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Ordinance No. 972ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA AMENDING APPENDIX I, ZONING, OF THE CODE OF THE CITY OF CYPRESS, BY AMENDING SECTION 10.3 OF THE CYPRESS ZONING CODE TO ADD SUBSECTION L. ESTABLISHING OPERATIONAL STANDARDS AND PROVIDING LONG -TERM STAY PROVISIONS FOR HOTELS/MOTELS; AND BY AMENDING SECTION 16.9.A OF THE CYPRESS ZONING CODE TO ADD SUBSECTION 6. ESTABLISHING A PHASED IMPLEMENTATION SCHEDULE THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Cypress finds and determines as follows: A. Additional regulations are needed to ensure that all hotels /motels are operated in a manner that provides sufficient management oversight to protect the health, safety and welfare of both the hotel /motel guests and neighboring properties. B. Additional operational standards are needed to lessen the potential for illegal activities to occur within hotel /motel guest rooms. C. Hotels /motels are an important part of the local business economy by providing temporary lodging for tourist and business travelers. D. Local land use regulations and building codes for hotels /motels are not designed to allow their use as long -term housing. E. Long -term occupancy of hotel /motel guest rooms has created unsafe and dangerous living conditions. F. Additional regulations are necessary to ensure that transient lodging remains as the primary use of hotels /motels. G. Provisions are necessary to accommodate limited long -term stay in hotels /motels that are designed to include long -term stay guests without having detrimental effects. H. Existing hotels /motels that are not in compliance with the new regulations will need a reasonable amount of time to change their business operation and/or obtain the necessary conditional use permit to operate with limited long -term stay rooms. SECTION 2: Section 10.3 Performance standards: Commercial zones, is hereby amended by adding subsection L. to read as follows: L. The following standards shall be required for all hotels /motels: 1 Onsite management shall be available 24 hours a day, seven days a week. 2. Not less than weekly maid and housekeeping service shall be provided for each guest room. Maid and housekeeping service means basic cleaning including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels. 3. No hotel /motel room shall be rented more than once in a 24 hour period. 4. All hotels /motels shall maintain daily records reflecting the names and permanent addresses of hotel /motel guests, as verified by valid driver's license or other valid identification along with the license number, state of license, make, model and year of any guest's vehicle parked onsite or the corporate account information and guest names, the dates of occupancy, length of stay, and room rate. This registration information shall be maintained for at least one year past the last day of stay for each guest and shall be made available for review by any duly sworn peace officer of the City, State or Federal Government or any authorized official of the City's Code Enforcement or Finance Department during normal business hours. Any person who knowingly or intentionally misrepresents any material facts required in this subsection shall be deemed guilty of a misdemeanor. -1- aoo 5. As used herein, the term "long -term occupancy" shall be defined as any stay in a hotel /motel exceeding either thirty (30) consecutive days or sixty (60) days per calendar quarter. No hotel /motel shall permit any long -term occupancy of any room unless all the following conditions are met, in which case a maximum of 15% of the rooms may be rented for residential tenants subject to approval of a conditional use permit. a) In -room telephone service is provided for each long -term occupancy guest room. b) Each room rented for long -term occupancy shall be a minimum of 275 square feet. c) Each room rented for long -term occupancy shall contain a kitchenette (portion of the room containing any combination of facilities of sufficient size for the preparation of meals) or shall have onsite room service available. SECTION 3. Section 16.9.A. Uses, is hereby amended by adding subsection 6. to read as follows: 6. Hotels/Motels. In addition to and independent of any applicability of the foregoing subsections 1 through 5 to hotels /motels, each hotel /motel in any zone riot in compliance with subsection L of Section 10.3 shall be brought into compliance with subsection L of Section 10.3 in accordance with the following schedule: a. within one (1) year, compliance with all the standards set forth in clauses 1 through 4 of subsection L of Section 10.3; and b. within one (1) year, the number of guest rooms rented for long -term occupancy (as defined in clause 5 of subsection L of Section 10.3) in each hotel /motel shall not exceed 30% of the total number of guest rooms in the hotel /motel and such long -term occupancy guest rooms shall comply fully with subparagraphs (a) through (d) of clause 5 of subsection L of Section 10.3; and c. within two years (2) years, the number of guest rooms rented for long -term occupancy (as defined in clause 5 of subsection L of Section 10.3) in each hotel /motel shall not exceed 20% of the total number of guest rooms in the hotel /motel and such long -term occupancy guest rooms shall comply fully with subparagraphs (a) through (d) of clause 5 of subsection L of Section 10.3; and d. within three (3) years, the number of guest rooms rented for long -term occupancy (as defined in clause 5 of subsection L of Section 10.3) in each hotel /motel shall comply fully with clause 5 of subsection L of Section 10.3. SECTION 4: If any section, subsection, subdivision, sentence, clause or phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5: The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three (3) public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 8th day of December , 1997, and finally adopted and order posted at a regular meeting held on the 12th day of January 1998. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS YO OF T CITY OF CYPRESS I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress, held on the 12th day of January 1998; by the following roll call vote: AYES: NOES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCIL MEMBERS: None ABSTAINED: 0 ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: 3 None None CITY CLERK OF THE CITY OF CYPRESS