HomeMy WebLinkAbout2020-12 - 30 Day Motel StaysORDINANCE NO. 2020-12
AN ORDINANCE OF THE CITY OF COSTA MESA
ESTABLISHING A TEMPORARY SUSPENSION OF COSTA
MESA MUNICIPAL CODE SECTION 13-174 AS TO SHORT-
TERM OCCUPANCY MOTELS WHICH ARE RESTRICTED TO
ALLOWING STAYS OF NO LONGER THAN 30
CONSECUTIVE DAYS, DUE TO THE IMPACTS OF THE
NOVEL CORONAVIRUS DISEASE (COVID-19)
WHEREAS, on March 4, 2020, the Governor declared a State of Emergency in
California due to the threat of Coronavirus Disease 2019 ("COVID-19"). On February 26,
2020, the Orange County Board of Supervisors and Department of Public Health declared
a public health emergency in Orange County due to COVID-19. On March 12, 2020, the
Director of Emergency Services of the City of Costa Mesa declared a local emergency
due to COVID-19, which was ratified by the City Council at its March 13, 2020 City Council
meeting. Due to directives from federal, state, and local health officials, residents have
been advised to avoid public gatherings and stay at home to prevent the spread of this
disease; and
WHEREAS, the city has been impacted by the health crisis of this global
pandemic. Sporting events, concerts, plays, and conferences have been canceled.
School closures have occurred and may continue. Employees have been advised to work
at home. As a result, restaurant and retail business has significantly declined and workers
have been impacted by lost wages and layoffs. Parents have had to miss work to care for
home -bound school -age children. As the virus spreads, workers may have to stay home
for extended periods; and
WHEREAS, on March 19, 2020, the Governor established a statewide Executive
Order (N-33-20) closing all non -essential services and businesses and ordering the
public to stay at home in order to prevent the spread of COVID-19 throughout the state;
and
WHEREAS, given the need that people remain housed to the maximum extent
possible, and because there are a multitude of travel restrictions in place during this
emergency, staff is requesting that the City Council temporarily suspend the City's code
provisions which limit short-term motels to stays of 30 days maximum; and
WHEREAS, the COVID-19 pandemic has significantly reduced the volume of
visitors traveling to the City, and simultaneously created the potential need for existing
motel guests to stay in motels for an extended period of time; and
WHEREAS, during this state of emergency, and in the interests of protecting the
public health and preventing transmission of the coronavirus, it is essential to provide
extended shelter at motels desired to be rented by people on a temporary basis until the
spread of the virus can be minimized and the emergency restrictions lifted; and
Ordinance No. 2020-12 Page 1 of 3
WHEREAS, the City Council has the authority to adopt this ordinance under
Government Code Section 8630, and also its authority under California Constitution Art
XI, section 7, and pursuant to the Governor's Order N-28-20 and N-33-20.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Temporary Suspension of portions of CMMC Section 13-174. To the extent
that Costa Mesa Municipal Code section 13-174 affects existing short-term rental motels,
i.e., those which are currently restricted to renting rooms for no more than thirty (30)
consecutive days, and only to that extent, such restriction is temporarily suspended for
the duration of the declared state of emergency in the City of Costa Mesa relating to the
COVID-19 pandemic. Nothing herein shall be deemed to create any vested right for any
short-term rental motels to continue renting rooms for more than thirty (30) consecutive
days beyond the duration of this declared emergency.
SECTION 2. Future Governor's Order. If the Governor issues an executive order which
prohibits throughout the state restrictions of maximum motel stays relating due to COVID-
19 related impacts, then that order shall control, and this ordinance shall no longer be in
effect. Otherwise, this ordinance shall remain in full effect until the cessation of the
emergency.
SECTION 3. Severability. If any portion of this ordinance is found to be unenforceable,
each such provision shall be severed, and all remaining portions of this ordinance shall
be enforced to the maximum extent legally permissible.
SECTION 4. Certification. The City Clerk shall certify to the passage and adoption of
this ordinance as required by law.
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Ordinance No. 2020-12 Page 2 of 3
PASSED, APPROVED AND ADOPTED this 21st day of April, 2020.
ATTEST:
Z�w ' *2
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
ina p y, Mayor
AP VED AS TO FORM
A'('-j
Kimberly all Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Ordinance No. 2020-12 was duly introduced for first reading at
a regular meeting of the City Council held on the 7tn day of April, 2020, and that thereafter,
said Ordinance was duly passed and adopted at a regular meeting of the City Council
held on the 21st day of April, 2020, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GENTS, MANSOOR, MARK, REYNOLDS,
STEPHENS, AND FOLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 22"d day of April, 2020.
jte
-&'OAO� J& Brenda Green, tity Clerk
Ordinance No. 2020-12 Page 3 of 3