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
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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
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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
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