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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. 3 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. 4 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. 5 (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 2 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 7 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. 0 (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. I (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 10 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