Ordinance - 2019U
URGENCY ORDINANCE NO. 2019
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING A
REQUIREMENT FOR CONDITIONAL USE PERMITS FOR HOTELS
WITHIN THE CITY OF WEST COVINA.
WHEREAS, Chapter 26 (Zoning) of the West Covina Municipal Code should be amended
to establish a conditional use permit review process for the establishment and operation of hotels;
and
WHEREAS, there currently exists a discretionary, review of "Motel" operations through the
Conditional Use Permit process while the operation of "Hotels" are currently permitted by right;
and
WHEREAS, there currently exists a discretionary review of the physical development of a
hotel through the Precise Plan process; and
WHEREAS, defined by the West Covina Municipal Code, the primary difference between
a "Hotel' and a "Motel" is a motel is "where a majority of such units open individually and directly
to the outside and where a garage is attached or a parking space is conveniently located to each
unit," and
WHEREAS, in recent years, there has been a growing trend in the lodging industry toward
specialized limited service hotels and specialized marketing techniques that target the business
traveler and/or extended stay client. Such new facilities tend to be a hybrid of design and operation
characteristics of hotels and motels; and
WHEREAS, an application for Precise Plan review has been submitted to the City for
review of a 104-unit extended stay hotel and one application for review of a second 129-unit
extended stay facility is pending; and
WHEREAS, one of the stated goals of the West Covina General Plan is to "arrange land
uses with regard to the health, safety, convenience and welfare of the residents of the City." Staff is
concerned with the ability to bring forth hotel development projects for discretionary operational
review to regulate such items as hours of operation, noise and traffic generation, provision of
ancillary services, assurance of compatibility with surrounding land uses, and the establishment of
residency for taxation purposes; and
WHEREAS, hotels have the potential to negatively impact the public health, safety, and/or
welfare of the community by reasons which include, but are not limited to: hours of operation,
noise and traffic generation, compatibility with surrounding land uses, public safety hazards,
establishment of residency and potential loss of tax revenues; and
WHEREAS, it is the intent of the City Council to establish a conditional use permit review
on development of "Hotels" at this time as an urgency ordinance. These urgency measures shall
remain in effect until such time as other permanent measures may be studied, considered, and
adopted; and
WHEREAS, the City Council believes that, based on the statements cited above, the current
lack of zoning controls on "Hotels" poses an immediate threat to the public health, safety, and
welfare, and that the establishment of further "Hotels" without a conditional use permit review
would result in that threat to the public health, safety, and welfare; and
WHEREAS, the City Council intends to adopt this ordinance as an interim urgency
ordinance pursuant to the provisions of Government Code Section 65858.
ZACC\Ordinsbl\Urgency Ordinance\Hotel CUP (Ord.01).doc
City of West Covina
Hotel Interim Urgency Ordinance
August 4, 1998 - Page 2
NOW THEREFORE, the City Council of the City of West Covina, California hereby
ordains as follows:
Section 1: Notwithstanding any provisions of the West Covina Municipal Code to the contrary,
A. The current standards in place do not effectively serve the betterment of the
.community.
B. Definition. During the term of this ordinance, the following definition shall apply:
"Hotel" means or is a building where lodging in sleeping units or suites is available
to the transient public and is provided with or without meals for compensation, all
for the temporary use of a transient individual who remains as a guest less than
thirty (30) days, but shall not include jails, hospitals, asylums, sanitariums,
orphanages, prisons, detention homes and similar buildings where human beings are
housed and detained under a legal restraint."
C. Conditional Use Permit Review Established. During the term of this ordinance, no
new "Hotel" shall be approved, allowed to be established, or be allowed to open for
business without obtaining approval of a conditional use permit pursuant to the
provisions of Section 26-246 et. al. of the West Covina Municipal Code.
Section 2: Severability. Should any section, subsection, clause, or provision of this urgency
ordinance for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
urgency ordinance; it being hereby expressly declared that this urgency ordinance, and each section,
subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and
ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
Section 3: Immediately Effective. Based on the findings as set forth within the recitals, this
ordinance is for the immediate protection of public health and safety by requiring the approval of a
conditional use permit for the establishment of new hotels and, as such, shall be effective
immediately and shall be effective for 45 days pursuant to the provisions of Government Code
Section 65858.
PASSED, APPROVED AND ADOPTED this 4th day of August , 1998.
0 ATTEST:
City Clerk
Z:\CC\Ordinsbl\Urgency Ordinance\Hotel CUP (Ord.01).doc
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•
City of West Covina
Hotel Interim Urgency Ordinance
August 4, 1998 - Page 3
I hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of
West Covina, California, at a regular meeting thereof held on the 4thday of Aug. , 1998, by the
following vote:
AYES: Herfert, Howard, Touhey, Wong, Melendez
NOES: None
ABSENT: None
City Clerk
APPROVED AS TO FORM:
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City A orney
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