CC - Item 3D - Adding Chapter 5.42 To TheRosemead Municipal Codef1
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
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
ORDINANCE NO. 813
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:
COUNCIL AGENDA
Chapter 5.42. Motels and Hotels) SEP 2 6 2000
FEM No. =7
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 15.40.020. Operational Standards The operational standards
contained in sections 15.40.030 through 15.40.150 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 15.40.030. 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 15.40.040. On Site Management. On -site management shall be
available twenty -four (24) hours a day.
Section 15.40.050. 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 15.40.060. Telephone Service In -room telephone service for
emergency response purposes shall be provided in all guest rooms.
Section 15.40.070. Reeistration 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 15.40.080. Registering Under Fictitious Name Prohibited No
person shall write or cause to be written, or knowingly pen 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 natne by which the person is
generally known.
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Section 15.40.090. Register to be Kept for Three Years The register
required by Section 15.40.070, shall be maintained in good condition for a period
of not less than three years from and after the date of entry.
Section 15.40.100. Preventing Reeister Inspection Prohibited Authorized
representatives of the City shall be allowed to inspect the register required by
Section 15.40.070 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 15.40.110, 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 15.40.120, i,�- ourly Rates P 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 15.40.130. 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.
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Section 15.40.140.: _ 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 }yhich are not large enough for actual preparation of meals
are not prohibited by this section.
Section 15.40.150. 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 15.40.160. 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 15.40.030 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.
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(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 lone -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 1 x.40.170 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 (S 1,000.00), or both such fine and
imprisonment.
Section 3 . Section 17.112.030(20) of the Rosemead Municipal Code is
- 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
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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 1 x.40.030 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
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
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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 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.
iii. 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.
N. 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 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.
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(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.
(j) 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. (Noncorrunercial) recreational vehicles or motor homes
shall be pennitted 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.
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(1) Every hotel and motel shall be operated in compliance with the
operational standards of Chapter 5.42 of this code.
(in) 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
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.
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
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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 discontinued.
PASSED, APPROVED and ADOPTED this day of .')000.
Mayor
ATTEST:
?Fancy Valderrama. CMC City Clerk
City of Rosemead, California