Ordinance No. 813 - Adding Chapter 5.42 and Amending Section 17.112.030ORDINANCE NO. 813
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, CALIFORNIA
ADDING CHAPTER 5.42 TO THE ROSEMEAD
MUNICIPAL CODE TO CREATE OPERATIONAL
STANDARDS FOR HOTELS AND MOTELS AND
0 AMENDING SECTIONS 17.112.030 AND 17.48.020
OF THE CODE REGARDING CONDITIONAL USE
PERMIT REQUIREMENTS FOR SUCH USES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN
AS FOLLOWS:
Section 1. Section 17.48.020 of the Rosemead Municipal Code (permitted
uses in the CBD zone) is hereby amended by deleting from the list of permitted
uses the following:
"Hotels, including accessory commercial uses operated
primarily for convenience of hotel guests"
Section 2. Chapter 5.42 is added to the Rosemead Municipal Code to read
as follows:
Chapter 5.42. Motels and Hotels
Section 5.42.010. Purpose and Intent. The purpose of this chapter is to
establish operational standards and requirements for motels and hotels which will
ensure the continued availability of transient visitor lodging within the city and
will ensure the continued use of motels and hotels in the manner intended to
provide such lodging.
Section 5.42.020. Operational Standards. The operational standards
• contained in sections 5.42.030 through 5.42.150 shall apply to all motels and
hotels in the city. Each owner and operator shall be responsible for insuring that
the hotel or motel he or she owns or operates is operated in compliance with this
chapter. For purposes of this chapter, "operator" shall have the same meaning
ascribed to it by section 3.16.020 of this code.
Section 5.42.030. Letting Rooms in Excess of Thirty Days Prohibited. No
rooms shall be rented to persons whose occupancy exceeds thirty (30) consecutive
•
days or exceeds thirty days (30) days in any sixty (60) consecutive day period,
unless such extended occupancy is authorized pursuant to a conditional use permit
as provided in section 17.112.030(20). This provision shall not apply to a
maximum of one unit per motel or hotel complex designated for a manager's
occupancy.
Section 5.42.040. On Site Management. On-site management shall be
available twenty-four (24) hours a day.
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Section 5.42.050. Housekeeping Service. 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.
Section 5.42.060. Telephone Service. In-room telephone service for
emergency response purposes shall be provided in all guest rooms.
• Section 5.42.070. Registration Requirements. Persons responsible for the
renting of a room in any motel or hotel 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, room rate and, if the room is
• occupied by someone other than the registrant for in excess of thirty days, the
name of the occupant of the room. The foregoing information shall be maintained
in a register.
Section 5.42.080. Re isg tering Under Fictitious Name Prohibited. No
person shall write or cause to be written, or knowingly permit to be written in any
register in any motel or hotel, any other or different name or designation than the
true name of the person registering therein, or the name by which the person is
generally known.
Section 5.42.090. Register to be Kept for Three Years. The register
required by Section 5.42.070, shall be maintained in good condition for a period of
not less than three years from and after the date of entry.
Section 5.42.100. Preventing Register Inspection Prohibited. Authorized
representatives of the City shall be allowed to inspect the register required by
Section 5.42.070 upon reasonable prior notice or for reasonable cause, and no
• . owner, operator nor other person shall deny, prevent, obstruct or attempt to deny,
prevent or obstruct such authorized representatives to inspect the register.
Section 5.42.110. Repeated Use of Room Prohibited. No room, suite or bed
shall be assigned or rented more than twice within any twenty-four (24) hour period.
Section 5.42.120. Hourly Rates Prohibited. No room shall be let for hourly or
other short-time rates nor advertised in any way to be available at hourly or other
• short-time rates.
Section 5.42.130. Commercial Use of Guest Rooms Prohibited. Except as
may otherwise be expressly authorized by conditions of approval of a conditional use
permit, no person in occupancy of a motel or hotel room shall sell merchandise or
services to the public therefrom.
Section 5.42.140. Food Preparation Equipment Prohibited. Except as may
otherwise be expressly authorized by conditions of approval of a conditional use
permit, no appliances for preparation of meals shall be permitted in any guest room,
provided, however, that small refrigerators for drinks, coffee makers and small
microwave ovens which are not large enough for actual preparation of meals are not
prohibited by this section.
Section 5.42.150. Transient Occupancy Tax. Each owner and operator shall
comply with the provisions of the Rosemead Municipal Code pertaining to the
• operator's responsibility for the collection of transient occupancy tax.
Section 5.42.160. Applicability to Existing Businesses
(a) Any motel or hotel actually and lawfully doing business in the city
before the effective date of this chapter 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 from and after such effective date such businesses shall also
comply with all the conditions and operational standards set forth in this
Chapter. Notwithstanding the foregoing, the restrictions on long-term
occupancies contained in Section 5.42.030 shall not take effect for any such
existing hotels or motels until January 1, 2001, except to the extent that any
such occupancy would cause long-term occupancies to exceed 20% of the
total number of rooms in the hotel or motel.
(b) Notice of the restrictions on long-term occupancy imposed by this
Chapter shall be provided at least thirty (30) days prior to January 1, 2001, to any
long-term occupants who are in occupancy as of the effective date of this chapter,
and at the time of occupancy for any long-term occupancies established after said
effective date.
(c) The provisions of this Chapter shall not be used to avoid the
application of tenant's rights in violation of the State Civil Code Section 1940.1.
Section 5.42.170 Penalties. Violation of the prohibited acts and or mandatory
duties set forth in this Chapter shall constitute separate misdemeanor offenses,
punishable by not more than one year imprisonment in the county jail or by a fine of
not exceeding one thousand dollars ($1,000.00), or both such fine and imprisonment.
Section 3. Section 17.112.030(20) of the Rosemead Municipal Code is
0 amended to read as follows:
20. Hotels and motels in the C-3, CBD and M-1 zone subject to the
following conditions:
(a) Lot Area. The minimum area of the parcel or lot shall not be less
than forty thousand (40,000) square feet.
(b) Lot Width. Each lot shall have a minimum frontage of not less than
one hundred (100) feet on a major street as depicted on the circulation element
of the General Plan.
(c) Maximum Coverage. The maximum lot coverage of all structures
shall not exceed forty (40) percent of the total lot area.
(d) Landscaping. A minimum of ten percent of the total lot area is to be
landscaped.
• (e) Yards. Side and rear yards, when abutting residentially zoned or
used property, shall be not less than ten feet from property line.
(f) If requested by a motel/hotel operator/owner in applying for a
conditional use permit, notwithstanding section 5.42.030 of this code, the
owner/operator may rent rooms for extended periods exceeding thirty
consecutive days or thirty days in any sixty consecutive day period, as
0 authorized by the conditional use permit. The right to rent rooms for
extended periods as authorized by the conditional use permit shall be
conditioned upon the owner/operator agreeing to pay and paying to the City at
the time set forth in section 3.16.070 for remission of transient occupancy tax
payments, a payment in lieu of taxes in an amount equal to the transient
occupancy tax that would otherwise be payable were the units occupied for
less than thirty days. In determining the number of units in a motel/hotel
complex that may be so occupied, the Planning Commission shall consider the
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following criteria:
i. Whether or not the overall site design and the floor plans of
individual rooms proposed are conducive to extended occupancy.
ii. Whether or not adequate parking and other amenities are
provided to support extended occupancy.
iff. Whether or not the renting of rooms for more than thirty
• 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.
iv. 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
0 approve the request as submitted or may establish an alternate number
and/or percentage based upon the review of the above criteria,
provided, however, that the number shall not be less than 20% of the
total number of rooms in the hotel or motel nor more than 30% of the
total number of rooms.
(g) The owner and/or operator of any such hotel or motel shall have and
maintain only one meter for each utility service to the entire use.
(h) A hotel or motel may provide manager's quarters not to exceed one
dwelling unit, which complies with the minimum multifamily (R-3) standards
as set forth in this code.
(i) Every hotel and motel shall have a security system designed to the
satisfaction of the Chief of Police (Commander, Temple Station) which shall
include surveillance of arrivals, departures, and parking areas from the office
• and security hardware, cameras, alarms and lighting.
0) Every hotel and motel shall have an office with a registration desk,
and the office shall be located in close proximity to the entry driveway to the
street front.
(k) Vehicles exceeding eighty (80) inches in width shall not be
permitted to park in any required parking lot used exclusively for hotel or
• motel customers. (Noncommercial) recreational vehicles or motor homes shall
be permitted to park in such lots, provided that at least one designated
recreational vehicle parking space, which is a minimum of ten feet by thirty
(30) feet, is provided for each twenty-five (25) rooms in the hotel or motel
complex.
(1) Every hotel and motel shall be operated in compliance with the
operational standards of Chapter 5.42 of this code.
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(m) An economic feasibility study shall be submitted to the Planning
Department for review and approval. The economic feasibility study shall be
prepared by a professional who is familiar with preparation of such
documents. The study shall include data to support a finding that there is a
demonstrated need for the project and that the project will economically
benefit the community as a whole. This section shall not apply to hotels and
0 motels in existence on April 28, 1987.
(n) Conditional use permits granted for hotels and motels that were in
operation on April 28, 1987, shall require compliance with subsections a
through e, g and j only to the extent that said requirements can be imposed
without requiring significant and unduly expensive physical modifications to
the property or structures of the motel or hotel complex.
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Section 4. Hotels and motels in existence upon the effective date of
Ordinance 604, adopted April 28, 1987, were required by section 17.12.060 of the
Rosemead Municipal Code to obtain a conditional use permit within three years from
that effective date. Those hotels and motels that have not complied with these
requirements are hereby granted pre-existing non-conforming use status through and
including December 31, 2000. Any hotel or motel that fails to apply for and obtain a
conditional use permit by said date shall become an illegal use and shall be
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discontinued.
PASSED, APPROVED and ADOPTED this d(day of to c v' 2000.
0
L
Mayor
ATTEST:
Nancy Valderrama, CMC City Clerk
City of Rosemead, California
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 813 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADDING CHAPTER 5.42 TO THE ROSEMEAD MUNICIPAL CODE TO CREATE
OPERATIONAL STANDARDS FOR HOTELS AND MOTELS AND AMENDING
SECTION 17.112.030 AND 17.48.020 OF THE CODE REGARDING CONDITIONAL
USE PERMIT REQUIREMENTS FOR SUCH USES
was duly adopted at a regular meeting of the Rosemead City Council on the 26th day of
September, 2000, by the following vote to wit:
YES: COUNCILMEMBERS, VASQUEZ, BRUESCH, CLARK, IMPERIAL
NO: TAYLOR
ABSENT: NONE
ABSTAIN: NONE
CITY CLERK