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HomeMy WebLinkAboutNS-2393 - Temporarily Prohibiting the Conversion or Establishment of Any New Residential Hotel183 ORDINANCE NO. NS- 2 3 9 3 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA TEMPORARILY PROHIBITING THE CONVERSION OR ESTABLISHMENT OF ANY NEW RESIDENTIAL HOTEL The City Council of the City of Santa Ana finds, determines and declares as follows: 1. Provisions of Chapter 41 of the Santa Ana Municipal Code ("Code") that regulate all zoning and land uses, including but not limited to sections of the Code regulating hotels and motels, need review, study and possible revision in order to respond to recent concerns relating to impacts created by residential hotels. The current Code fails to provide for protection fi.om the potential adverse impacts of such residential hotels, including parking, landscaping, appropriate use districts, development standards and security issues, and fail to address the needs of the City and its residents today and in the future. 2. Given these concerns, the Planning Department has requested that a review be undertaken of the current provisions of Chapter 41 of the Code as it relates to those facilities that may be defined as residential hotels. The Planning Department has expressed concerns that the aforementioned uses are not provided for in the current Code and significantly contribute to crime, health and safety concerns due to unregulated, long term occupancies. 3. The Police Department has also expressed concern that the current Code does not regulate residential hotels. Within the last year the Police Department has shown that these uses experience a significant higher numbers of calls for service, compared to those facilities which would not be residential hotels as defined in this ordinance. 4. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. 5. Without adoption of this ordinance, properties in the City could quickly convert or establish themselves as residential hotels, despite the fact that the City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revised Code sections to address these concerns. 6. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has directed staff to expeditiously pursue appropriate revisions to the Code. 184 7. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any Code amendments, general plan amendments or specific plan amendments which may be adopted by the City as a result of the studies, in that new or converted residential hotels within the City may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plan or specific plans. Moreover, permitting residential hotels to be established during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. 8. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such an urgency are set forth in paragraphs 1-7, inclusive of this ordinance. 9. The City Council further finds that this is a matter of City-wide importance and is not directed towards nor targeted at any particular parcel of property or proposed use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Prohibition. No residential hotel shall be established nor shall any existing hotel or motel be converted to a residential hotel in the City of Santa Ana. A residential hotel shall be defined as any hotel or motel that rents, lets, or otherwise provides for compensation, 25 percent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, or other business entity for occupancy which exceeds 28 consecutive days or 28 days in any 60 consecutive day period. Section 2: Expiration. This ordinance shall be of no further force and effect 45 days from the date of its adoption, unless extended by further action of the City Council. Section 3: Publication. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. 2 185 Section 4: Emergency Measure. This ordinance is introduced, pagSed and fid6Pted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and Welfare. The reasons for the emergency are set forth at paragraphs 1 through 9, inclusive of this ordinance. ADOPTED this 7t.h day of June, 1999. ATTEST: Mi~A. Pultc~ ' ~'~ - Mayor COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin ABsent McGuigan Moreno APPROVED AS TO FORM: · CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. ~ to be the original ordinance adopted by the City Council of the City of Santa Ana on &/-7 / q q ; and that said ordinance was published in accordance with the Charter otf th~ (~it~ of Santa Ana. Date: / Clerk of the Coun ' (/ City of Santa Ana~