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Ordinance - 2020URGENCY ORDINANCE NO. 2020 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 2019 RELATED TO 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, the current review process is not adequate to ensure that hotels are properly designed, maintained and operated, and is further not adequate to ensure that hotels will not adversely impact the appearance and vitality of the City; 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;" 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, incompatible hours of operation or ancillary facilities, public safety hazards, establishment of residency and potential loss of tax revenues; 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, on August 4, 1998, the City Council of the City of West Covina adopted Urgency Ordinance No. 2019, which established a requirement for a conditional use permit for the development of a hotel within the City of West Covina for a period of 45 days until September 18, 1998; and WHEREAS, the City Council wishes to continue in effect the urgency ordinance and intends to adopt an extension of this interim urgency ordinance pursuant to the provisions of Government Code Section 65858; and Z:\CC\Ordinsbl\Urgency Ordinance\Hotel CUP (Ord Ext.01).doc Ordinance No. Hotel CUP Interim Urgency Ordinance September 1, 1998 — Page 2 WHEREAS, the City Council, upon giving the required notice, did on the 1 st day of September 1998, conduct a duly advertised public hearing as prescribed by law to consider the extension of Urgency Ordinance No. 2019. NOW, THEREFORE, the City Council of West Covina, California hereby ordains as follows: SECTIONI.: Notwithstanding any provisions of the West Covina Municipal Code to the contrary: A. 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." B. 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, of 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 of phrases be declared invalid or unconstitutional. SECTION 3: Effective Immediately This ordinance is for the immediate protection of public health and safety by preventing any further establishment of new hotels. As such, this ordinance shall take effect and supersede Ordinance No. 2019 immediately upon its expiration on September 18, 1998 and shall be effective for six months thereafter until March 18, 1999. PASSED, APPROVED AND ADOPTED this Ist dap of September, 1998. ATTEST: City . k Mayor Z:\CC\Ordinsbl\Urgency Ordinance\Hotel CUP (Ord Ext.01).doc Ordinance No. 2020 Hotel CUP Interim Urgency Ordinance. September 1, 1998 — Page_3. • I, Janet Berry, City Clerk of the City of West Covina, hereby certify that the foregoing Or was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 1st day of September, 1998, by the following vote: AYES: Howard, Touhey, Wong, Melendez NOES: None ABSENT: Herfert City Clerk - -- APPROVED AS TO FORM: City Attorney Z:\CC\Ordinsbl\Urgency Ordinance\Hotel CUP (Ord Ext.01).doc