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5755ORDINANCE NO. 5755 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE DEFINITIONS OF "HOTEL" AND "MOTEL" AS SET FORTH IN SECTIONS 18.01.090 AND 18.01.140, RESPECTIVELY, OF CHAPTER 1 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, hotel and motel facilities are designed, intended and generally occupied by persons for short durations ranging from one day and usually not exceeding thirty days in length (hereinafter referred to sometimes as "short-term" occupancies); and WHEREAS, the required amenities, construction codes and zoning restrictions applicable to hotels and motels are designed to protect the public health, safety and welfare with regard to such short-term occupancies; and WHEREAS, apartment houses are designed, intended and generally occupied by persons for periods ranging from one month to unlimited duration (hereinafter referred to as "long-term" tenancies); and WHEREAS, the required amenities, construction codes and zoning restrictions for apartment houses are designed to protect the public health, safety and general welfare with regard to such long-term tenancies; and WHEREAS, the parking requirements for apartment complexes are substantially higher than parking requirements for hotels and motels; and WHEREAS, the maximum density for apartments allowed by the City's current zoning standards for property zoned RM -1200, which is typically the City's most intense zone, would permit up to 36 dwelling units per acre, a density which can only be achieved if development standards such as recreational leisure area, landscaped setbacks, minimum unit sizes, parking, and similar considerations can be met in order to make the units livable; and WHEREAS, if hotels and motels were considered apartment complexes, they would have a density far exceeding the maximum number of units per acre permitted by the City's zoning standards for apartments and would not comply with the City's minimum development standards; and WHEREAS, hotel and motel facilities are approved by the City of Anaheim as temporary guest rooms for sojourners and travelers needing temporary lodging while away from home and visiting the City of Anaheim and surrounding locales, and are neither approved, intended nor authorized by the City as long-term housing for dwellers, or lodgings to be occupied predominantly by persons needing or seeking long-term residency; and WHEREAS, hotel and motel facilities, as temporary guest facilities, often fail to contain and provide the amenities required for, or generally provided in, apartment houses for long-term tenants, such as kitchens, stoves, sinks, garbage disposal units, provisions for storage, adequate parking, yard areas and open space; and WHEREAS, the use of hotel and motel facilities primarily for long term tenancies does not resolve or eliminate the health and safety problems and concerns associated with the use of such facilities as de facto apartment houses, which Police Department and Code Enforcement staff have identified as follows: (a) tenants improperly and illegally using the guest rooms for cooking purposes without the benefit of proper appliances and ventilation; (b) disconnection, deactivation or disabling of room smoke alarms due to unvented smoke from such cooking activities causing the activation of such alarms; (c) accumulation of grease on ceilings and walls due to cooking in unvented rooms thereby creating a fire hazard; (d) deterioration of units due to decreased maintenance of facilities when units are continuously occupied, with little or no opportunity for the maintenance which is ordinarily required for hotels and motels, causing blight and degradation of surrounding areas; (e) substandard living conditions in violation of Code requirements and Orange County Health Department regulations; E (f) lack of sufficient long-term living area in rooms which were designed and built as sleeping facilities for travelers rather than as dwelling units, and lack of yard areas and open spaces required or normally provided for tenants in apartment houses resulting in a high concentration of people in a small amount of space which, when combined with the long-term tenancies by a substantial number of the occupants, result in a disproportionately high number of calls for police and code enforcement services and need for police protection at such facilities; (g) the increased number of calls for Code Enforcement and Police services constitute a disproportionate use of City resources; (h) lack of yards and recreational areas for children which would be required for apartment houses; and (i) contribution to blighted neighborhood conditions; and WHEREAS, the City Council wishes to affirm that hotel and motel uses are for transient uses and not for use as permanent dwelling places of the occupants; and WHEREAS, it is the intent of this ordinance to address definitions of the terms "hotel" and "motel" in conjunction with the use of such terms in other provisions of Title 18 of the Anaheim Municipal Code which may permit, conditionally permit or prohibit such uses and not, by the adoption of this ordinance, to create a separate misdemeanor offense enforceable against occupants of said establishments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the definition of "hotel" as set forth in Section 18.01.090 of Chapter 1 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "`Hotel.' A building or group of buildings containing six or more guest rooms or suites provided as temporary lodging or sleeping accommodations for consideration to tourists, sojourners or transients 3 but not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential unit(s) which conform to the requirements for multiple -family residential units in Chapter 18.34 of this code" SECTION 2. That the definition of "motel" as set forth in Section 18.01.140 of Chapter 1 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "`Motel.' A building or group of buildings containing guest rooms or suites, with outdoor guest parking located conveniently to, and directly accessible from, each guest room or suite, provided as temporary lodging or sleeping accommodations for consideration to tourists, sojourners or transients but not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential unit(s) which conform to the requirements for multiple -family residential units in Chapter 18.34 of this code." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, sub section, paragraph, sentence or word of this ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor affect the liability for or collection of any tax or penalty the liability for which was incurred prior to the effective date hereof, nor shall this amendment be construed as a waiver of any provisions in effect as of the time that liability hereunder accrued or which have not specifically been amended hereby. 4 THE FOREGOING ORDINANCE is approved and adopted by the City Council in the City of Anaheim this 6th day of March 2001. ATTEST: iii 37575.3\02-16-01 5 __ .. _,' T r,_ I-- �,- �� l./ — L - - 1—)e,7; — Mayor of the City of Anah om STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5755 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of February, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of March, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS (SEAL) Feldhaus, Kring, Tait, McCracken, Daly None None CITY CL 8YRK OF THE CITY OF ANAHEIM „HUINANCL -`Ii: AN ORDINANCE OF THE CIN OF ANAHEIM AMENDING THE DEFINITIONS OF "HOTEL' AND 'MOTEL” AS SET FORTH IN SECTIONS 18.01.090 AND 18.01.140, RESPECTIVELY, OF CHAPTER 1 OF TITLE 18 OF THE ANAHEIM MU NICIPAL CODE. WHEREAS, hotel and naM Mditiee we designed, intended cod genenellypsomons for shad durations ranging fro -m one day and usually ro emtee A lift days In WVM (MeNnsow to sone8mes as 'shanisnn' ocoupe nass); end AFFIDAVIT OF PUBLICATION WHEREAS, signed b pra tweW, w#h n�agard a 4 wa�s�rnd d s fir► da- WIIEAbFAS bAM rted ll9usss en r I, grrn8y a Eby Owearw }ot PMWde nn81nB fa con arae STATE OF CALIFORNIA,) WHERE". torequiacto me r mwdublim andt¢ilin9�tar= wodeel9ntdto SS. protect em WAk lteetih, dilly andai 1 weeiwait wg.d b WHEREAS. the parldng ng ainnnenteferelsob WR amplema ars wlhW�deBy nlghsr tlrrrpekkq nquiwnr t« County of Orange ) hotel aid rtn, " &,d WNEREA% ltywp oudinum dwnelly Ur slowed by t o swot madraenet�zoning ds for RM - t200. voltid ody be arldwtad M rewMwf111110 bUw. itMIMWtPad wBuiMi04 , EE ( am a citizen of the United States and a resident rld inlle�seorAnd�y 1:0 (tura ,and of the County aforesaid; I am over the age of yhym,rq�dw� i,,e�a�p�"n one" Yi"M daabpmad a eighteen years, and not a party to or interested WHERFAB And Ind III MatiBrr eeotlaft yof �spr raamefor se �� Its Mane aipS� in the above entitled matter. I am the principal 01~ i° M Paaone nssdirg « trt}temrrseldaw.y, ed clerk of the Anaheim Bulletin , a newspaper yHF�PEAB•hoW.ndmaMfrrM'r a.dw''°�wawt°aa"�ne"dpada'io tun « prnsAdad ir, m code r Miktwu. atones, aYdis, garbtf�s ds- drW4. yon wars cow 6**bpyard arena and apaer apaor cod that has been adjudged to be a newspaper of WHEREAS the use of hdi and meYltd6rpy��y t«I�n� Mnn M�tanolw dor rat rrni+praw,+�a11 wW 801 uis d whin taenia r da taano apritrM'ltirwr, which lir8ee and n� and c«narne Daprerri rd Code Edwe =IdeMlAsd as falowc general circulation by the Superior Court of the W hp y end dtegeM °aft to guest room f« cadd g purposes without Ow ieroM d Proper apptsn County of Orange, State of California, on armedit on (b) dNcan ecdon, deactina8m or disabling of room enoke Wins dr 1D nehwded wr do tan wait coekfn9 ac*An December 28, 1951. Case No. A-21021 in and auMq to activation of such dw w; (c) sauffn kton of grana on aN1 end wells duo to aoddrg In unrnlad rooms lhweloy orertep a in hared; for the City of Anaheim, County of Orange, atdrpMd wah « (d) aaMdaalbn d nedb dun b dcewidd res ainMresra d Mdfew wMn unite n""A00 �p no appaluriy fa eco rrnodrnlarnenda wMoh N arNrrrByngrrhd tar hdllis and and d State of California; that the notice, of which the I surrou snots; annexed is a true printed copy, has been (p) wbMrdrd Mhg conditions W vtoWlan of code wyuienena and Ons County Hiedth DepartTMn regulislions, m *ck d amWwd i�rr�.lsrn #ft wee in worm vdid waw d00%pW ed bW r for iridal! nth K thin r Wi rd Mak ot"danrand apaor a � M11ar8s in published in each regular and entire issue of said mrd houses tnatdp, d bMawra9 deirnra�poorp. aitbkwrtwar newspaper and not in any supplement thereof on Nwmodb��inbramiwtk►pe8eaPat a�u�dn sirJWoa:�d Oa (g) em kralbed nan6w of age for Code En Itsce ext end Pala servim con dkm adaptopaflMrmte use of City the following dates, to wit: nMKK1O (h) lack d yode and wer.etlon.i era for ehtidwn wladn woad be r.pdtee for evadnwn honsr;.nd March 15, 2001 m "I certify (or declare) under the penalty of qbs,WnbwghrdnepniorhoodcondNwns;ard nwd�ewditpliia eaofIhMo City council �minnd `n that hotel and nols! ussearefor4ansion perjury under the laws of the State of California WHEREAS, k ieem Iden d thisonthm W oddrey delkdbrr d em Hwa 9wtsl• ed'wWP In wth thauesdwgklen. inomw olTmefeddmawwlm oodewma+max a ti - �elwwe.MawlFDion c, plala wuoa�:�d°gil dtwo pt_dirnce. b c .deprW that the foregoing is true and correct": against NOW, THEREFORE, THE CITY WUNCIL OF THE CITY OF ANAHEIM HEIMBY ORDAINS AS FOLLOWS: Executed at Santa Ana, Orange County, sertnrwI California, on Thr the dali thin of "holy' raw form In Section 18.01.099 ofchapter 1 afTMe 18 d the Andnkn Manidpol Code be. and the sorts M hereby, wnended to mad as fabws: Date: '.March 15, 2001 "How.' A w9diq or afbdWboont*ftslx"momguodmwmw@L*n as acwrnrtwdltlaru fat blcul M solawmw or oft bnd not used r��ia ala one M « a waldmMel a) od con me �a118,34aelMeof thin code- aECTI N 2 in node' . SECTION Thst.1M deliMbn d'motel' as sit 110M W Section 18.01.140 of Chapter 1 of T81e 18 of em ArWuin Municipal code be, Signature and 81s eerrne le hwNy, wriendsdto read as talo"°: Anaheim Bulletin "Motel.' A building or group of cornWninem putt rooms orKdw with outdaar Orsini PIN Wooded Werner W*io ed nikeptly acarWte Som. tpwat roan «wall, pradlYK r bdgWO « aowmmo detWmiorcorrkweti�toon�,toWur(NalW�pm�nnortnrwnubutnotr4 r'etdrt9' d 625 N. Grand Ave. ftmUWPI,P dyrrideetiefuNtemta)IepMr te•t4 ' Imss) re Santa Ana, CA 92701 SECTION 2 SEVERABILITY (714) 796-7000 ext. 3002 r L(J' Tn. caunatdthaCd dA�he.d d.cMr..Itistshould it sub sectlor of « world ora paw bdecMndfar ea��efp bWWwtid. h4tIttlCRY d tlnN lraNper4Mrd any such OR MNV 09439- 9tM-awl hw,w pasaW ati o8iirpotlbru ordinrnos of par8dn cloned SEOWiLl.. sAvtlttB Cl.waENelitsit the adoption Oliver�yaha9 araaallicniorvl rnd °rd4tananorm. w�aecostrmMltl to line chills s� it tha8'o W to 1Nwai. shall mb91 ky Por or'c"com d Any Ees sir lir br wMdt cows mI. amrdment w ca,aitmd Ase dey in edict as mod flebdiy ado haw nd spook* bow hawby. -, aDING oRDiwc I..pprowe rd dopted by 1M cry Coterel in me cry d AnaMsin era 8tin day d nnan, Ma2001 TOM DALY Mayor of the O8y of Anahelrn .. SCHROEDER