HomeMy WebLinkAbout2006/08/08 Item 8
ITEM TITLE:
SUBMITTED BY:
COUNCIL AGENDA STATEMENT
0...
Item No v
Meeting Date 8/8/2006
ORDINANCE AMENDING MUNICIPAL CODE 15.20 AND
ESTABLISHING MUNICIPAL CODE 5.39 REQUIRING HOTELS
AND MOTELS TO HAVE A PERMIT TO OPERATE
RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO
INCLUDE THE PERMIT-TO-OPERATE FEE REQUIREMENT FOR
HOTELS AND MOT~ES
Chief of Poll" ,./, ~~
Director of Plan" ~ Buildin
Director of FinancelTreasure . Y
Acting Director of $;ommunity Deve 0 ment P\1' \
Chief of Fire [JA r
/('
REVIEWED BY: Interim City Manager JI
(4/5ths Vote: Yes _ No X )
The proposed ordinance would require hotels/motels to obtain and post an annual
permit to operate before renting rooms. To obtain a permit, motels would need to meet
minimum room requirements, pass an annual health inspection; have a reasonable
annual number of police calls for service; and be up-to-date on transient occupancy tax
owed the City Additionally, a permit-to-operate fee would be enacted in order to cover
the Cost of City staff to process the annual permit.
RECOMMENDATIONS: That the City Council adopt the following:
. An ordinance establishing Municipal Code 5.39 requiring hotels and motels to
have a permit to operate
. A resolution amending the Master Fee Schedule to include the permit-to-operate
fee requirement for hotels and motels
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
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DISCUSSION:
Budget motels have presented safety issues in the City for a number of years. Between
2003 and 2005, more than 4,000 calls for service were logged at the approximately 25
motels in the City (the number of overnight lodging establishments in operation varied
during these years). During this period, there were also 77 violent crimes at motels (19
rapes, 27 robberies and 31 aggravated assaults), as well as 247 drug arrests at motels.
In addition, Code Enforcement receives complaints every year regarding public health
problems at motels.
BACKGROUND:
In 2001, in response to concerns about crime and disorder problems at motels,
representatives from several City departments met with staff from the Convention &
Visitors' Bureau and Third Avenue Village Association/Chula Vista Downtown Business
Association. The meeting was held to discuss the various issues surrounding motels in
Chula Vista and to form a partnership between the private sector and the City to identify
and address issues with problem motels. During this meeting, the group developed a
problem statement that helped focus the group's efforts. This problem statement read:
A significant group of Chula Vista motels
· attract problem guests/visitors who engage in a variety of criminal and
undesirable behaviors, including disturbing the peace, drug use/sales,
prostitution and domestic violence;
. exhibit low industry standards with regards to cleanliness and other similar
minimum standards for lodging;
. are poorly maintained and/or unsightly properties; and,
. are located in areas with relatively high levels of crime and disorder, or blight.
These problem motels, guests and behaviors reduce the amount of desirable,
safe, well-maintained lodging available in Chula Vista, and adversely impact the
City's image and tourist industry
Based on this problem statement, City staff and community stakeholders began working
collaboratively to better understand and address the causes of problems at budget
motels.
In the summer of 2002, police officers surveyed 58 individuals who were located on the
grounds of several problem motels in the City. Officers asked these motel users a
number of questions, including whether the person was on probation or parole. Based
on the survey results, motel users with in-County home addresses were 13 times more
likely to be on probation than the general adult California population. The violations for
which they were on parole included drugs, assault, prostitution and theft. Local motel
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users were also 4 times more likely to be on parole than the general adult California
population. No tourists at the motels indicated they were on probation or parole.
Police Department staff subsequently contracted with a professor from California State
University (CSU) San Bernardino to develop and administer motel manager interviews
and environmental surveys in Chula Vista. The purpose of these surveys, which were
conducted in late 2002, was to learn more about the management practices and site
design issues at motels.
From the management survey, CSU San Bernardino determined that two management
practices were correlated with high calls for service at motels:
. local guests
. long-term guests
At the time of the survey, 70% of City motels indicated that half or more of their clientele
was local. This type of motel clientele is not typical in other cities across the country At
typical U.S. lodging establishments, 80 percent of the guests are tourists, business
travelers, or meeting/convention attendees; the remaining 20 percent have other
reasons for staying at motels, including personal reasons and special events 1
Ten of 22 City motels said they rented to guests for more than 30 days at a time, but
only 67 specific people were identified by motel managers as having been at their
motels for more than 30 days at the time of the survey.
Also in 2002, police staff from the Research & Analysis Unit conducted a
comprehensive literature review on the topic of crime and disorder in budget motels,
and ultimately published a guide for the U.S. Department of Justice on this topic. Among
the key findings of the guide were2:
. Managers and owners have the greatest ability to ensure that their properties do
not attract problem guests and visitors.
. Problems can be reduced by appropriately screening guests and visitors
. Problems can be reduced by controlling direct vehicle and pedestrian access to
motel rooms
In October 2003, Police staff organized an informational meeting for motel personnel at
the Chamber of Commerce. The purpose of this meeting was to share information on
ways of improving safety levels at motels based on the local manager interviews and
environmental surveys that had been conducted, as well as national research. Every
known motel owner and manager was invited to attend and representatives from 13
Chula Vista motel properties attended this meeting. At the Chamber of Commerce
1 American Hotel and Lodging Association (2004). hlto:llwww.ahma.com
2 Disorder at Budget Motels. Karin Schmerler U.S. Department of Justice, 2005.
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meeting, participants were offered the option of follow-up, on-site technical assistance
meetings at their individual motels. After the meeting, several motels with a history of
public safety problems were also contacted and offered on-site technical assistance. As
a result, on-site meetings were held with 16 motel managers and/or owners. At these
meetings, Police staff walked the properties with motel staff, and shared more in-depth
information on calls for service to the property, as well as a check-list document that
outlined management practices and environmental features that could reduce problems
at motels. Code Enforcement staff and a representative from the Convention & Visitors'
Bureau also attended a number of the on-site motel meetings and provided suggestions
for improving the facilities and attracting tourists.
In 2003, Code Enforcement began an annual hotel/motel inspection program to ensure
that the properties meet state and local housing codes. During the first round of
inspections, a number of properties required multiple reinspections and modifications to
come up to code. Two properties were ultimately unable to meet code requirements and
were subsequently closed.
In September of 2003 and 2004, April of 2005, and June of 2006, informational reports
that included the number of police calls for service and drug arrests at individual motels
were mailed to each property These reports were designed to let motel staff know the
level of problems at their properties. In September 2004, the Police Department and
Finance Departments co-sponsored a training seminar for all motel owners and
managers on complying with CVMC 3.40 (transient occupancy tax) and CVMC 3.41
(photo government identification requirement for room rental).
CRIME AND DISORDER AT BUDGET MOTELS
To determine how to reduce public safety problems at motels, it was important to learn
what caused problems at motels. Several hypotheses were tested and ultimately
rejected while the U.S Department of Justice guidebook was being researched and
written.
The first hypothesis was that motels had problems because they were located in high-
crime areas. To test this, staff mapped and color-coded motels according to their 2003,
2004 and 2005 CFS ratios. In 2005, for example, staff found that the two motels with the
highest number of drug arrests were located within one block of a motel with a very low
CFS ratio. In addition, the motel with the second highest CFS ratio (2.77) in 2005 was
located across the street from a budget motel with a CFS ratio (.36) that is 6 times
lower
Another hypothesis about what caused motel problems was that if police enforcement
levels were increased, motel problems would be reduced. However, when staff
compared police enforcement levels with the number of citizen-initiated calls every year
between 2000 and 2004, there was little relationship between the two, as the chart on
the next page demonstrates.
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Level of Enforcement Not Related to
Level of Problems at Motels
Period Change in Police Change in
Enforcement . Citizen Calls
00-01 +86% -1%
01-02 -33% -4%
02-03 +30% +9%
03-04 +20% -9~/o
The most common police enforcement Jctivitics at motels were pedestrian and traffic
stops, extra patrols, and felony arrests.
Finally, staff also correlated police enforcement activity with citizen calls to the motel
with the highest numbers of annual calls over a 48-month period and found a very
weak, but statistically insignificant relationship between the two.
While reviewing the literature on public safety problems at motels, staff came across
several municipalities that were able to reduce problems by holding motels accountable
for their performance. Concerned about excessive calls for service and drug arrests at a
well-known national budget chain, the Oakland Police Department negotiated an
agreement with the motel chain that required them to reduce their CFS ratio to that of
neighboring chain motels. The problem motel subsequently improved its management
practices, and within seven months, reduced calls for service to the property by 59%. In
Stockton, the City Council passed an ordinance that required motels to meet minimum
standards to obtain a permit to operate. These standards included adherence to
building, fire and health codes, and maintenance of a level of calls for service that is not
"excessive." During the program's first year of operation (2002), 20% of the city's motels
were closed because they were not able to meet the requirements; as a result,
Stockton staff reported a substantial reduction in CFS.
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As the above chart shows, despite several years of outreach efforts, the provision of
technical assistance to a si~nificant number of motels, and the sale and/or closure of
several problem properties , the total annual number of police calls for service to motels
has increased since 2000
3 The EI Primero was sold and extensively renovated in mid-2004, the Etc. Motel was closed in late 2004,
and the Tower Lodge was closed in May of 2005. If these properties had remained open for all of 2005,
total police calls that year likeiy would have topped 1,400.
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Not all motels have unreasonable levels of police calls for service, however. In fact, a
number of Chula Vista's budget motels have very low call for service rates when
compared to their competitors. As the above chart indicates, eight of the motels with
CFS ratios (calls for service per room, per year) below the median are budget motels,
charging between $45 and $60 per night4. Four of the five motels that are above the
median and have the highest CFS ratios also charge budget rates (between $44 and
$60 per night). Perhaps most illustrative, is the comparison between the motel with the
highest CFS ratio in 2005 and the motel with the lowest CFS ratio that year. The
Traveler Inn & Suites, with a CFS ratio of 2.77, charges almost $60 on weeknights and
nearly $70 on weekends; the Farmhouse Motel, with a CFS ratio of 0 11, charges $45
every night. Despite charging substantially more per night, the Traveler Inn & Suites has
a CFS ratio 25 times that of the Farmhouse Motel.
Motels remain the top drug arrest locations in the entire city of Chula Vista. In 2005, the
number one drug arrest location was the Traveler Inn Suites, with 26 drug arrests: Motel
6 was the number two drug arrest location with 24 arrests.
4 Room rates were gathered during a telephone survey conducted in the Fall of 2005. Rates were
requested for three nights in November that covered a Thursday, Friday, and Saturday (November 3-5,
2005.)
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TODAY
Because considerable outreach efforts to motels had not produced the desired
reductions in public safety problems by 2005, the Police Department began working
closely with the City Attorney's Office, Planning & Building, Community Development,
Finance, and Fire Department to develop an ordinance that would address a variety of
issues affecting the City's budget motels. Staff reviewed motel ordinances in effect in
other cities and developed an ordinance that would meet the needs of Chula Vista (see
Attachment A for a 2-page overview of the ordinance).
Under the proposed motel ordinance, all motels would be required to apply for and
obtain a permit-to-operate from the City beginning in November 2007. Grounds for
denial of a permit include unsanitary rooms, lack of basic crime prevention devices in
rooms, such as dead bolts and window locks, and unacceptable numbers of drug arrests
and/or calls for service. The cost of the permit application fee would be $70 Motels or
hotels with excessive drug arrests or calls for service (currently about 1/3 of all
properties) would require additional investigation of incidents to act on the permit
request and would be billed at an hourly rate of $70 for any additional required review
time. (The $70 fee is based on full cost recovery for staff to process the permit
applications.) Motel operators that failed to display valid permit after January 1, 2008,
would be subject to a fine of up to $1,000 and/or six months in the county jail.
City staff shared the draft ordinance with motel managers and owners at two meetings
in June 2006. All known motel managers and owners were invited via certified mail to
attend either of the meetings, which were held on Tuesday afternoon, June 20, and
Thursday evening, June 22. Representatives from 110f the motels and hotels attended
one of the two meetings, and provided staff with useful feedback on the proposed
ordinance. Motel representatives also asked a number of good questions at these
meetings. In late June, copies of the draft ordinance and PowerPoint presentation made
at the motel meetings were mailed to motel owners and managers who did not attend
the 6/20 or 6/22 meetings. Staff subsequently received a very positive e-mail about the
ordinance from the owner of the Palomar Inn, Raj Jaiswal. In the e-mail.Mr. Jaiswal
indicated that he is pleased to see the "good changes" coming, and particularly
supported efforts to reduce drug and prostitution activity, which he said "may be going
on in some of the poorly managed motels."
HEALTH INSPECTION
Hotels and motels would be required to pass an annual health inspection by a California
Registered Environmental Health Specialist (REHS) to obtain a permit to operate. Motel
operators would be required to contract directly with an REHS to conduct the inspection.
Major pest inspection companies generally employ an REHS on staff The cost of the
health inspection is unknown at this time, but is expected to be similar to that of a pest
inspection. However, if health problems are uncovered at a motel during the health
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inspection, remediation could result in significant costs to the motel. (See Attachment B
for a copy of the proposed Environmental Health Report - Hotels and Motels.)
PERMIT.TO-OPERATE FEE
Staff recommends that Chapter VI be amended to include hotel/motel permit to operate
fee as follows.
F. HOTELS/MOTELS
1 Hotel/Motel Permit to Operate
A non-refundable fee shall accompany each hotel/motel permit as follows:
a. A fee of $70 for initial application and renewal.
b. An hourly rate of $70 for any applications that require more than an hour
of investigation.
AMENDMENTS TO MUNICIPAL CODE 15.20
Staff proposes amending Municipal Code 15.20 to include relevant hotel/motel
definitions and minimum guestroom requirements; clarify the difference between a
residential rental unit and a hotel/motel; reference the requirement for a hotel/motel
permit to operate; and, add a severability clause.
FISCAL IMPACT
Staff estimates that each application will take one hour of staff time to process. The cost
for this processing time is approximately $70 per hour at full cost recovery and would be
offset by the proposed permit fee. Any additional time required to process the permit
would be charged to the hotel/motel at the $70 per hour rate. Therefore, no additional
appropriations will be required to implement the ordinance.
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ATTACHMENT A
HOW THE PROPOSED HOTEUMOTEL PERMIT.TO-oPERATE
ORDINANCE WOULD WORK
Permit.to-operate Would be Required
Beginning in November 2007, motels would be required to apply for an annual permit-
to-operate a hotel/motel.
The request for a permit-to-operate could be granted or denied.
To Obtain a Permit, Motels Would:
1 Meet minimum guestroom requirements
2. Pass health inspection
3. Have a reasonable level of police calls for service
4. Be up-to-date on transient occupancy tax payments owed to the City
Code Enforcement would check for such minimum guestroom standards as:
. Bed mattress on frame
. Clothes closet, luggage rack
. Toilet room, lavatory and bathtub or shower
. No special knowledge door hardware (dead-bolted door can be opened by
guest from inside by just pushing handle down in an emergency)
. Security deadbolt and door guard, peephole
. Locks on all windows and sliding doors
. Window coverings without large holes
Privately contracted health inspector would ensure:
. Bedding is clean
. There is no infestation of insects/rodents
. There is adequate soap, towels and waste receptacles in rooms
. No accumulation of stagnant water
. Pool is maintained to state standards
Police Department would review the following arrests and calls for service to the
property:
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. Drug-related arrests
. Prostitution-related arrests
. Police, Fire and EMS calls for service
Finance staff would check to ensure that:
· Transient occupancy taxes have been paid
· Motel/hotel is able to establish degree of financial responsibility per existing
CVMC Chapter 3.40
Additional Aspects of Permit-to-operate System
Permits could be revoked; revoked permits could not be issued for 3 years
System provides for right to appeal hearing for denial/revocation by neutral, outside
party
Annual permit-to-operate would not be transferable from one person or firm to another
Annual permit fee amount would be based on level of problems at motel
. Permit application fee: $70
· Motels/hotels with excessive narcotics arrests or calls for service
(currently about 1/3 of all properties) would require additional investigation
of incidents to act on permit request at hourly rate of $70.
Penalties for Non-Compliance
Failure to obtain and display a permit would be punishable by $1 ,000 fine and/or 6
months in jail.
How Motels Would be Affected
Most motels would not be affected. bevond needino to pass an annual health
inspection. and submit a 1-paoe permit application with fee.
A smaller group of motels could be denied a permit. The permit denials would most
likely be due to an unacceptable number of narcotics arrests and/or calls for service not
experienced by most other city motels.
'r
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ATTACHMENT B
.sUt-
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~""t.~.......
ellY OF
CHUIA VISTA
ENVIRONMENTAL HEALTH REPORT - HOTELS AND MOTELS
INSTRUCTIONS TO THE REGISTERED ENVIRONMENTAL HEALTH SPECIALIST
All areas of the building and grounds and all guestrooms shall be inspected for the following items.
Please initial each item that is in compliance. Any item not in complianc:e shall be detailed on the second
sheet attached herein. Issues not covered by these items that are in violation of government statute shall
also be reported in detail on sheet two:
_ The hotel/motel does not have any interior or exterior areas where stagnant water has accumulated.
_ All necessary means have been employed to eliminate and control infestations of insects and
rodents on the premises of any hotel/motel. 'Insects" include, but are not limited to, lice, bedbugs, fleas,
blood-sucking conenoses, roaches, flies, bees, and the larva and eggs of aforesaid insects. "Rodent"
includes, but is not limited to, mice, rats, opossums and squirrels.
_ Soap and toilet tissue in suitable dispensers and individual towels or other approved hand-drying
facilities and suitabie waste receptacles with iids are provided in each rest room.
_ Floors, walls and ceilings of guestrooms are constructed and maintained as to be easily cleanable
and are clean and in good repair
_ Mattresses, mattress covers, quilts, blankets, pillows, pillow slips, sheets, comforters, and other
bedding is clean and is in good repair
_ Guestrooms are supplied with a lavatory, hand soap, and clean towels for each guest.
_ All eating and drinking 'utensils in guestrooms are either singie use service or are washed, sanitized,
and protected from subsequent contamination.
_ There are no ice machines on the property that allow dispensing of ice from storage bins where the
general public has free access.
_ All rubbish, waste containers, and dumpsters located on the premises are free of accumulations of
refuse, dirt and waste products that are subject to decomposition and fermentation.
_ Swimming pool(s) are maintained to State of California regulations.
Signature of CA Licensed Health Specialist
Date:
CA License Number
Print Name
. City of Chula Vista. Planning and Building Department. 276 Fourth Ave.. Chula
Vista. CA 91910.
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ORDINANCE NO.
AMENDING MUNICIPAL CODE 15.20 AND ESTABLISHING MUNICIPAL
CODE 5.39 REQUIRING HOTELS AND MOTELS TO HAVE A PERMIT
TO OPERATE
WHEREAS the City of Chula Vista is committed to the health, safety and welfare of its
residents; and
WHEREAS it is also a high priority of the City Council to provide for the health, safety
and welfare of visitors to the City; and
WHEREAS hotels/motels can have disproportionately high rates of police and
emergency calls for service, violence, prostitution and drug activity which can have a
negative impact on health, safety and welfare of the community; and
WHEREAS there is no common set of operating standards within the hospitality industry
that defines and shapes the obligation of hotel and motel businesses to their guests and
the surrounding community; and
WHEREAS it is the intent of the City Council to proactively establish local health, safety
and welfare standards for hotels/motels in the City of the Chula Vista that will help
create a vibrant and robust environment for the enjoyment of its tourists, visitors,
residents and businesses.
NOW THEREFORE the City Council finds and determines that it is important for the
health and safety of visitors to the City of Chula Vista that hotels/motels in the City meet
the minimum operational standards of the City and to require hotel/motel operators to
obtain an annual Permit to Operate to ensure that these standards are being adhered
to and does hereby ordain:
SECTION I That Chapter 15.20 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Chapter 15.20
HOUSING CODE*
Sections:
15.20.001 Severabilitv
15.20.002 Definitions
15.20 010 California Housing Code 1998 Edition and Uniform Housing
Code 1997 Edition adopted by reference.
, ;
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15.20 020 Section 201.1 amended to designate assistant director of
building and housing as building official.
15.20.030 Section 203.1 amended to designate board of appeals and
advisors as housing advisory and appeals board.
15.20.040 Section 304 added to require annual housing permit.
15.20.050 Section 305 added to require housing permit fees to be set by
city's master fee schedule.
15.20.060 Section 306 added to require suspension or revocation of
annual housing permit where operation is nonconforming.
15.20.070 Hotel/motel- Permit to Operate
15.20.080 Hotel/motel- Guestroom - Minimum reauirements.
. For statutory authority for cities to adopt codes by reference, see Gov Code 9 50022.1,
et seq., for statutory adoption of building codes and other codes to apply as housing
construction regulations throughout the state, see Health and Safety Code 9 17922.
Prior legislation: Prior code 99 16A.1, 16A.3, 16A.5, 16A.6 and 16A.7; Ords. 1357,
1594,1606,1735 and 1817
15.20.001 Severabilitv.
It is declared to be the intention of the city council that the sections. paraaraphs.
sentences. clauses and phrases of this code are severable. and if any phrase. clause.
sentence. paraaraph or section of this code shall be declared unconstitutional by the
valid iudament or decree of a court of competent iurisdiction. such unconstitutionality
shall not affect any of the remainina phrases. clauses. sentences. paraaraphs and
sections of this code. (Prior code & 1.5).
15.20.002 Definitions.
For the purpose of this chapter. unless otherwise expressly stated. the followina words
and phrases shall have the meaninas respectively ascribed to them by this section:
A. "Guestroom" means a sleepina room in a hotel/motel desianed and intended to be
used as lodainq for transient visitors to the city as documented by the city buildinq
official or his desiqnee.
B. "Hotel/motel" means any buildina or aroup of buildinas or facility. containina six or
more auestrooms. which is occupied or intended or desianed for occupancy by
transients for lodqina or sleepinq purposes for thirty davs or less and is held out as such
to the public. "Hotel/motel" does not mean any hospital. convalescent home or
sanitarium:
C. "Residential rental unit" means an apartment house. lodqina house. or dwellina
that is not owner occupied:
1
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D. "Toilet Room" means a room that can be made orivate bv lockinq a door that
contains a toilet and shall comolv in all ways with the California Buildinq Codes in effect
uoon its construction. Toilet rooms mav also contain lavatories. bathtubs or showers.
E. "Transient" as defined in CVMC Section 3.40.020
15.20.010 California Housing Code 1998 Edition and Uniform Housing Code 1997
Edition adopted I;ly reference.
There is hereby adopted by reference that certain document known and designated as
the California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition as
copyrighted by the International Conference of Building Officials. Said document is
hereby adopted as the housing code of the city of Chula Vista, California, providing for
the issuance of housing permits and providing the minimum requirements for the
protection of life, limb, health, property, safety and welfare of the general public and the
owners and occupants of residential buildings in the city of Chula Vista, and the
regulations, provisions, penalties, conditions and terms of said Califomia Housing Code
1998 Edition and Uniform Housing Code 1997 Edition are hereby referred to, adopted,
and made a part hereof, as though fully set forth herein, excepting such portions as are
hereinafter deleted, modified or amended.
(Ord. 2784-B 91,1999; Ord. 264591,1995; Ord. 2510 91,1992; Ord. 234491,1989;
Ord. 2159 9 1, 1986; Ord. 2046 9 1, 1983).
15.20.020 Section 201.1 amended to designate assistant director of building
and housing as building official.
Section 201 1 of the Uniform Housing Code, as it applies in Chula Vista, shall
read as follows:
Section 201 1 Authority The building official is hereby authorlzed and directed to
enforce all the provisions of this code. For such purpose, the building official shall
have the powers of a law enforcement officer
The building official shall have the power to render interpretations of this code
and to adopt and enforce rules and regulations supplemental to this code as may
be deemed necessary in order to clarify the application of the provisions of this
code. Such interpretations, rules and regulations shall be in conformity with the
intent and purpose of this code. The building official shall be the assistant
director of planning and building.
(Ord. 2784-8 g 1, 1999; Ord. 2645 g 1,1995; Ord. 2506 g 1, 1992; Ord. 2439 g 6,19912; Ord. 2344 g 1,
1989; Ord. 2046 g 1, 1983).
15.20.030 Section 203.1 amended to designate board of appeals and advisors as
housing advisory and appeals board.
,
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Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it applies
in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 203.1 General. In order to provide for reasonable interpretation of the
provisions of this code, to mitigate specific provisions of the code which create
practical difficulties in their enforcement and to hear appeals provided for
hereunder, there is hereby established a board of appeals and advisors
consisting of seven members who are qualified by experience and training to
pass upon matters pertaining to building construction, use and occupancy of
residential structures. The assistant director of planning and building shall be an
ex-officio member who shall not be entitled to vote and who shall act as secretary
to the board. The board of appeals and advisors shall be appointed by the mayor
and confirmed by the city council. The board shall render all decisions and
findings in writing to the assistant director of planning and building with a
duplicate copy to the appellant. Appeals to the board shall be processed in
accordance with the provisions contained in Section 1201 of this code or in
accordance with such procedures as may be prescribed by the city attorney of
the city of Chula Vista. The decision of the board is final. The board of appeals
and advisors shall recommend to the city council such new legislation deemed
necessary to govern construction, use and occupancy of residential structures, in
the city of Chula Vista.
(Ord. 2784-8 S 1, 1999; Ord. 2645 S 1, 1995, Ord. 2510 S 1, 1992; Ord. 2344 S 1,
1989).
15.20.040 Section 304 added to require annual housing permit.
Section 304, and the title precedent thereto, is added to the Uniform Housing
Code, as it applies in Chula Vista, which section shall read as follows:
Annual Housing Permit.
.
Section 304 1 It shall be unlawful for any person, firm, partnership, or
corporation, either for himself or itself, or for any other person, firm, partnership,
or corporation to own or operate an apartment house, lodging house or
hotel/motel without first obtaining a housing permit therefor
Section 304.2 The annual housing permit provided for in this code shall be due
and payable to the city of Chula Vista on the first day of January of each year in
advance. The housing permit fee shall be paid concurrently with the business
license fee.
Section 304.3 If any person, firm, partnership or corporation commences the
operation of an apartment house or hotel/motel during the calendar year, the
housing permit shall be prorated on a quarterly pro rata basis for the calendar
year
Section 3044 A permit to operate and maintain an apartment house or
hotel/motel is not transferable.
1 c.
c.
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(Ord. 2784-891, 1999; Ord. 2645 91, 1995, Ord. 251091, 1992; Ord. 2506 9 1,
1992; Ord. 2344 9 1, 1989; Ord. 2159 9 1, 1986; 2046 9 1, 1983).
15.20.050 Section 305 added to require housing permit fees to be set by
city's master fee schedule.
Section 305, and the title precedent thereto, is added to the Uniform Housing
Code, as it applies in Chula Vista, which section shall read as follows:
Housing Permit Fees - Residential rental units, Apartment Houses, Lodging
Houses, Hotels and Motels.
Section 305.1 The fee for a housing permit required by Section 304 of this code
shall be as presently designated, or as it may hereafter be amended, as set forth
in the master fee schedule of the city of Chula Vista.
For the purpose of this section, a "unit" shall mean each rental dwelling in an
apartment house, each sleeping room in a hotel, motel, and lodging house, and
each apartment and each hotel/motel sleeping room in a building containing both
apartments and hotel/motel sleeping rooms.
Separate residential rental units and separate hotel/motel building!!, or
combination thereof, located upon a single parcel of land or contiguous parcels of
land, under the same ownership, shall be treated as one apartment house, or
hotel, for the purpose of computing the fee prescribed by this section.
Section 305.2 Penalty for Delinquent Payment. If the housing permit is not paid
on or before the thirtieth day of the month following the date when it became due,
then a penalty in an amount equal to twenty-five percent of the permit fee due
and payable shall be added thereto, and no such permit shall be issued until
such penalty has been paid.
Section 305.3 The assistant director of planning and building shall cause to be
made such inspections, at such intervals, as shall be deemed necessary to
insure compliance with the provisions of this code.
(Ord. 2784-8 91,1999; Ord. 2645 91,1995, Ord. 2510 91,1992; Ord. 2344 91,1989;
Ord. 2159 91,1986; 2046 91,1983).
15.20.060 Section 306 added to require suspension or revocation of annual
housing permit where operation is nonconforming.
Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, lodging house, hotel
or motel is not being conducted in conformity with this code, the annual housing
'!:
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permit to operate shall be subject to revocation or suspension by the building
official.
(Ord. 2784-B S 1, 1999; Ord. 2645 S 1,1995, Ord. 2510 S 1, 1992).
15.20.070 Hotel/motel - Permit to Operate.
In addition to the requirements of CVMC 15.20.060. hotel/motels must have a Permit to
Operate as required bv CVMC Chapter 5.39.
15.20.80 Hotel/motel - Guestroom - Minimum reauirements.
No person or hotel/motel may offer for rent. use. or occupancy any questroom that
does not meet or exceed the foliowinq minimum equipment and amenities:
A. An American standard double size mattress or larGer made with 100% new material
restinG on a box sorinG and suooor!ed on a frame or oedestai and maintained in a sanitarv.
nondefective condition:
B. Clothes closet with clothes rod:
C. LUGGaGe rack or lUGGaGe suooor! counter:
D. Toilet room:
E. Lavatorv:
F. Bathtub or shower:
G. HeatinG and air conditioninG under Guest control:
H. Mirror securelv attached to a wall and with minimum dimensions of 12" x 12":
I. Securitv deadboit on the entrv door incorcoratinG no soeciai knowledGe oanic release
hardware and in comoliance with California Code of Civil Procedures Section 1941.3:
J. Solid core entrv door securelv mounted within its frame:
K. DoorGuard constructed of solid brass or stainless steel:
L. Door viewer with 160. view in all directions installed in the Guestroom entrv door:
. Exceotion:
1 SideliGht or window in close oroximitv to the door is aiso acceotable.
M. Twentv-four (24) hour free emerGencv teleohone access to the front desk and to 911
services:
N. A rate schedule for services oosted in each Guestroom in a consoicuous olace in
comoliance with California Code of Civil Procedures Section 1863:
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O. Insect screens on all ooerable windows:
P. Functionai lockino mechanisms on all ooerable windows and slidino olass doors in
comoliance with California Code of Civil Procedures Section 1941 .3:
a. Window cover/nos on each transoarentlv olazed window that orovlde for comoiete orivacv
when closed and that are free of holes. tears. and frayed areas. defined as in excess of a 1
inch SQuare combined total area. and that meet the California Title 19 reaulrements for fire
safety:
SECTION II. That Chapter 5.39 of the Chula Vista Municipal Code is hereby
established to read as follows:
5.39.020 Severability.
It is declared to be the intention of the city council that the sections, paragraphs,
sentences, clauses and phrases of this code are severable, and if any phrase, clause,
sentence, paragraph or section of this code shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this code.
5.39.030 Definitions.
For the purpose of this chapter, unless otherwise expressly stated, the following words
and phrases shall have the meanings respectively ascribed to them by this section:
A. "Calls for Service" includes but is not limited to any and all calls to emergency
services, (police, fire, medical) that result in a representative being dispatched or
directed to the hotel/motel. This shall include any calls for service within the surrounding
neighborhood that, through information or investigation, can be traced to the hotel/motel
staff and or registered guest(s) and/or visitor(s). Calls for service includes any self
initiated activity and/or investigation based on the observation(s) of an emergency
services representative.
B. "Drug-related arrests" include, but are not limited to, those that involve the
manufacture, cultivation, importation into the state, transportation, possession,
possession for sale, sale, furnishing, administering, or giving away, or providing a place
to use or fortification of a place involving, any controlled drug, narcotic or drug
paraphernalia.
C. "Guest" shall mean any person that occupies a guestroom.
D. "Guestroom" shall mean a sleeping room in a hotel/motel designed and intended to
be used as lodging as documented by the city building official or his designee.
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E. "Guestroom minimum requirements" shall mean those requirements as set forth in
CVMC 15.20.
F. "Hotel/motel" means any building or group of buildings or facility, containing
six or more guestrooms, which is occupied or intended or designed for
occupancy by guests for lodging or sleeping purposes and is held out as such to
the public. "Hotel/motel" does not mean any hospital, convalescent home or
sanitarium.
G. "Hotel/motel operation" means the occupancy of any guestroom or use of
any hotel/motel facility regardless of compensation or remuneration.
H. "Kitchen" shall mean a discrete area completely separate from the bathroom and
toilet room, containing a sink, refrigerator, and cooking appliance.
I. "Manager" means any person who, in connection with the activities of a hotel/motel,
manages the business's operations, including but not limited to the collection of rental
charges, issuing of keys, direction of maintenance personnel, assigning of rooms to
guests, and handling guest affairs and overseeing security The term shall also include
Resident Manager and Assistant Manager.
J. "Operator" means any person, who is the proprietor of any hotel/motel, whether in
the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee in
possession, manager or agent of any of the aforementioned, who offers and accepts
payment for rooms, guestrooms, sleeping accommodations, or board and lodging, and
retains the right of access to, and control of, the dwelling unit.
K. "Owner" shall mean any person, firm, association, partnership, or corporation, which
is the record owner of real property as listed on the last equalized assessment roll as
maintained by the San Diego County Assessor. It shall also mean any part owner, joint
owner, or lessor of the whole or part of the land or buildings situated thereon.
L. "Person" shall mean any natural person, firm, partnership, corporation, receiver,
trustee, estate trust, business trust, organization, or association.
M. "Prostitution-related arrests" include, but are not limited to, those that involve
prostitution or prostitution-related crimes such as, pimping or pandering, in violation of
Section 647(b), 315, 316, 653.22, and 653.23 of the California Penal Code.
N. "Toilet room" means a room that can be made private by locking a door that
contains a toilet and shall comply in all ways with the California Building Codes in effect
upon its construction. Toilet rooms may also contain lavatories, bathtubs or showers.
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5.39.040 Permit to Operate - Application deadline and fee.
The annual permit to operate shall be applied for to the City Manager, or his designee,
on a yearly basis by the operator of each hotel/motel. The deadline for submitting the
application shall be November 1, or, if this date falls on a Saturday or Sunday, on the
next business day of the City of Chula Vista. The application shall be submitted with a
processing fee, as identified in the City's master fee schedule. The permit shall be
issued or denied within 60 days. The first operating permit will be required as of January
1, 2008, and on a yearly basis thereafter.
In the event that a new hotel/motel operator applies for a permit during the year prior to
November 1, the permit will be issued or denied within 60 days. Any subsequent permit
may be applied for on November 1 of the following year and issued or denied within 60
days.
5.39.050 Permit to Operate - Application required - Contents.
All persons applying to the City Manager, or his designee, for a permit to operate a
hotel/motel shall file with the city Chief of Police, or his designee, a sworn application
with processing fee therefore on forms provided by the city and containing information
as follows:
A. Business license in accordance with Chapter 513 "Rental Businesses."
B. The name of the applicant and trade name, if any, of the business; the name of the
corporation and the name and address of its agent for service;
C The business name, address, and phone number of the hotel/motel, and the
emergency contact phone information for the hotel/motel.
D. The number of toilets in the hotel/motel.
E. The number of kitchens in the hotel/motel.
F. Proof of liability insurance, if applicable, including the carrier, policy number, agent's
name, address and phone number or a statement of self-insurance.
G. Annual inspection report, on the form(s) provided by the City, by an Environmental
Health Specialist registered with the California Department of Health Services, certifying
that the facility is in compliance with California public health requirements.
H. Transient occupancy tax bond if required by the city finance director. See Chapter
3.40.
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Any material misrepresentation in the application for the Permit to Operate a hotel/motel
or a failure to provide the required information shall be grounds for denial.
5.39.060 Permit to Operate - Grounds for Denial.
The permit to operate may be denied for any of the following reasons:
A. The applicant is unable to establish a degree of financial responsibility required
by CVMC Chapter 3 40 "Transient Occupancy Tax" or has an outstanding debt to
the city incurred under Section 3.40.090.
B. The hotel/motel property has an unabated Notice of Violation, in excess of thirty
(30) days, of the City Municipal Code that cites violations of the State of
California Housing Law
C Such other relevant facts as the chief of police, or his designee, may discover or
deem advisable or necessary in the course of the review of the application, such
as:
a. Drug-related arrests
b. Prostitution-related arrests
c. Calls for service
D Non-compliance with federal, state, and City Municipal Codes.
5.39.070 Permit to Operate - Denial - Appeal Hearing.
Whenever the City denies a Permit to Operate for a hotel/motel, as provided in this
chapter, the owner or operator of said hotel/motel shall have a right to a hearing to
appeal the denial in accordance with CVMC Chapter 1 40
5.39.080 Permit to Operate - Display.
The operator shall display the Permit to Operate in an open and conspicuous place on
the premises.
5.39.090 Permit to Operate - Non-transferability.
Each Permit to Operate issued pursuant to CVMC 5.39.030 through 5.39.170 shall be
separate and distinct from all others and shall not be transferable from the person, firm
or corporation to whom issued to any other person, firm or corporation. (Ord. 886 9 1,
1964, prior code 9 31.54).
When a change of operator occurs at an existing hotel/motel, the new operator shall
apply for a Permit to Operate within 10 business days of opening of escrow If the prior
operator's Permit to Operate for the hotel/motel was denied or revoked, a provisional
Permit to Operate may be issued with special conditions designated by the Chief of
Police or his designee.
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5.39.100 Permit to Operate - Report of changes to the application.
Whenever an owner sells or transfers title to, or assigns the lease of or subleases, a
hotel/motel, then the owner shall notify the city manager in writing within five (5)
business days of such transfer.
Every operator of a hotel/motel shall report any change in the information required by
CVMC 5.39.030 through ,5.39.170, including but not limited to any change in the
manager(s) and/operator(s) and/or owner(s) as defined in Section 5.39.030 (F), (G), (H)
to the chief of police in writing within five business days after the change has occurred.
A change in the information on the application is subject to review by the chief of police
and may be grounds for suspension or revocation of the Permit to Operate.
5.39.110 Permit to Operate - Revocation
The annual permit to operate shall be subject to revocation by the City Manager, or his
designee, and/or Chief of Police, or his designee, upon good cause shown that the
operation of the hotel/motel is such that it is or has negatively impacted the health,
safety and/or welfare of its guests or the residents or businesses of the neighboring
community by any of the following:
A. Non-compliance with Federal, State, and City Municipal Codes
B. Drug-related arrests
C Prostitution-related arrests
D. Calls for service
E. Any other conditions, problems, issues, concerns or facts that are deemed
relevant.
In processing a revocation the Chief of Police, or his designee, shall prepare an
investigation report that details the circumstances that have lead to the
revocation. It may include any or all of the following that are applicable:
1 Frequency or occurrence of violation(s), arrest(s), call(s) for
service;
2. Seriousness of the violation(s), arrest(s), call(s) for service; in
relation to its threat or impact upon public health, safety or welfare;
3. History of the violation(s), arrest(s), call(s) for service;
4. Good faith efforts taken by the responsible party to correct, reduce
and or alleviate violation(s), arrest(s), call(s) for service;
5. Any activity, action or effort taken by the responsible party to
obstruct or interfere with correction of the problem;
6. The impact of the violation(s), arrest(s), call(s) for service; on the
surrounding property and community;
7 The financial impact to the City.
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5.39.120 Notice of Hearing
Upon good cause shown in the Revocation Investigation Report issued by the Chief of
Police, or his designee, the City Manager, or his designee, shall issue a Notice of
Hearing for Revocation of Permit to Operate in accordance with CVMC 1.40 030 and
shall schedule a hearing before the hearing examiner in accordance with CVMC
1.40.020 (B).
5.39.130 Notice of Revocation of Permit to Operate
Upon confirmation and final decision issued by the hearing examiner, the Chief of
Police, or his designee shall, in addition to the requirements of CVMC 1 40.020 (H),
post a copy or copies of the Notice of Revocation of Permit to Operate at the
hotel/motel.
5.39.140 Notice of Revocation of Permit to Operate - Removal or Tampering with
Posted Notice
A posted Notice of Revocation of Permit to Operate may only be removed by an
authorized City official Any removal, covering, defacing, altering or tampering by
unauthorized person(s) may be prosecuted as a misdemeanor
5.39.150 Permit to Operate - Surrender following revocation.
Whenever a Permit to Operate has been revoked by the City, the operator of the
hotel/motel for which such permit was issued shall surrender such permit to the city
forthwith. The hotel/motel operation shall cease within 72 hours of the posting of the
Notice of Revocation of Permit to Operate in accordance with CVMC 5.39.140.
5.39.160 Permit to Operate - Reissue after revocation.
A Conditional Permit to Operate that is revoked shall not be reissued for a period of
three (3) years from the date of such revocation.
5.39.170 Violation - Penalty.
It is unlawful to operate a hotel/motel without a valid Permit to Operate or to fail to
comply with any of the requirements established by this chapter Violations of this
section shall be subject to enforcement by any and all remedies listed in Title 1 of the
Chula Vista Municipal Code, including a fine of up to $1,000 and/or six months in the
county jail.
SECTION III. This Ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
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p~~
Richard Emerson ....J
Chief of Police
;;;;;i&/b
Ann Moore r
City Attorney
ctor of Comm nity evelopment
-
erry
Chief of Fire
8-25
RESOLUTION NO.
RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO
INCLUDE A PERMIT-TO-OPERATE FEE FOR HOTELS AND MOTELS
WHEREAS the City of Chula Vista is committed to the health, safety and welfare of its
residents; and
WHEREAS it is also a high priority of the City Council to provide for the health, safety
and welfare of visitors to the City; and
WHEREAS it is the intent of the City Council to proactively establish local health, safety
and welfare standards for hotels/motels in the City of the Chula Vista that will help
create a vibrant and robust environment for the enjoyment of its tourists, visitors,
residents and businesses; and
WHEREAS each year motels/hotels within the City of Chula Vista will submit an
application to operate that will require staff time for review.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby amend Chapter VI of the master fee schedule to include the permit-to-
operate fee requirement for hotels and motels as set forth below:
F. HOTELS/MOTELS
1 Hotel/Motel Permit to Operate
A non-refundable fee shall accompany each hotel/mote permit as follows:
a. A fee of $70 for initial application and renewal.
b. An hourly rate of $70 for any applications that require more than an hour
of investigation.
Presented by
Approved as to form by
A"~~P
City Attorney
Richard Emerson
Chief of Police
8-26
Ji~~
Director of Planning and Building
of Com uniW Development
Perry
Chief of Fire
8-27