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HomeMy WebLinkAboutNS-2471 - Relating to the Establishment, Operation and Amortization of Long-Term Stay Business or TransientORDINANCE NO. NS -2471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DELETING Section 8-120, ADDING SectionS 41-54, 41-139 AND 41-690.1 THROUGH 41-690.4 AND AMENDING SectionS 41-77 AND 41-121 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT, OPERATION AND AMORTIZATION OF LONG-TERM STAY BUSINESS OR TRANSIENT/RESIDENTIAL HOTELS IN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: On June 7, 1999, the City Council adopted Ordinance No. NS-2393 as an emergency ordinance, which banned establishment of new transient/residential hotels in the City. On July 19, 1999, the City Council adopted Ordinance No. NS-2397 as an emergency ordinance to extend the provisions of Ordinance No. NS-2393. Ordinance No. NS-2397 by its own terms expired 10 months, 15 days from the date of its adoption, unless otherwise extended. On May 16, 2000, the City Council adopted Ordinance No. NS-2429 extending the moratorium for an additional one year. In the year prior to the adoption of Ordinance No. NS-2393 the Police Department has shown that transient/residential hotel uses, as defined herein, experience a significant higher numbers of calls for service, compared to those facilities which are not transient/residential hotels. Subsequent police data, covering the two years since the adoption of this Ordinance, have confirmed this fact. Reports and news articles have demonstrated the deleterious effect that living in such hotels have had on children. The City's zoning code does not differentiate currently between hotels catering to long-term stay business guests or transient/residential hotels. The City Council desires to update the zoning code to provide, in limited circumstances and on a case-by-case basis, for the possible establishment of new long-term stay business hotels in the City catering to guests for longer than a few days but for up to a month or more, together with design and development standards for such hotels. Any existing hotels in the City that would qualify as long-term stay business hotels would be unaffected by this ordinance, except as provided pursuant to the existing standards of Article VI of Chapter 41 of the Code, any such existing hotel would have to obtain a CUP and be included in a SD or SP zoning district before Ordinance No. NS-2471 Page 1 of 10 enlargement, major rehabilitation, or if totally closed for business for more than one year period. Thirteen (13) motels and hotels currently exist in the City which serve as the primary residence of a large percentage of their guests. A list of these thirteen (13) facilities is attached to this ordinance as Exhibit 1 and incorporated herein by this reference as though fully set forth. These hotels and motels lack amenities necessary for the health and safety of families and particularly children. The City Council also desires to update the zoning code to provide a definition of transient/residential hotels, and to ensure that such hotels are permitted only when they provide appropriate amenities for children and families, such as open space, laundry rooms, landscaping and kitchens (as defined in section 310.7.2 of the California Building Code). The City Council desires to have all existing transient/residential hotels either obtain a CUP and be added to a SD or SP zoning district, or reduce, over a three year period, the number of long-term guests to below twenty- five percent (25%) of the total hotel guests, so that existing long-term guests will not be displaced but rather have an extended opportunity to make plans to leave of their own accord. The City Council also desires to include the possibility of an extension of this three (3) year period within which to come into compliance for special cases. The City Council finds that the three (3) year amortization period set forth in this Ordinance is appropriate for the following reasons: (1) the hotel occupancy rate for 2000 in Orange County increased by 8.2% to 73.9%, with the highest occupancy rates, 75%, in the airport area of the County (Orange County Register, February 28, 2001), (2) as set forth in part in the Motel Families Report prepared by the Orange County Social Services Agency, there are numerous programs available in the County for guests staying at transient/residential hotels, (3) according to the 2000 Orange County Apartment Survey, compiled by Research Network, Ltd. and the Real Estate & Land Use Institute of California State Fullerton, 13% of Orange County apartment complexes offered incentives for new tenants and over 7,700 apartments were in the planning states, permitted or being constructed in the first quarter of 2000, and (4) this Ordinance provides a case-by-case opportunity for any aggrieved owner of a property to be amortized to seek an extension. The reports referenced above are incorporated herein by this reference as though fully set forth. Nothing herein is intended, nor shall it be interpreted, to conflict with state law on the rehabilitation of "residential hotels," set forth at California Health & Safety Code section 50519 et seq. Ordinance No. NS-2471 Page 2 of 10 The Planning Commission has held study sessions on this ordinance, and following a duly noticed public hearing held on April 23, 2001, recommended that the city council adopt the same. Section 2: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR")§ 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR§ 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3: Section 8-120, "Efficiency dwelling units" is deleted in its entirety from the Code for the reason that after the amendment necessitated by this ordinance the remainder of this section will exactly tract the California Building Code. For tracking purposes only, that provision in its current form is reprinted below, with strikeout showing the portion that is not already incorporated by law as part of the California Building Code: Sec. 8-120. Efficiency dwelling units (Volume '1, Section 310.7). Section 310.7 of Volume 1 of the building code is amended to read as follows: 310.7 Efficiency Dwelling Units. An efficiency dwelling unit shall conform to the requirements of the code except as herein provided: 1. The unit shall have a living room of not less than 220 square feet (20 4m 2) of superficial floor area; c×cc~t *~'"* ~ ...... ~""~" · . .......... , .... =.~ rccm cccupcnc:,' hctcl gra ~- ............~. ................... .... ;, .... ;¢,, ,4 .... , ..... ~ "'"" An additional 100 square feet (9.3m2 ) of Ordinance No. NS-2471 Page 3 of 10 superficial floor area shall be provided for each occupant of such unit in excess of two. 2. The unit shall be provided with a separate closet. 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762mm) in front. Light and ventilation conforming to this code shall be provided. 4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. Section 4: Section 41-54, "Motel," is deleted in its entirety from the Code. For tracking purposes only, that provision in its current form is reprinted below, with strikeout: Section 5: Section 41-54 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows (new language in bold): Sec. 41-54. Long-Term Stay Business Hotel A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered an long-term stay business hotel. No long-term stay business hotel may be established in the City after July 1, 2001 except as permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Long- term stay business hotels shall not include Transient/Residential Hotels. Section 6: Section 41-139 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows (new language in bold): Sec. 41-139. Transient/Residential Hotel· A transient/residential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another, primary residence, the guests at a transient/residential hotel utilize it as their primary residence (for purposes Ordinance No. NS-2471 Page 4 of 10 of this section the term "primary residence" shall have the same definition as under California Health & Safety Code section 50519(b)(1)). Any hotel/motel that rents, lets or otherwise provides for compensation, twenty- five percent (25%) 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 day consecutive period shall be deemed to be a transient/residential hotel. No transient/residential hotel may be established in the City after June 7, 1999 unless (a) it was existing on June 7, 1999, and (b) it is permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Section 7: Section 41.77 of the Santa Ana Municipal Code is amended to read as follows (new language in bold, repealed language in strikeout): Sec. 41-77. Hotel/Motel. A hotel/motel is any building, or portion of a building, other than a care home e~ m ..... which is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such hotel/motel shall containing more than five (5) guestroomsv. O; ............ ~ ~ ................... hotel/motel that contains a kitchen (as defined in section 310.7(3) of the California Building Code) in guest rooms shall be deemed to be an long- term stay business hotel. A hotel/motel that meets the criteria of section 41-139 of this Code shall be deemed to be a transien~residential hotel. Section 8: Sections 41-690.1 through 41-690.4 are added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows (new language in bold): Sec. 41-690.1. Hotels. Amortization of Non-Conforming Transient/residential Any use of real property existing on June 7, 1999, which is a transient/residential hotel as defined in section 41-139 of this Code, but which was constructed, operated, and maintained in compliance with all regulations and design and development standards adopted by the City, shall be regarded as a nonconforming use which may be continued until July 1, 2004. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved in accordance with the provisions of section 41-690.4 below. (a) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a Ordinance No. NS-2471 Page 5 of 10 transient/residential hotel for a continuous period of one (1) year shall result in a loss of legal nonconforming status of such use. (b) Amortization - annexed property. Any transient/residential hotel which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the regulations and design and development standards for transient/residential hotels shall be terminated by July 1, 2004 or within one (1) year of the date of annexation, whichever comes later, unless an extension of time has been approved in accordance with the provisions of section 41-690.4 Sec. 41-690.2. Reducing long-term occupancies in nonconforming Transient/residential Hotels. (a) Nonconforming transient/residential hotels with existing long- term occupancies shall notify such guests of the pertinent provisions of this chapter. Such notice shall be provided to current long-term guests at least thirty (30) days prior to January 1, 2002 and to new long-term guests established after July 1, 200'1 at the time of occupancy. (b) The provisions of this section shall not be interpreted nor used to avoid the application of any rights of occupants pursuant to California Civil Code section 1940.1. (c) Nonconforming transient/residential hotels shall not re-rent units for subsequent long-term occupancies after such units are vacated by long-term guests after July 1, 2001, unless and until either: (i) The hotel/motel no longer meets the definition of a transient/residential hotel; or (ii) The transient/residential hotel has been placed in a SP (Specific Plan) or SD (Specific Development) district and has obtained a conditional use permit. (d) For the purposes of this section, the phrase "long-term guest" or "long term occupancy" shall be a guest or occupancy with a stay exceeding twenty-eight (28) consecutive days or twenty-eight (28) days in any sixty (60) consecutive day period. Sec. 41-690.3 Annual Self-Audit of all hotels/motels. (a) The operator or a hotel/motel shall keep written records of the name and permanent address of all persons renting a unit, together Ordinance No. NS-2471 Page 6 of 10 with the dates of occupancy, length of stay and room rate. (b) Annually, commencing January 31, 2001, each hotel/motel shall submit to the City Planning and Building Agency a report or statement of the average number of long-term guests at the hotel/motel on the following four days of the prior year: January 1, April 1, June 1, and September 1. (c) Each self-audit report or statement shall be subject to audit and verification by the city or its authorized agents, who are hereby authorized to examine, audit and inspect such books and records as may be necessary in their judgment to verity and determine the accuracy of the self-audit report or statement. The self-audit report or statement not be binding nor conclusive, nor shall the filing or failure to file such report or statement preclude the city from conducting an audit. (d) Every operator of a hotel/motel shall keep and preserve for a period of not less than four (4) years all records as may be necessary to determine the percentage of long-term guests at the hotel/motel, which records shall be made available to the city or its agents at all reasonable times for purposes of conducting an audit. Each operator shall permit an examination of such books and records at a location within the city. In the event such books and records cannot be made available within the city, the operator shall reimburse the city for the cost of all transportation, lodging, meals, portal-to-portal travel time and other incidental costs reasonably incurred by the city in conducting the audit. Appropriately identified confidential or proprietary information furnished to the city as part of an audit shall remain confidential, unless they are furnished to the city as part of an application pursuant to section 41-690.4, civil action or criminal prosecution. (e) For the purposes of this section, the phrase "long-term guest" or "long term occupancy" shall be a guest or occupancy with a stay exceeding twenty-eight (28) consecutive days or twenty-eight (28) days in any sixty (60) consecutive day period. Sec. 41-690.4 Extension Of Time For Termination Of Nonconforming Use. The owner or operator of a nonconforming trensientJresidential hotel as defined in section 41-139 may apply under the provisions of this section for a one-time only extension of time within which to terminate the nonconforming use. (a) Time and manner of application. An application for an extension of time within which to terminate a use made Ordinance No. NS-2471 Page 7 of 10 nonconforming by the provisions of section 41-139, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the Planning and Building Agency at least six (6) months but no more than eighteen (18) months prior to the time established in section 41- 690.1 for termination of such use. (b) Content of application; fees. The application shall fully state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council. (c) Hearing procedure. The Planning Commission shall hear the application at a duly noticed public hearing to be held not later than 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. (d) Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the Planning Commission makes all of the following findings or such other findings as are required by law: (1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to a conforming use; and such investment was made prior to July 1, 2001; and (2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and (3) The applicant has made good faith efforts to recoup the investment; and (4) Despite the applicant's good faith efforts, significant numbers of long-term hotel guests who have continuously been hotel guests prior to July 1, 2001, have not checked out. Ordinance No. NS-2471 Page 8 of 10 (e) Appeal of Decision. Any interested person may appeal the decision approving or denying such an extension pursuant to the provisions of Chapter 3 of this Code. The decision rendered by means of the provisions of Chapter 3 shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6. Section 10: The design and development standards attached to this Ordinance for permitted residential/transient hotels are incorporated herein by this reference as though fully set forth, and shall apply as guidelines to any proposed transientJresidential hotels seeking a conditional use permit, and may be amended from time to time by further ordinance or resolution of the City Council. The Council may additionally adopt by resolution design and development standards as guidelines for proposed new hotel/motels and/or long term stay business hotels. Section 11: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Nothing herein is intended, nor shall it be interpreted, to conflict with state law, specifically Health & Safety Code section 50519 et seq. ADOPTED this 21st day of May, 2001. ATTEST: Raffia E. l:-Iealy ' Clerk of the Council Miguel A. Pulido ~,,, \ Mayor Ordinance No. NS-2471 Page 9 of 10 COUNCILMEMBERS: Pulido Absent McGuigan Aye Alvarez Aye Bist Aye Christy Aye Franklin Absent Solorio Aye APPROVED AS TO FORM: Joseph W. Fletcher, Cit.,y Attorney : B,,e//n~m/i n Kau f~a n'""' :h~f Assistant City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2471 to be the original ordinance adopted by the City Council of the City of Santa Ana on May 21, 2001; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerl~f the Council City of Santa Ana Ordinance No. NS-2471 Page 10 of 10 ~.. Transient/residential Hotels The following design standards will be used as guidelines for the conversion to transient/residential hotels. DESIGN AND DEVELOPMENT STANDARDS 1. Pedestrian Walkways. A pedestrian walkway with a minimum dimension of four (4) feet in width exclusive of vehicle overhang shall be provided. A pedestrian walkway needs to connect a pedestrian from the street to the main entry and from the building to any on-site amenities. 2. Walls/Fences. A six (6)-foot high minimum solid decorative masonry wall designed in the same manner as the proposed building shall be provided along the side and rear property lines, except at reciprocal driveways and parking areas. Said wall shall not exceed thirty-six (36) inches in height within twenty (20) feet of the property line abutting a street. 3. Oven Svace. A minimum of four hundred (400) square feet of common open space shall be provided, exclusive of required setbacks. If the project exceeds 30 units, the common open space shall be increased by ten (10) square feet per unit above 30 units. Common open space shall consist of a minimum ~,. of fifty percent ground level open space that is sod-covered or landscaped with a minimum dimension of twenty feet in each direction. The remaining may consist of amenities listed below. 4. Outdoor Amenities. Outdoor amenities, which may include spa, pool, Bar-B-Q pit, children's playground, sandbox and benches. Any combination of at least three of the above listed amenities needs to be integrated into the site design. 5. Landscayinu Standards. All areas not used for buildings and parking shall be landscaped according to the commercial landscape standards. 6. Kitchen. Each guest room shall have a kitchen. Such kitchen shall include a kitchen sink with disposal, cooking appliances, refrigeration facilities, dry food and utensil storage and a food preparation area having a clear working space of not less than 30 inches (762mm). Light and ventilation conforming to the Uniform Building Code shall be provided. '~.• ZOA 99-04 EXHIBIT 6 7. Laundry Room. Laundry room facility shall include one washer and one dryer for each 20 units or fractions thereof. 8. Minimum Room Size. Each guest room shall be a minimum of two hundred and twenty (220) square feet. 9. Prewirinsr Rooms. Each guest room shall be pre-wired with telephone, cable television service. w.