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CC - Item II.B+ B1 - An Ordinance Adding Chapter 5.42 to The Rosemead Municipal coder . staf f epor TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER �� DATE: SEPTEMBER 12, 2000 SUBJECT: MUNICIPAL CODE AMENDMENT 00 -02 — AN ORDINANCE 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 BACKGROUND Section 17.112.030(20) of the Rosemead Municipal Code requires hotels and motels to have conditional use permits (CUP) if they are located in the C -3 or M -1 zones. They are permitted uses (not subject to a CUP), if they are located in the Central Business District (CBD) Zone. This code section also sets forth development and operational standards to be included as conditions of CUP approval. The CUP requirement was added in April 1987, by Ordinance No. 604, and existing hotels and motels had three years to comply by obtaining a CUP. However, only three of the fourteen hotels and motels in the City have obtained CUP's. Thus, the operational regulations contained in the Zoning Code, are currently in effect for only three motels. Last year, the Greater LA Hotel /Motel Association filed a lawsuit against the City challenging the legality of one of the Code's operational conditions, a provision that prohibited stays in excess of thirty days. Municipal Code Amendment 00 -02 grew out of lawsuit settlement negotiations, but the proposed ordinance constitutes a considerable revision of hotel /motel regulations going well beyond the one issue involved in the Association's lawsuit. DISCUSSION The proposed ordinance enacts a new chapter imposing operational regulations that apply to motels and hotels whether or not there is a CUP. These include registration requirements and several other requisites currently in RMC Section 17.112.030(20). SEP 12 2000 ITEM No. SB ,� / coUNICI�L.: =: r DA Rosemead City Council September 12, 2000 Page 2 of 2 RECOMMENDATION Staff recommends that the City Council approve Municipal Code Amendment 00 -02, introduce and place Ordinance No. 813 on first reading and schedule the item.for a 2 "d reading at the meeting of September 26, 2000. EXHIBITS A. Planning Commission Minutes, dated August 21, 2000 B. Staff Report, dated August 7, 2000 ORDINANCE 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 a 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 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 penmitted 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 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.sarne 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. 2 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. Registration Requirements Persons responsible for the renting of a room in any inotel 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 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 15.40.090. Resister 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 Resister Inspection Prohibited Authorized representatives of the Cit} shall be allowed to inspect the register required by Section 15.40.070, 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. 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 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. Section 15.40.140. Food Preparation Equipment Prohibited Except as 4 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 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- tenn occupancies contained in Section 15.40.030 shall not take effect for any such existing hotels or motels until Januan 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 -tenn 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 1 5.40.170 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 ($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 M 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 motel/hotel operator /owner in applying for a conditional use permit, notwithstanding section 15.40.030 of this code, the owner /operator may rent rooms for extended periods exceeding thirty consecutive days or third- 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. 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 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. H (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. 0 (1) Every hotel and motel shall be operated in compliance with the operational standards of Chapter 5.42 of this code. (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 motels in existence on April 28, 1987. (n) Conditional use pen 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 properr 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 , 2000. Mayor ATTEST: Nancy Valderrama, CMC City Clerk City of Rosemead. California 11 City of Ppsemead 8838 East VaQey Bouhwrd 9(osemm( California PLANNING COMMISSION REGULAR MEETING MINUTES August 7, 2000 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Chairman Ortiz at 7:00 p.m. in the council chambers of the Rosentend Cite Hall at 8838 East Valley Boulevard, Rosentend Commissioner Ruiz led the Pledge oJAllegimtce. Commissioner Alarcon delivered invocation. ROLL CALL: PRESENT: Chairman Ortiz, Vice - Chairman Breen, Commissioners Alarcon, Loi, and Ruiz ABSENT: None EX OFFICIO: Crowe, Price, Wilkinson, Alvarez, and Romanelli I. APPROVAL OF MINUTES Regular Meeting of July 17, 2000 (1%10) Motion by Commissioner Loi, seconded by Commissioner Ruiz, that the minutes of the City of Rosemead Regular Planning Commission Meeting of July 17, 2000, be APPROVED as submitted. Vote results: YES: ORTIZ, BREEN, LOL RUIZ NO NONE ABSTAIN: ALARCON ABSENT: NONE Chairman Ortic declared said motion rhdp carried and so ardered. 2. EXPLANATION OF BEARING PROCEDURES AND APPEAL RIGHTS Deputy City Attorney Stan Price explained the public hearing process and the right to appeal planning commission decisions to the city council. 3. ADMINISTRATION OF OATH The commission secretary administered the oath to members of the audience wishing to speak before the planning commission. 4. PUBLIC HEARING A. MUNICIPAL CODE AMENDMENT 00 -02 -0 ywide This is a staff- initiated amendment to the Rosemead Municipal Code .Section ,x'17.48.020 (permitted uses in the CBD zones), .Section §I 211.030 (hotel /motel use permit conditions), and to add Section ,x'5.42 (hotel /motel business licenses and regulations). These code sections set operational standards for hotel and motels and revise existing conditions of approval that are placed on hotels and motels through the issuance of a conditional use permit. EXHIBIT "A" 8n /00 miM ras, PAGa 2 Presentation: Staff recommendation: Associate Planner Wilkinson APPROVE — Municipal Code Amendment 00 -02, subject to the conditions listed in "Exhibit A." RECOMMEND CITY COUNCIL APPROVAL — Municipal Code Amendment 00 -02. Questions from the commissioners to the staff: Wherefore, the deadline for a CUP hotel /motel application is December 31, 2000, Commissioner Loi inquired whether staff would have sufficient time by which to accommodate all requests. Accordingly, Associate Planner Wilkinson reassured the commissioner of ample time. Chairman Ortiz opened thepublie hearing to those IN FA I'OR of this application: . An attorney for the Greater Los Angeles Hotel /Motel Association, Air. Stephen Jones, approached the podium to make two (2) comments: Firstly, an afterthought emphasizing "to the public" was appended to the lawsuit summary prohibiting hotel room retailing; thereby, exempting professional "traveling salespersons" who wish to display their merchandise. Lastly, Mr. Jones deemed extended stay modification requests by those hotellmotel proprietors already holding CUPS as nonsensical. In closing, Mr. Jones thanked staff and city attorney for their time and effort in this matter. Rosemead resident; Ms. Katrina Sornoso of 3903 North Earle Avenue, wished clarification concerning hotel safety requirements; whereupon, Associate Planner Wilkinson confirmed that all security systems are evaluated and based on recommendations by the Sheriff s Department. - Public hearing was opened to those who wisher( to OPPOSE the application: None. There being no one further wishing to address the coamuission, Chairman Ortiz closed the public hearing segment for this project. (MO) Motion by Vice- Chairman Breen, seconded by Commissioner Alarcbn, to APPROVE and RECOMMEND CITY COUNCIL APPROVAL of Municipal Code Amendment 00- 02, subject to the conditions listed in "Exhibit A." vote results: YES: ORTIZ, BREEN, ALARCON, LOT, RUIZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Ortiz declared said notion dull carried and .so ordered 5. OTI(ERBUSINESS F 1 CASE y NUMl1ERSA HgN'E'RERI:VIEWED BI THE COMMISSlONAS `ONE -'] ^,CRQUP,PRESgNTA170N , A. CONDITIONAL USE PERMIT 90 -506 (EXTENSION) - 8515 East Garvey Arcane, Units DIE A request by Zhining Yan, dba "L & C Fashion Company, to extend a permit allowing the operation of a garment manufacturing business. Presentation: Associate Planner Wilkinson 8n100 Mmrnxs, PACE 3 Staff recommendation: Applicant(s): CONTINUE - - to the August 21 Planning Commission Regular Meeting. In the audience. B. CONDITIONAL USE PERMIT 91 -527 (EXTENSION) - 8515 East Ganep Avenue, Units AIB A request by Gating Jian -Lu, dba "Fortune Fashion," to extend a permit allowing the operation of a garment manufacturing business. Presentation: Associate Planner Wilkinson - Staff recommendation: CONTINUE - - to the August 21 Planning Commission Regular Meeting. Applicant(s): In the audience. C. CONDITIONAL USE PERMIT 95 -651 (EXTENSION) - 8515 East Garver Avenue, Unit C A request by Edward Ho, dba as "Standard Fashion," to extend a permit allowing the operation of a garment manufacturing business. Presentation: Associate Planner Wilkinson Staff recommendation, CONTINUE - - to the August 21 Planning Commission Regular Meeting. Applicant(s): In the audience. D. CONDITIONAL USE PERMIT 97 -712 (EXTENSION} - 2727 Stingle Avenue, Units 718 A request by Ban Voong, dba "Lucky Charm Fashion," to extend a permit allowing the operation of a garment manufacturing business. Presentation: Associate Planner Wilkinson Staff recommendation: CONTINUE - - to the August 21 Planning Commission Regular Meeting. Applicant(s): In the audience. E. CONDITIONAL USE PERMIT 97 -713 (EXTENSION) - 1717 Stingle Avenue, Units 11112 A request by Sany Tan, dba "Sunrise Company," to extend a permit allowing the operation of a garment manufacturing business. Presentation: Associate Planner Wilkinson Staff recommendation: CONTINUE - - to the August 21 Planning Commission Regular Meeting. Applican1(.): In the audience. F. CONDITIONAL USE PERMIT 97 -715 (EXTENSION)- - 1717 Stingle Avenue, Unit 10 A request by Xiang Yu, dba "Xiang Yan Company," to extend a permit allowing the operation of a garment manufacturing business. Presentation: Associate Planner Wilkinson Staff recommendation: CONTINUE - - to the August 21 Planning Commission Regular Meeting. Applicant(s): In the audience. G. CONDITIONAL USE PERMIT 97- 722 (EXTENSIO 2727 Stingle Avenue, Unit 2A A request by Hon Tu Trao, dba "Tran's Precision Automotive," to extend a permit allowing the operation of an automotive repair business. anon T& N=s, PACE a Presentation: Staff recommendation: Associate Planner Wilkinson CONTINUE - - to the AU9Ust 21 Planning Commission Regular Meeting. Applicant(s): In the audience. H. CONDITIONAL USE PERMIT 97- 724 -2727 Stingle Avenue, Unit 2B A request by Sian Chen, dba "Youth CA, Incorporated," to extend a permit allowing the operation of an automotive repair business. Prese'nta6nn: Associate Planner Wilkinson Staff recommendation: CONTINUE - -to the AU9USt 21 Planning Commission Regular Meeting. Applicant(s): In the audience. In consequence of lingering violations, staff and commissioners mlvucate that Conditional Use Permits 90 -506, 91 -517, 95 -651, 97 -712, 97 -713, 97 -715, 97 -711, and 97 -724 (Extensions) be CON7lNUfff to the AUguSl 71, 1000, Planning Commission Regular Meeting. I. CONDITIONAL USE PERMIT 95 -663 (EXTENSION} - 1215 North San Gabriel Boulevard, Unit C A request by Alice Wang, dba "Gateway Education Center," to extend a permit allowing the operation of a tutoring center. Presentation: Assistant Planner Alvarez Staff recommendation: APPROVE- -for a period of three 131 years, subject to the conditions listed in "Exhibit A." Applicant(s): In the audience. Questions from the commissioners to the staff. None. Chairman Ortiz opened the public hearing to those IN FAVOR of this application: None. Public hearing was opened to those who wished to OPPOSE the application: None. There being no one farther wishing to address the conanissionq Chairman Ortiz closed the public hearing segment for this project (MO) Motion by Commissioner Loi, seconded by Commissioner Alarcon, to APPROVE Conditional Use Permit 95 -663 for a period of three (3) years, subject to the conditions listed in "Exhibit A." Vote results: YES: ORTIZ, BREEN, ALARCON, LOI, RUIZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Ortiz declared said notion duly carried and so ordered 8fttoo Mraures, PAGE 5 J. CONDITIONAL USE PERMIT 95 -657 (EXTENSION} -- 8960 East Valley Boulevard A request by Sung Ha, dba "Rosemead Valley Mart," to extend a permit allowing the operation of a service station and food mart. Presentation: Assistant Planner Alvarez Staff recommendation: APPROVE- -tor a period of five (5) years, subject to the conditions listed in "Exhibit A." Applicant(s): In the audience. Questions from the eonrnrissioners to the staff: Whereas, the proposed five (5) year extension was considered an unusually prolonged duration; Commissioner Loi advised a reduction to three (3) years. At which point, the commission concurred. Chairman Ortiz opened the public hearing to those IN FAVOR of this application: None. Public hearing was opened to those who wished to OPPOSE the application: None. There being no one further wishing to address the commission, Chairman Ortiz closed the public hearing segnnent for this project (MO) Motion by Commissioner Loi, seconded by Vice- Chairman Breen, to APPROVE Conditional Use Permit 95 -657 for a period of three 131 years, subject to the conditions listed in "Exhibit A." Vote results: YES: ORTIZ, BREEN, ALARC6N, LOI, RUIZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Ortiz declarer/ said nation duly carried and so ordered 6. CONSENT CALFNDAR A. PC RESOLUTION 00 -27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 00 -802 ALLOWING THE INSTALLATION AND OPERATION OF A TELECOMMUNICATIONS ANTENNAE ( "COXISPRINT PCS ") FOR PROPERTY LOCATED WITHIN THE MEDIUM COMMERCIAL WITH DESIGN OVERLAY (C -3D) ZONING DISTRICT AT 3535 HART AVENUE (APN: 8594 -023 -043). B. PC RESOLUTION 00 -28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 00 -85 ALLOWING THE DESIGN REVIEW OF FACADE IMPROVEMENTS TO AN EXISTING STRUCTURE ("SEIDNER'S COLLISION CENTER ") FOR PROPERTY LOCATED WITHIN THE MEDIUM COMMERCIAL WITH DESIGN OVERLAY (C -3D) ZONING DISTRICT AT 4500 ROSEMEAD BOULEVARD (LPN 8592- 021 -050). Deputy Attorney Stan Price presented the resolution(s) by title only Snroo M!W ES, PACE 6 (MO) Motion by Vice- Chairman Breen, seconded by Commissioner Alarc6n, to waive further reading and adopt said resolution(s). Vote results: YES: ORTIZ, BREEN, ALARCON, LOL RUIZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Ortiz declared said urotion dulr carried and so ordered ORAL COMMUNICATION FROM THE AUDIENCE This is the time for the public to address the planning commission on any matter not presented on the agenda. Rosemead residents, Katrina Sornoso and Nancy Lien of 3903 and 3915 Earle Avenue respectively, presented a neighborhood petition protesting the recurrent disregard by the Empire Center's property owner at 8450 East Valley Boulevard, to allow public traffic to utilize an emergency Earle Avenue access way via an unlocked wrought iron gate. Notwithstanding prior notifications and constant direct communication with the property owner, Associate Planner Wilkinson pledged to make the gate closure a top priority. 8. MATTERS FROM CITY OFFICIALS AND STAFF A. Chairman Ortiz reported an illegal west side carport at 8548 Dorothy Street; upon which, Associate Planner Wilkinson agreed to investigate and update the commission as soon as possible. 9. ADJOURNMENT There being no other business to come before the commission, the meeting was adjourned a11:38 P.M. The nett meeting will occur on MONDAY, AUGUST 21, 2000, at 7.00 P.M. BJ /JW /JA/aer PLANNING COMMISSION MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS PLANNING COMMISSION FROM: BRADFORD JOHNSON, PLANNING DIRECTOR DATE: AUGUST 7, 2000 SUBJECT: MUNICIPAL CODE AMENDMENT 00 -02 BACKGROUND Section 17.112.030(20) of the Rosemead Municipal Code requires hotels and motels to have conditional use permits (CUP) if they are located in the C -3 or M -1 zones. They are permitted uses (not subject to a CUP), if they are located in the Central Business District (CBD) Zone. Section 17.112.030(20) also sets forth development and operational standards to be included as conditions of CUP approval. The CUP requirement was added in April 1987, by Ordinance No. 604, and existing hotels and motels had three years to comply by obtaining a CUP. However, only three of the fourteen hotels and motels in the City have obtained CUP's. Thus, the operational regulations contained n the Zoning Code, are currently in effect for only three motels. Last year, the Greater LA Hotel /Motel Association filed a lawsuit against the City challenging the legality of one of the Code's operational conditions, a provision that prohibited stays in excess of thirty days. Municipal Code Amendment 00 -02 grew out of lawsuit settlement negotiations, but the proposed ordinance constitutes a considerable revision of hotel /motel regulations going well beyond the one issue involved in the Association's lawsuit. nTqCl TRST( The proposed ordinance enacts a new chapter imposing operational regulations that apply to motels and hotels whether or not there is a CUP. These include registration requirements and several other requisites currently in RMC Section 17.112.030(20). The notable changes are: 1. Sale of goods and services from a motel room is prohibited, unless authorized by a CUP. EXHIBIT "B" Rosemead Planning Commission August 7, 2000 Page 2 oft 2. The current absolute prohibition on food preparation equipment is modified to allow drink refrigerators, small microwaves and coffee - makers which are commonly used in the industry. 3. The ordinance prohibits extended occupancies unless authorized pursuant to a CUP. However, the effective date of the restriction, with respect to up to 20% of the units, is delayed until January 1, 2001, to allow the motels/hotels time to obtain authorization for some "extended stay units" pursuant to a CUP. Rosemead's CUP provisions are also modified, the significant changes being: . 1. A CUP will be required for a hotel/motel in the CBD Zone as well as in the C -3 and M -1 Zones. 2. A motel /hotel operator is entitled to obtain extended stay authorization, pursuant to a CUP, for a minimum of twenty percent of the units, and a maximum of thirty percent of the units, provided that the operator makes a payment in lieu of taxes equal to the transient occupancy tax that would otherwise be collected. 3. Installation of a security system approved by the Sheriff's Department, including cameras, alarms and lighting, is required. 4. Motels and hotels in existence as of April 28, 1987 (i.e. existing motels), are exempted from the need to demonstrate economic feasibility and exempted from physical lot size and construction requirements that would necessitate expensive physical modifications. 5. The time for obtaining a CUP is extended to December 31, 2000. Any hotel or motel that fails to apply for and obtain a CUP by then becomes an illegal use and shall be discontinued. RECOMMENDATION Staff recommends that the Planning Commission recommend City Council approval of Municipal Code Amendment 00 -02. EXHIBITS A. Draft Ordinance B. Rosemead Municipal Code Section 17.48.020 C. Rosemead Municipal Code Section 17.111.030(20) . D. Ordinance No. 604 E. List of Rosemead Hotels & Motels ' Draft Ordinance Regarding Motels and Hotels Section 1. Section 17.45.020 (permitted uses in the CBD zone) is amended by deleting from the list of permitted uses the following: "Hotels including accessory commercial uses operated primarily for convenience of hotel Quests" 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 15.40.020. Onerational 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 1. 16.020 of this code. Section 15.40.030. Lettine 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 17.1 12.030(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- Redraft; April 16 2000 1 EXHIBIT "A" 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. 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 incluae 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. ReaisterinR 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 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 Register Inspection Prohibited Authorized representatives of the i ity shaii be allowed to inspect the register required by Section 15.40.070, 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. Hourlv Rates Prohibited No room shall be let for hourly or other Redraft; April 16, 2000 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 ma} 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 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 which 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 15.04.200 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. (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. Redraft; .April 16, 2000 Section 15.40.300. 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 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 than fom 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 fort (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 15.40.030 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 io 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 Redraft; April l6 2000 4 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 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. a. 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. (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. 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 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 required 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. Redraft; .April 16, 2000 5 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 3i, 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. Redraft; April 16, 2000 6 17.48.010 Chapter 17.48 CBD CENTRAL BUSINESS DISTRICT ZONE Sections: 17.48.010 Purpose. 17.48.020 Permitted uses. 17.48.030 Uses permitted with a conditional use permit 17.48.040 Accessory buildings and uses permitted. 17.48.050 Maximum allowable height 17.48.060 Minimum building site and lot width required. 17.48.070 Maximum building site coverage by buildings or structures. 17.48.080 Minimum yards required. 17.48.090 Fences and walls. 17.48.100 Sign requirements. 17.48.110 Parking requirements. 17.48.120 Landscaping requirements. 17.48.130 Nonconforming buildings and uses — Regulations. . 17.48.140 Nonconforming buildings and uses— Registration. 17.48.150 Reconstruction of damaged nonconforming buildings. 17.48.160 Outside display and storage. 17.48.010 Purpose. The purpose of the CBD zone is to desie nate and promote the orderly development of the business district as a central shopping facility for the primary market area. (Prior code § 9112) 17.48.020 Permitted uses. The following uses, within a building: A. Retail stores and personal service estab- lishments, including but not limited to uses of a similar character: Appliance stores, limited to new appliances, except that used appliances taken in trade may be repaired and serviced, provided such used appliance sales do not exceed twenty -five (25) percent of gross floor area or twenty -five (25) percent of total retail area, whichever is less, and shall be located to rear of the main retail area; Art studios; Banks, savings and loan associations, and financial institutions; Barber and beauty shops; Book stores; Clothing and shoe stores; Fabric and yardage stores; Department and variety stores; Drug stores and pharmacies; Dry cleaning stores, including cleaning equipment and facilities, provided that not more than twenty -five (25) percent. of pro- cessing shall be devoted to wholesale work; Employment agencies, Florists; Food stores, bakery shops, delicatessens and markets; Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty -five (25) percent of the gross floor area or twenty -five (25) percent of total retail floor area, whichever is less; Hardware stores; 344 EXHIBIT "B" 17.48.020 Hobby shops; Hotels, including accessory commercial uses operated primarily for convenience of hotel Ruests; Interior decorating shops; Jewelry shops; Launderettes; Music stores; Paint stores; Restaurants and cafes; Take -out food establishments, provided that if food is consumed on the premises, seating facilities shall be of a minor nature; Travel agencies; Pet shops or pet supply stores. B. Professional and business offices includ- ing but not limited to: Accountant; Advertising agency; Architect; Attorney; Auditor; Bookkeeping service; Business consultant; Engineer; Insurance agency; Photographic studio or film pick -up and drop -off point; Real estate broker; Secretarial service; Chiropodist; Chiropractor; Dental office; Optician; Optometrist; Ophthalmologist; Osteopath; Physician; Surgeon; Psychiatrist; X -ray technician. C. Governmental buildings and offices. D. Manufacturing shall not be permitted in this zone, except that manufacturing as an appurtenant function of a permitted use may be permitted, provided the manufacturing operation is of a minor, accessory and limited nature and occupies not more than twenty -five (25) percent of the floor area devoted to the permitted use. (Ord. 761 § 3 (part), 1995; prior code § 9112.1) 17.48.030 uses permitted with a conditional use permit- Chapter 17.112 lists uses that are permitted in various zones pursuant to securing a condi- tional use permit in accordance with the stan- dards and procedures set out in this title. (Ord. 761 § 12, 1995: prior code §§ 9112.1.1, 9112.2) 17.48.040 Accessory buildings and uses permitted. Accessory buildings which are subordinate to and the use of which is incidental to the main building or structure must be located to the rear of the main building or structure located on the same lot or parcel of land. (Prior code § 9112.3) 17.48.050 Maximum allowable height. No height limit required. (Prior code § .9112.4) 17.48.060 Minimum building site and lot width required. The following ret ulations shall not apply to existing lots having less lot area or frontage, provided the lots are under separate ownership on the effective date of this title. 345 17.112.010 Chapter 17.112 CONDITIONAL USE PERMITS Sections: 17.112.010 Issuance requirements generally. 17.112.020 Uses permitted in any zone. 17.112.030 Uses permitted in specific zones. 17.112.040 Modification procedure. 17.112.050 Effective date of conditional use permit 17.112.060 Expiration, modification and revocation of conditional use permit 17.112.070 Permit extension. 17.112.080 Automobile service station standards. 17.112.090 Arcades —Rules and regulations. 17.112.100 Alcoholic beverage sales— Permit issuance conditions. 17.112.010 Issuance requirements generally. Certain uses may be permitted, subject to suitable conditions, in zones in which they are not. otherwise permitted by this title, where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objec- tives of the comprehensive general plan, and are not detrimental to surrounding property. Such conditional use permit may be issued only after a public hearing before the Planning Commission of the city upon application therefor, and the findings by the Planning Commission that the establishment, mainte- nance or operation of the use so applied for will not, under the circumstances of the partic- ular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of .persons residing or working in the neighbor- hood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city. (Prior code § 9180) 17.112.020 .Uses permitted in any zone. The following uses may be permitted in any zone upon the granting of a conditional use permit: 1. Airports or aircraft landing fields; 2. Churches or other places used exclu- sively for religious worship; 1 City, county, state and federal enterpris- es, including buildings, facilities and uses of departments or institutions thereof which are necessary or advantageous to the general wel- fare of the community; 4. Communication equipment buildings; 5. Day nurseries and nursery schools; 6. Education institutions including schools, elementary or high; 7. Establishments or enterprises involving large assemblage of people or automobiles, including: amusement parks, circuses, cami- vals, expositions, fair grounds, race tracks, recreational and sport centers; 8. Rest homes; 9. Institutions of a philanthropic or elee- mosynary nature; 10. Large scale neighborhood housing pro- jects having a minimum gross area of twenp (20) acres; 11. Libraries and museums; 414 EXHIBIT liC" 17.1 12.020 12. Natural resources development together with the necessary buildings, apparatus or appurtenances incident thereto; 13. Parks, playgrounds and community buildings; 14.. Public utility or public service build- ings, electrical distribution substations, and related structures and uses; 15. Professional radio, microwave and tele- vision transmitters and broadcasting stations; 76. Real estate tract offices and accessory signs; 17. Golf courses and country clubs; 18. Storage; 19. Wholesale nurseries; 20. The installation and/or use of equipment utilizing cogeneration. ( "Cogeneration" means the sequential use of energy for the production of electrical and useful thermal use followed by power production or the reverse); 21. Hospitals, sanitariums and ancillary uses; 22. Medical clinics for the treatment of contagious diseases, mental illnesses, or sub- stance abuse (liquor, drugs, etc.) cases. (Amended during 1999 codification; prior code § 9181) 17.112.030 Uses permitted in specific zones. The following uses may be permitted in the zones herein indicated upon the granting of a conditional use permit: 1. Kennels, animal raising and training, animal hospitals in M zones. Such conditional use permit shall include conditions that all facilities shall be confined to the parcel of land on which the use is permitted; no facility shall be so maintained as to constitute a nui- sance or to be detrimental to the health or safety of persons living in the immediate vicinity; all facilities shall be wholly enclosed within a building, except outdoor cages, runs or exercise areas, which shall be completely enclosed by a six -foot masonry wall, and such other conditions as the Planning Commission may impose; 2. Dairies and livestock feed yards in the M -1 zone; 3. Equestrian establishments, stables or riding academies, schools or amusements in the C -3 zone; 4. Trailer parks in the C -3 zone; 5. Billboards in the C -3, C -M and M zones; 6. Service stations in all C zones, subject to the standards provided in Sections 17.111080 through 17.112.1 OD: 7. Sale of used equipment and machinery in the C -3 and M zones; 8. Public weighing scales in the M -1 zone; 9. Any establishment having an off -sale license for alcoholic beverages in the C -1, C -3, CBD and M zones and any establishment having an on -sale license for alcoholic bever- ages in the C -3, CBD and M zones, 10. Retail establishments in a proposed building in any zone with an overlay civic center (C -C) zone; 11. Antique stores in the C -I and C -3 zones shall include the following standards and any other conditions deemed necessaq to protect the health, safety and welfare of the general public in considering conditional use permit applications for antique stores. a. Sale of Antiques. i. Only the sale of genuine antiques as defined in Section 17.0;.020 shall be permit- ted. 415 17.112.030 ii. Sale, display and storage of antique merchandise shall be conducted wholly within an enclosed building. iii. Any repair, refurbishing or painting of antique merchandise shall be located to rear of retail display area. b. Signs Permitted. Signs permitted shall be as provided in Chapter 17.104, except that no price, sale or name signs, banners, or flags made of cloth, paper, wood, plastic or other similar material shall be displayed in or at- . . tacked to store windows or doors; 12. Billboards in excess of three hundred (300) square feet, or in excess of twenty -five (25) feet in length or twelve (12) feet in height, but only if located in the C -3 or M zones. The billboards shall otherwise comply with all regulations set forth in Chapter 17.104; 13. Lumberyards, brick and file yards in C -3 zones; 14. Convenience markets in C -3 or M -1 zones; 15. Portable, nonresidential trailers meeting the definition requirements set forth in Section 17.12320(B)(1) in the C -1, C -3, CBD, P -D, and M -1 zones for a period not to exceed one year. Provided that the Planning Commission may extend the period for not more than one additional year in case of hardships or other good causes; 16. Theatres in C -3 zone; 17. Lodgehalls in P -O zone; 18. Truck catering service in C -3 zone; 19. Arcades in CBD, C -3 and M -1 zone; 20. Hotels and motels in the C -3 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 thou- sand (40,000) square feet. b. Lot R'idth. Each lot shall have a mini- mum frontaee 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 vards, when abut- ting residentially zoned or used property, shall be not less than ten feet from property line. f. The owner and/or operator of such hotel or motel shall not permit any person as an occupant in such a hotel or motel for a period in excess of thirty (30) consecutive calendar days, except for one permitted manager's unit. 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 multi- family (R -3) standards as set forth in this code. i. The owner and/or operator of any such hotel or motel shall provide daily cleaning service for each room in such hotel or motel. 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. (Noncommercial) recre- ational vehicles or motor homes shall be per- mitted to park in such lots, provided that at least one designated recreational vehicle park- ing space, which is a minimum of ten feet by 416 17. 112.030 thin (30) feet, is provided for each twenty- five (25) rooms in the hotel or motel complex. 1. No portable refrigerators, microwaves or other appliances necessary for the prepara- tion of food shall be permitted in any hotel or motel room. 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 docu- ments. The study shall include data to support a finding that there is a demonstrated need for the project and that the project will economi- cally benefit the community as a whole. n. Conditions of Approval. A conditional use permit for any hotel or motel may be authorized by the Planning Commission upon its making the following findings: i. That the conditional use permit applied for is authorized by the provisions of this title; and ii. That the granting of such conditional use permit will not adversely affect the estab- lished character of the surrounding neighbor- hood or be injurious to the property or im- provements in such vicinity and zone in which the property is located; and iii. That the establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the partic- ular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighbor- hood of such use and will not, under the cir- cumstances of the particular case, be detrimen- tal to the public welfare or injurious to proper- ty or improvements in the neighborhood; and iv. That the granting of such conditional use permit will not adversely affect the Gener- al Plan of the city. o. Registration Required. Every person conducting any motel, lodging house or hotel in the city shall at all times keep and maintain therein a register, in which shall be inscribed with ink or indelible pencil, the name and home street address of each and every guest or person renting or occupying a room therein. The register shall also contain the motor vehi- cle make, model, year and license plate num- ber if the guest arrives by motor vehicle. This requirement shall not apply to single- family or multifamily residences. The register shall be signed by the person renting or occupying a room, and the proprietor of the motel, lodging house, or hotel or his or her agents shall there- upon write opposite such name or names so registered the number of each room assigned to or occupied by each such guest, together with the date and time when such room is rented; and until all of such entries have been made in the register, no such agent shall be suffered or permitted to occupy privately any room in such house. When the occupants of each room so rented quit and surrender the room, it shall be the further duty of the pro- prietor or his or her agent to enter the date and time thereof in the register opposite the name of such occupants. p. Alterations Prohibited. Erasures or alter- ations on the register required by subdivision o of this subsection shall not be permitted or made for any purpose, and it shall be unlawful to erase a name or names or address or ad- dresses or to permit such an erasure. q. Inspection of Registers Authorized When. Every peace officer having jurisdiction- al authority within the city and any Los An- geles County Sheriffs Department License Investigator shall have access to and right to inspect at any time any register kept by any 417 17.1 12.030 hotel pursuant to subdivision o of this subsec- tion. r. Registering under Fictitious Name Pro- hibited. No person shall write or cause to be written, or knowingly permit to be written in am- register in any motel, lodging house or hotel, any other or different name or designa- tion than the we name of the person register - ing therein, or the name by which the person is generally known. s. Register to be Kept for Three Years. Every person who ovens or operates a hotel, lodging house or motel shall keep the register, which is required by subdivision o of this subsection, available and in good condition for a period of not less than three years from the entry of each name and address of each guest. t. Preventing Register Inspection Prohibit- ed. Every person, including but not limited to the operator or owner of any hotel, lodging house or motel who denies or prevents, ob- structs or attempts to deny, prevent or ob- struct, any peace officer having jurisdictional authority within the city or Los Angeles Coun- ty Sheriffs Department License Investigator in the examination of any register referred to in this subsection is guilty of a misdemeanor punishable by not more than one year impris- onment in the county jail or by a fine of not exceeding one thousand dollars (51,000.00), or both such fine and imprisonment. u. Repeated use of Room Prohibited. No person shall let any room for sleeping or lodg- ing purposes in any motel, lodging house or hotel in the city more than once between six a.m. and 5:59 p.m. and no more than once between six p.m. and five 5:59 a.m. of the following morning. v. Hourly Rates Prohibited. No person conducting any hotel, lodging house, motel or other public lodging or agent thereof shall let any room for hourly or other shoe -time rates or in any way advertise that any room is avail- able at hourly or other short -time rates. w. Penalties for Violation of Public Loda ing Regulations. Except as otherwise provided herein, violation of the prohibited acts and or mandatory duties set forth in this subsection shall constitute separate misdemeanor offenses, punishable by not more than one year impris- onment in the county jail or by a fine of not exceeding one thousand dollars ($1,000.00), or both such fine and imprisonment; 21. Ambulance and emergency vehicle storage and dispatching businesses in the M -1 zone subject to complying with parking, noise, and landscaping sections of this code; 22. Garment manufacturing, processing, or assembling, including sewing and cutting operations in the M -1 zone; 23. Auto auctions in the C -3 zone; 24. Minimalls and other similar develop- ments meeting the definition set forth in Sec- tion 17.04.020 and located in the C -1, C -3, CBD, M -1 and P -D zones subject to meeting the following requirements: a. Back -up aisles shall be used exclusively by the parking stalls in which they serve. No stacking lanes, access driveways or other similar features shall encroach into required back -up aisles. Back -up aisles shall not be located in such a manner so as to interfere with the ease of ingress and egress to the site. b. At intersecting streets, a corner setback for all structures and parking areas shall be a minimum of ten feet as measured from both intersecting property lines. c. Architecture of the development shall be consistent with and/or complementary to the surrounding neighborhood to assure the neighborhood's integrity and the character of the community. 418 ORDINANCE NO. 604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING HOTEL AND MOTEL REGULATIONS. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Section 9111.1B (24) of Part XI of the Rosemead Municipal Code is hereby deleted. Section 2 . Section 9111.1B (20b) of Part XI of the Rosemead Municipal Code is hereby deleted. Section 3 . Section 9181.1 of Part XXV of the Rosemead Municipal Code is hereby amended by adding subsection (30) thereto to read as follows: (30) Hotels and motels in the C-3 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 percent (.40%) of the total lot area. (d) Landscaping - A minimum of ten percent (107) 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 (10) feet from property line. (f) The owner and /or operator of such hotel or motel shall not permit any person as an occupant in such a hotel or motel for a period in excess of thirty (30) consecutive calendar days, except for one (1) permitted manager's unit; and (g) The owner and /or operator of any such hotel or motel shall not permit any hotel or motel room to be rented more than twice in any consecutive twenty -four (24) hour period; and (h) The owner and /or operator of any such hotel or motel shall have and maintain only one (1) meter for each utility service to the entire use; (i) A hotel or motel may provide manager's quarters not to exceed one (1) dwelling unit, which complies with the minimum multi - family (R -3) standards as set forth in this Code. (j) The owner and /or operator of any such hotel or motel shall provide daily room cleaning service for each room in such hotel or motel; (k) Every hotel and motel shall obtain and keep records of the name and address of guests, the make, year and license of the guest's vehicle, and the state in which such vehicle is licensed. (1) 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. (m) 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. (Non - commercial) recreational vehicles or motor homes shall be permitted to park in such lots, provided that at least one (1) designated recreational vehicle parking space, which is a minimum of ten (10) feet by thirty (30) feet, is provided for each twenty -five (25) rooms in the hotel or motel complex. EXHIBIT D (N) That no portable refrigerators, microwaves or other appliances necessary for the preparation of food be permitted in any hotel or motel room. (0) That an Economic Feasibility Study 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. (P) Conditions of Appro - A conditional use permit for any hotel /motel may be authorized by the Planning Commission upon its making the following findings: (a) That the conditional use permit applied for is authorized by the provisions of this chapter; (b) That the granting of such conditional use permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. (c) That the establishment, maintenance, or conduct of the use for which the conditional use permit is sought will not, under the particular case, he detrimental to the health, safety, morals, comfort, convenience, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare or . injurious to property or improvements in the neighborhood. - (d) That the granting of such conditional use permit will not adversely affect the General Plan of the City. Section 4 . The City Clerk will certify to the passage and adoption of this ordinance and shall cause the same to be posted in the manner required by law. 1987. PASSED, APPROVED and ADOPTED this 28th day of Anril MAYOR \ ATTEST: i City Clerk Cite of Rosemead List of Existing Hotel & Motels LOCATION BUSINESS NAME i j BUSINESS OWNER CONDITIONAL USE PERMT 3327 Del Mar Avenue Virginia Motel j G.I. Patel (None 8463 E. Garvey Avenue •: Niceday Inn I. Jung Chen j None 8 621 E. Garvey Avenue Flamingo inn Motel j Jayanti Desai None 8832 Glendon Way I Rosemead Inn j Tai Ho None 888 Montebe Blvd. Rosemead Sheraton Hotel Ying Hoang j None . 3633 Rosemead Blvd. :Ramada Inn 1 Victor Van j None 705 N. San Ga briel Blvd. j Holiday Inn Express -1 Tom Wu j CUP 88 -431 1001 N. San Gabriel Blvd. j Motel 6, ;x196 j Motel 6 j None 2146 N. San Gabri Blvd. i Friendly Inn Li Chen j CUP 88 -447 2618 N. San Gabriel Blvd. 1 Royale Inn j David Chiang 1 None 2619 N. S an Ga briel Blvd. Motel VIP j Helen Chang CUP 00 -798 3029 N. San Gabri Blvd. Gales Motel j Kantilal K. Bhakta j None 8711 E. Valley Blvd. Golden West Motel Hari Alipura j None 8714 E. Valley Blvd. Best Inn 'Hung Chen CUP 88 -417 EXHIBIT "E"