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HomeMy WebLinkAboutNS-2429 - Extending the Prohibition on the Conversion or Establishment of Any New Residential Hotel71 ORDINANCE NO. NS-2429 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 DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Findings. The City Council of the City of Santa Ana finds, determines and declares as follows: A. Provisions of Chapter 41 of the Santa Ana 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 which by its own terms expired 45 days from the date of its adoption, unless otherwise extended. On July 19, 1999, the City Council adopted Ordinance No. NS-2397 as an emergency ordinance ("the emergency ordinance"), to extend the provisions of Ordinance No. NS- 2393. Ordinance No. NS-2397 by its own terms expires 10 months, 15 days from the date of its adoption, unless otherwise extended. B. 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. C. The Police Department has also expressed concern that the current Code does not regulate residential hotels. In the year prior to the adoption of Ordinance No. NS-2393 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. D. Since the adoption of the existing emergency ordinance, as set forth in the Request for Council Action (which is incorporated herein by this reference as though Ordinance No, NS-2429 Page 1 of 4 72 fully set forth), the City's staff has prepared a draft proposed permanent ordinance amending the code to make residential hotels "conditionally permitted uses" in the commercial zones, and to add a number of new development standards for this use. Staff has invested a significant amount of time soliciting and incorporating comments and concerns of the hotel/motel industry, including hosting a meeting on February 2, 2000, to which owners and operators or the 39 existing hotels and motels in the City were invited. E. The proposed permanent ordinance may also include a amortization period within which existing hotels/motels may bring their businesses into compliance with new standards. The City has solicited and received a proposal to undertake an economic study of the appropriate amortization period, which would take approximately four weeks to complete once notice to proceed is given. F. The Council is also aware that within the last few months, the cities of Anaheim and Buena Park have been sued over new ordinances regulating this subject matter, and that these lawsuits are ongoing. An additional twelve month extension of this temporary ordinance is warranted to allow the court time to consider these challenges, and to complete staffs studies and consultation as set forth above. G. 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. H. 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 concerns. I. 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. In addition to the efforts referenced above, 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. J. 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 Ordinance No. NS-2429 Page 2 of 4 73 on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. K. 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 A-J, inclusive of this Section 1. L. 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. Section 2: 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, 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 consecutive day period. Section 3: 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 hereby 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 4: Expiration. This ordinance shall be of no further force and effect one (1) year from the date of its adoption, unless repealed by further ordinance of the City Council before its expiration date. Section 5: 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 6: 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 Ordinance No. NS-2429 Page 3 of 4 74 necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth at Section 1, paragraphs A through L, inclusive, of this ordinance. ADOPTED this 15th day of May, 2000. ATTE~ST: / COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin McGuigan Aye Moreno Absent APPROVED AS TO FORM: Josep/?h W. Fletch/e~ City Attorney ,l~enj~rl~n Kal,(rfrn~n Chief Assistant City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Emergency Ordinance No. NS-2429 to be the original ordinance adopted by the Cit)/Council of the City of Santa Ana on May 15, 2000; and that said ordinance/was published in accordance with tl~e Charter of the Ci~ ~ Sahta~_~n_na.~ Date: .~,/~,7/g) ,~ / / 'C~erk of the Council - City of Santa Ana Ordinance No. NS-2429 Page 4 of 4