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HomeMy WebLinkAboutNS-2397 - Extending Prohibition on the Conversion or Establishment of Any New Residential Hotel20'1 ORDINANCE NO. NS- 2397 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE PROHIBITION ON 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 Aha Municipal Code ("Code") that regulate hotels and motels, including but not limited to sections of the Code regulating zoning and land uses for 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 from 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. For this reason, on June 7, 1999, the City Council adopted Ordinance No. NS-2393 as an emergency ordinance ("the emergency ordinance") which by its own terms expires 45 days from the date of its adoption, unless otherwise extended. 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 held a public hearing, considered all of the written and oral testimony offered concerning whether to extend the emergency ordinance, including extensive studies undertaken by other public entities. 5. Without extension of the emergency 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 concems. 2O2 ORDINANCE NO. NS-2397 6. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has directed staffto expeditiously pursue appropriate revisions to the Code. Since the adoption of the emergency ordinance, the Planning Department has undertaken extensive study of other public entities regulations of residential hotels for possible revisions to the Code. 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 an ordinance extending the emergency 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 an ordinance extending the emergency 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. ORDINANCE NO. NS-2397 203 Section 2: Severability. If any section, subsection, sentence~ clause~phrase or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council her~eby declares that it would have passed and adopted this ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 3: Expiration. This ordinance shall be of no further force and effect 10 months and 15 days from the date of its adoption, unless extended by further action of the City Council. Section 4: 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. Section 5: Emergency Measure. This ordinance is introduced, passed and adopted 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. 204 ORDINANCE NO. NS-2397 ADOPTED this 19th day of July, 1999. ATTEST: Cle~k ofihe CounCii M~yor COUNCILMEMBERS: Pulido ~ya Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Absent APPROVED AS TO FORM: Joseph W. Fletcher, City Attomey A~,sistant~it~y CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. /v'~ to b~ 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 6f the'City' of Santa Ana. Date:7/~:>/q,~/ / / ~~u~n.~ City of Santa Aha