Article 8 — Motels

The purpose of this article is to establish operational and development standards, and requirements for motels which will ensure the continued availability of transient visitor and automobile tourist lodging within the city and to ensure the continued use of motels in the manner intended to provide such lodging. (Ord. No. 14-11, § 1, 8-5-14)

§ 13-173. Definitions.

Long-term occupancy shall mean any occupancy in a motel in the city for a period exceeding 30 consecutive days or 30 days within any sixty-consecutive-day period.

Short-term occupancy shall mean any occupancy of a motel in the city for a period that does not fall within the definition of a longterm occupancy.

(Ord. No. 14-11, § 1, 8-5-14)

The following operational and development standards shall apply to all motels in the city and shall be included in conditions imposed upon the granting of any conditional use permit for such business, unless specifically modified by the conditional use permit:

• (a) No property owner, motel operator or manager shall rent a room for a period that exceeds 30 consecutive days or 30 days within any sixty (6) consecutive day period, unless the property owner or motel operator has obtained a conditional use permit authorizing long-term occupancies pursuant to section 13-175.3 .

• (b) On-site management shall be available 24 hours a day.

• (c) Each guest room shall be provided regularly-scheduled maid and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy.

• (d) In-room telephone service for emergency response purposes shall be provided in all guest rooms of the motel.

• (e) Persons responsible for the renting of a room in any motel shall provide their name and permanent address, as verified by presentation of a valid driver's license or other valid identification, and the license number, state of license, make, model and year of any vehicle parked on-site or off-site. The registration information shall also include the dates of occupancy, length of stay and room rate. Such information shall be maintained for at least one year past the last day of stay of the guest.

• (f) No room, suite or bed shall be assigned or rented more than once within any 24 hour period.

• (g) The property owner/motel operator shall comply with the provisions of Chapter IV of Title 16 of the Costa Mesa Municipal Code pertaining to the operator's responsibility for the collection of transient occupancy tax.

• (h) The business shall be conducted, at all times, in a manner that will allow the safe and quiet enjoyment of the surrounding neighborhood which includes, but is not limited to, security and operational measures to comply with this requirement.

• (Ord. No. 14-11, § 1, 8-5-14)

The requirements of this chapter, specifically including the long-term occupancy restrictions in section 13-174(a), shall apply to all motels in the city, whether it is new or was in existence prior to the effective date of this ordinance. (Ord. No. 14-11, § 1, 8-5-14)

• (a) Nothing in this chapter shall require an existing tenant of a long-term occupancy, established prior to the effective date of this chapter, to move out of a unit they are already occupying. Those pre-existing long-term occupancies may continue pursuant to the terms of the existing lease or agreement, until that tenancy terminates by its own terms under the law.

• (b) Whenever a long-term occupancy terminates, for whatever reason, the property owner/motel operator shall not re-lease that unit for a new long-term occupancy, except to the degree the motel will be in compliance with the requirements of this chapter.

• (Ord. No. 14-11, § 1, 8-5-14)

• (a) Within 30 days of the effective date of this ordinance, the city shall notify the owners and operators of each motel in the city of the ordinance's adoption. The city shall send a copy of the ordinance, a "longterm occupancy form," and a schedule for compliance via certified return receipt mail. If a notice is returned, the city shall send the notice via standard U.S. mail.

• (b) Within 30 days of the mailing of the notice in section 13-175.2(a), the property owner/motel operator shall submit a fully completed "long-term occupancy form" to the city that provides the total number of rooms used as long-term occupancies during the preceding 60 days; identify the long-term occupant by a valid driver's license or other valid identification; the make, year, and model of any vehicle parked on-site or off-site; and any other information to demonstrate compliance with the ordinance. If a property owner/motel operator fails to submit the long-term occupancy form, in addition to taking any other action authorized by law, the city shall estimate the total number of rooms used as long-term occupancies at zero.

• (Ord. No. 14-11, § 1, 8-5-14)

A property owner/motel operator may apply for a conditional use permit authorizing the facility to exceed the long-term occupancy limits in section 13-174(a), subject to restrictions of the issuing authority. In order to be granted a conditional use permit under this section, the property owner/motel operator must demonstrate compliance with, and the city shall make a finding that, each of the following standards have been met:

• (a) The motel must have a minimum of at least 75 rooms.

• (b) Fireproof safety deposit boxes must be available to all occupants of the motel.

• (c) Each guest room shall be provided regularly-scheduled maid, mail and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy.

• (d) Each room shall be a minimum of 375 square feet.

• (e) The motel shall maintain on-site laundry services, available for use by guests.

• (f) The proposed use is compatible with the surrounding neighborhood, uses, zoning and general plan.

• (g) Each guest room shall have a fully equipped kitchen with an area for the preparation of food, and include the following: sink, cook top, oven and/or microwave oven, and refrigerator.

• (Ord. No. 14-11, § 1, 8-5-14)

The provisions of this article shall not be used to terminate a tenancy in violation of the requirements of California Civil Code section 1940 et seq.

(Ord. No. 14-11, § 1, 8-5-14)