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