Chapter 17.157 — DEEMED APPROVED HOTEL AND ROOMING HOUSE REGULATIONS

The provisions of this Chapter shall be known as the Deemed Approved Hotel Regulations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12137 § 2 (part), 1999)

The general purposes of the Deemed Approved Hotel Regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that Hotels and Rooming Houses that were Legal Nonconforming Activities immediately prior to the effective date of the Deemed Approved Hotel Regulations comply with the Deemed Approved performance standards at Article III, Section 17.157.060 of this Chapter and to achieve the following objectives:

A.

To protect residential, commercial, industrial and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

B.

To provide opportunities for Deemed Approved Hotel Activities to operate in mutually beneficial relationship to each other and to other commercial and civic services;

C.

To regulate those businesses that provide over night or short term accommodations in order to provide a standard of quality commonly expected of the hospitality industry;

D.

To provide that Deemed Approved Hotel Activities are not the source of undue public nuisances or visual blight in the community;

E.

To provide for properly maintained Deemed Approved Hotel Activities so that negative impacts generated by these activities are not harmful to the surrounding environment in any way;

F.

To monitor that Deemed Approved Hotel Activities do not substantially change in mode or character of operation.

G.

To assure that guests and residents at Deemed Approved Hotel Activities are provided safe, clean, and secure accommodations.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12137 § 2 (part), 1999)

A.

To Which Property Applicable. The Deemed Approved Hotel regulations shall apply, to the extent permissible under other laws, to all Legal Nonconforming Hotels and Rooming Houses within the city.

B.

Duplicated Regulation. Whenever any provisions of the Deemed Approved Hotel regulations and any other provision of law, whether set forth in this code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the Deemed Approved Hotel regulations.

C.

Relationship to the Zoning Regulations. The Nonconforming Use provisions of the zoning regulations including, but not limited to, OPC Sections 17.114.020, 17.114.070(A)(4), 17.114.080(A) (1) and (2), shall apply to the Deemed Approved Hotel regulations.

(Ord. 12137 § 2 (part), 1999)

There is created a Hotel Administrative Hearing Officer. The Hotel Administrative Hearing Officer shall conduct public hearings and establish findings and conditions intended to encourage and achieve compliance with the Hotel Performance Standards at Section 17.157.060 of particular sites as appropriate. This Section is not intended to restrict the powers and duties otherwise pertaining to other city officers or bodies, in the field of monitoring and ensuring the harmony of Deemed Approved Hotel Activities in the city. These parties shall have the powers and duties assigned to them by the city codes and ordinances, by the City Charter, or by valid administrative authority.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12137 § 2 (part), 1999)

As used in this Chapter:

"Condition of approval" means a requirement which must be carried out by the activity in order to retain its Deemed Approved Status.

"Deemed Approved Hotel Activity" means any Hotel or Rooming House that is legal nonconforming and in existence immediately prior to the effective date of the Deemed Approved Hotel regulations. Said business(es) shall be considered a Deemed Approved Hotel Activity as long as it complies with the Deemed Approved Hotel performance standards as set forth in Section 17.157.060 of this Chapter. Said business(es) shall no longer be considered a Legal Nonconforming Activity.

"Deemed Approved Status" means the status conferred upon a Deemed Approved Hotel Activity. Deemed Approved Status replaces legal nonconforming status.

"Illegal activity" means any activity which has been finally determined to be in noncompliance with the Deemed Approved performance standards in Section 17.157.060. Such an activity shall lose its Deemed Approved Status and shall no longer be considered a Deemed Approved Hotel Activity.

"Hotel" shall mean any activity as described in OMC Section 4.24.020.

"Legal Nonconforming Hotel Activity" means any Hotel or Rooming House which was a nonconforming use pursuant to the Nonconforming Use Regulations in OPC Chapter 17.114 at a time immediately prior to the effective date of the Deemed Approved Hotel regulations. Such an activity shall be considered a Deemed Approved Activity, and shall no longer be considered a Legal Nonconforming Activity, except such activity shall be subject to those zoning regulations relating to nonconforming uses as specified in OPC Section 17.157.030C, as of the effective date of the Deemed Approved Hotel regulations.

"Officer" means Administrative Hearing Officer, as provided for at Section 17.157.040.

"Performance standards" means regulations prescribed in the Deemed Approved Performance Standards set forth in Section 17.157.060.

"Permanent Residential Activity" means any activity described in OPC Section 17.10.110.

"Rooming House" shall mean any facility described in OPC Section 17.10.690 housing Semi-Transient Residential Activities and/or Permanent Residential Activities.

"Semi-Transient Residential Activity" means any activity described in OPC Section 17.10.120.

"Transient Habitation Commercial Activity" means any activity described in OPC Section 17.10.440.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12137 § 2 (part), 1999)

An activity shall retain its Deemed Approved Status only if it conforms with the provisions of Chapter 5.34 Hotel Rates and Registration Requirements; Chapter 8.03 Hotel, Motel, and Rooming House Operating Standards; Chapter 15.08 Oakland Housing Code, and any applicable provisions of this code.

(Ord. 12137 § 2 (part), 1999)

The purpose of the provisions of this article is to: (A) provide notice of Deemed Approved Status upon Hotels and Rooming Houses that were Legal Nonconforming Activities immediately prior to the effective date of the Deemed Approved Hotel regulations; (B) prescribe the procedure for the imposition of conditions of approval upon those activities; and (C) prescribe the procedure for appealing conditions of approval of a Deemed Approved Status.

(Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12137 § 2 (part), 1999)

All Hotels and Rooming Houses that were Legal Nonconforming Activities immediately prior to the effective date of the Deemed Approved Hotel regulation shall automatically become Deemed Approved Hotel Activities as of the effective date of the Deemed Approved Hotel regulations and shall no longer be considered Legal Nonconforming Activities. Each such Deemed Approved Activity shall retain its Deemed Approved Status as long as it complies with the Deemed Approved performance standards at Section 17.157.070.

(Ord. 12137 § 2 (part), 1999)

The city shall notify the owner of each Deemed Approved Hotel Activity, and also the property owner and occupant if not the same, of the activity's Deemed Approved Status. Such notice shall be sent via U.S. mail; shall include a copy of the performance standards of Article III of this Chapter; notification that the activity is required to comply with all these same performance standards; and that the activity is required to comply with all other aspects of the Deemed Approved Hotel regulations.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12137 § 2 (part), 1999)

The provisions of Sections 17.157.100 through 17.157.160 shall outline the process by which Deemed Approved Hotel Activities are required to be reviewed.

(Ord. 12137 § 2 (part), 1999)

As a result of an annual or bi-annual inspection pursuant to OMC Subsection 8.030.60.B or upon receiving a complaint from the public, Police Department, or any other interested party that a Deemed Approved Hotel Activity is in violation of the performance standards at Section 17.157.060, and once it is determined by the City that violations appear to be occurring, then the Deemed Approved Status of the Deemed Approved Hotel Activity in question shall be reviewed by the Administrative Hearing Officer at a public hearing. Notification of the public hearing shall be in accordance with Section 17.157.150.

The purpose of the public hearing is to receive testimony on whether the operating methods of the Deemed Approved Hotel Activity is in violation of the performance standards at Section 17.157.060, are causing undue negative impacts in the surrounding area, and/or whether the property is not being maintained in a manner to be habitable by guests or residents. While the hearing is open, any interested party must enter into the record any issues and/or oral, written, and/or documentary evidence to the Administrative Hearing Officer for his or her consideration; failure to do so will preclude the party from raising such issues and/or evidence during the appeal hearing and/or in court. At the public hearing, the Administrative Hearing Officer shall determine whether the Deemed Approved Activity conforms to the Deemed Approved Performance Standards set forth in Section 17.157.060 and to any other applicable criteria, and may continue the Deemed Approved Status for the activity in question or require such changes or impose such reasonable Conditions of Approval as are in the judgment of the Administrative Hearing Officer necessary to ensure conformity with said criteria and such conditions shall be based on the evidence before the Officer. The decision of the Officer shall be based upon information compiled by staff and testimony from the business owner and all other interested parties. New conditions of approval shall be made a part of the Deemed Approved Status and the Deemed Approved Hotel Activity shall be required to comply with these conditions. The determination of the Officer shall become final ten (10) calendar days after the date of decision unless appealed to the City Planning Commission in accordance with Section 17.157.130. Any party seeking to appeal the determination will be limited to issues and/or oral, written, or documentary evidence presented to the Administrative Hearing Officer prior to the close of the Administrative Hearing Officer's public hearing on the matter, as the appeal is not de novo.

(Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12137 § 2 (part), 1999)

In the event of a violation of any of the provisions set forth in Sections 17.157.010 through 17.157.110 of these regulations, or upon evidence that there has been a failure to comply with any prescribed condition of approval, the Officer may hold a public hearing. Notification of the public hearing shall be in accordance with Section 17.157.150.

The purpose of this public hearing is to receive testimony and determine whether violations to any conditions of approval attached to the site have occurred. While the hearing is open, any interested party must enter into the record any issues and/or oral, written, and/or documentary evidence to the Administrative Hearing Officer for his or her consideration; failure to do so will preclude the party from raising such issues and/or evidence during the appeal hearing and/or in court. The officer may add to or

amend the existing conditions of approval based upon the oral, written, or documentary evidence presented; or alternatively may revoke the Deemed Approved Hotel Activity's Deemed Approved Status. The determination of the Administrative Hearing Officer shall become final ten (10) calendar days after the date of decision unless appealed to the City Planning Commission in accordance with Section 17.157.130. Any party seeking to appeal the determination will be limited to issues and/or evidence presented to the Administrative Hearing Officer prior to the close of the Administrative Hearing Officer's public hearing on the matter, as the appeal is not de novo. The decision of the City Planning Commission shall be final unless appealed to the City Council in accordance with Section 17.157.140.

(Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12137 § 2 (part), 1999)

Within ten (10) calendar days after imposition of conditions of approval on a Deemed Approved Hotel Activity or the revocation of Deemed Approved Status, an appeal may be taken to the City Planning Commission by the Deemed Approved Activity owner or any other interested party. In the event the last date of appeal falls on a weekend or a holiday when City offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the City. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Officer or wherein its decision is not supported by the evidence in the record. The appeal itself must raise each and every issue that is contested, along with all the arguments and evidence in the record, previously presented to the Administrative Hearing Officer prior to the close of the public hearing on the item, which supports the basis of the appeal; failure to do so will preclude the appellant from raising such issues and/or evidence during the appeal and/or in court. The appeal is not de novo. Upon receipt of the appeal and the required appeal fee in accordance with Section 17.157.160 the Secretary of the City Planning Commission shall set a date for consideration thereof. Not less than seventeen (17) days prior thereto, written notice shall be given to: the owner of the Deemed Approved Hotel Activity; the property owner; the appellant in those cases where the appellant is not the owner; the adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as appropriate, of the date and place of the hearing on the appeal.

During the hearing on the appeal, the appellant will be limited to issues and/or oral, written, and/or documentary evidence presented to the Administrative Hearing Officer prior to the close of the public hearing on the item and raised in the appeal itself, as the appeal is not de novo. The appellant shall not be permitted to present any other issues and/or evidence (written, oral, or otherwise) during the appeal process. In considering the appeal, the City Planning Commission shall determine whether the Deemed Approved Hotel Activity conforms to the applicable Deemed Approved performance standards and/or conditions of approval, and may continue or revoke a Deemed Approved Status; or require such changes in the existing use or impose such reasonable conditions of approval as are, in its judgment, necessary to carry out the purposes of the zoning regulations and ensure conformity to said performance standards. The decision of the City Planning Commission on the appeal to the conditions of approval imposed by the Administrative Hearing Officer shall be final.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13270, § 3(Exh. A), 11-18-2014; Ord. No. 13172, § 3(Exh. A), 7- 2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12137 § 2 (part), 1999)

Within ten (10) calendar days after the date of a decision by the City Planning Commission to revoke a Deemed Approved Status, an appeal from said decision may be taken to the City Council by any interested party. In the event the last date of appeal falls on a weekend or a holiday when City offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Planning Director and shall be filed with the Planning and Building Department, along with the appropriate fees required by the City's Master Fee Schedule. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record. The appeal itself must raise each and every issue that is contested, along with all the arguments and evidence in the record, previously presented to City Planning Commission prior to the close of its public hearing on the item, which supports the basis of the appeal; failure to do so will preclude the appellant from raising such issues and/or evidence during the appeal and/or in court. The appeal is not de novo. Upon receipt of the appeal and an appeal fee in accordance with Section 17.157.160, the Council shall set the date for consideration thereof. The City Clerk shall notify the Secretary of the City Planning Commission of the date set for consideration thereof. Not less than seventeen (17) days prior thereto, written notice shall be given to: the owner of the Deemed Approved Hotel Activity; the property owner; the appellant in those cases where the appellant is not the owner; the adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as appropriate, of the date and place of the hearing on the appeal.

During the hearing on the appeal, the appellant will be limited to issues and/or evidence presented prior to the close of the City Planning Commission's public hearing on the item and raised in the appeal itself, as the appeal is not de novo. The appellant shall not be permitted to present any other issues and/or evidence (written, oral, or otherwise) during the appeal process. In considering the appeal, the Council shall determine whether the Deemed Approved Hotel Activity conforms to the applicable Deemed Approved performance standards and/or conditions of approval, and may approve or disapprove the revocation of the Deemed Approved Status; or require such changes to the existing use or impose such reasonable conditions of approval as are, in its judgment, necessary to carry out the purposes of the zoning regulations and ensure conformity to said performance standards. The decision of the City Council shall be made by resolution and shall be final.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13270, § 3(Exh. A), 11- 18-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12137 § 2 (part), 1999)

The Officer shall notify the owner of each Deemed Approved Activity, and also the property owner and occupant if not the same, of the time and place of the public hearing. Such notice shall be sent via U.S. mail, and shall include notification that the Deemed Approved Status of the Deemed Approved Hotel Activity will be considered by the Officer. The public hearing shall be noticed by posting notice on the premises of the subject property; notice shall also be given by mail or delivery to all owners and occupants

of real property in the city within three hundred (300) feet of the subject property; provided, however, that failure to send notice to any such owner where his or her address is not shown on the last available equalized assessment roll shall not invalidate the affected proceedings. Such notices shall be given not less than seventeen (17) days prior to the date set for the hearing, if such is to be held. Fees for notification shall be in accordance with Section 17.157.160 and paid for by the Deemed Approved Hotel Activity in question.

A.

Notice on Site. A notice shall be posted on the premises of the subject activity, placed in the window of the activity (if a window facing the street is not present, then the notice will be required to be posted onto the exterior of the building). All notices shall advertise the time, date, purpose and location of the public hearing for each particular site. All notices shall be given not less than seventeen (17) days prior to the date set for the hearing.

B.

Notice by Mail. Notice by mail is deemed given on the date the notice is placed into the U.S. mail system.

(Ord. No. 13763, § 5, 10-3-2023; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12137 § 2 (part), 1999)

Fee, and regulations pertaining to fees, including the appeal, and reinspection of Deemed Approved Hotel Activities shall be in accordance with the city master fee schedule.

(Ord. 12137 § 2 (part), 1999)

All officials, departments, and employees of the city vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with, the Deemed Approved Hotel regulations.

(Ord. 12137 § 2 (part), 1999)

A.

Infractions. Any person who violates, causes or permits another person to violate any provision of these regulations is guilty of an infraction unless otherwise provided.

B.

Separate Offenses for Each Day. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punished accordingly.

C.

Any Violation a Public Nuisance. In addition to the penalties provided in this Section, any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be and is declared to be a public nuisance and may be abated as such by the city after appropriate notice and opportunity to be heard.

D.

Injunction as Additional Remedy. Any violation of any provision of these regulations shall be and is declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

E.

Penalties. Any person convicted of an infraction under the provisions of this Section shall be punishable by a fine to the maximum permitted under state law. Any violation beyond the second conviction within a one- year period may be charged by the City Attorney or District Attorney as a misdemeanor, and the penalty for conviction shall be punishable by a fine or imprisonment to the maximum permitted under State law.

F.

Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation. Reinspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of the Deemed Approved Hotel Activity. Fees shall be in the amount described in Section 17.157.160 for charged reinspections. The inspection official shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time, the charges shall be placed as a lien against the property.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12137 § 2 (part), 1999)

The City shall designate the appropriate personnel to enforce the provisions of these regulations.

(Ord. 12137 § 2 (part), 1999)