January 1, 1998, and to new long-term
occupancies established after the adoption of this article at the time of
occupancy For the purposes of this section, the phrase `long-term occupancy"
shall mean an occupancy for periods exceeding twenty-eight (28) consecutive
days or twenty-eight (28) days in any sixty (60) consecutive day period.
(c) The provisions of this article shall not be used to avoid the application of
tenant's rights in violation of Civil Code section 1940.1.
(d) Motels with existing long-term occupancies in excess of twenty-five (25)
percent of the rooms shall not re -rent units for subsequent long-term
occupancies after such units are vacated by long-term occupancy tenants after
the effective date of this article, unless a conditional use permit has been
obtained, as provided in section 13-902.
Section 5. Severability.
If any provision or clause of this ordinance or the application thereof to
any person or circumstance 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 6. 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 ORANGE COAST 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 summary
and shall post in the office of the City Clerk a certified copy of this Ordinance together
with the names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED this 7th day of April, 1997
ATTEST
-I, D , ., Cr
Deputy City 4rk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayor of the City of CojyVesa
A,NWVED AS TO FORM
CITY ATTORNEY
I, MARY T ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 97-7 was introduced and considered section by section at a regular
meeting of the City Council held on the 17th day of March, 1997, and thereafter passed
and adopted as a whole at a regular meeting of the City Council held on the 7th day of
April, 1997, by the following roll call vote:
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ABSENT NoA)E
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 8th day of April, 1997
T.
Deputy Cit? Jerk and ex -officio Clerk of
the City Co ncil of the City of Costa Mesa