Claremont City Zoning Code
CHAPTER 16
101 HOTELS/MOTELS
§ 16.101.000 Intent.
The general purpose of these regulations is to address nuisance activity that often occurs in and around hotels/motels and use a collaborative approach to both proactively prevent and, when necessary, reactively abate the activity. The intent is to promote the health, safety, comfort, convenience, prosperity, and general welfare by requiring that businesses that offer shelter to visitors, transient guests, and other residents provide a minimum level of cleanliness, quality, and security.
(23-01)
§ 16.101.010 Definitions.
For the purpose of this chapter, unless the context clearly requires otherwise, the words and phrases defined in this section shall have the following meanings:
shall mean the City's Director of Community Development or his, her, or their designee.
shall mean any person who is authorized to enter a hotel/motel room and who the hotel/motel operator has provided with a hotel/motel room key.
shall mean, exclusively, any one of the following documents issued by a government agency: (1) a current passport or passport card; (2) a current driver's license; (3) a current non-driver identification card; (4) current military identification. To be accepted by the operator of a hotel/motel, an identification document must include a photograph of the guest presenting it that the operator recognizes as a photograph of the guest. For avoidance of doubt, any document that is represented by a guest to be one of the above documents, but which does not include a photograph, or does not include a photograph that the operator of the hotel/motel recognizes as the photograph of the guest, is not an acceptable identification document.
shall mean a hotel that allows guests to rent rooms for terms that exceed the maximum length of stay limitations in this chapter. These establishments as defined are sometimes referred to as "extended-stay hotels," such as Residence Inn by Marriott Hotels or Extended Stay America.
shall include owners and managers of a hotel/motel and their agents and employees.
(23-01)
§ 16.101.020 Maximum length of stay.
A.
A hotel/motel shall be used only for transient occupancy. No person shall utilize a hotel/motel as his or her primary residence, except a resident manager of the hotel/motel. A hotel/motel may include one dwelling unit for use as a resident manager's unit.
B.
All guest rooms shall be used only for short-term, overnight accommodations for guests. Unless a hotel/motel has obtained a conditional use permit in accordance with Chapter 16.303 authorizing longer-term stays, the length of time any guest occupies any hotel/motel room shall not exceed the following limits:
1.
Maximum consecutive length of stay: 30 consecutive calendar days; and
2.
Maximum cumulative length of stay: 60 cumulative calendar days in any 180 consecutive calendar day period.
If a guest room(s) is (are) rented, let, or otherwise provided to any guest for the maximum time periods allowed by this section, then the hotel/motel shall not rent, let, or otherwise provide any other guest room to the guest in a manner that results in the guest's stay at the hotel/motel exceeding these limits. A hotel/motel shall not allow a guest to change rooms in an attempt to evade these limits on maximum length of stay. |
C.
One of the purposes of these maximum length of stay limits is to ensure that hotels/motels regularly clean and maintain their guest rooms and do not allow guests' belongings to accumulate in an unsafe or unsanitary manner. Hotels/motels shall not permit guests to store their belongings in their guest rooms after checking out. Before a new rental term begins, hotels/motels shall ensure that all of the prior guests' belongings have been removed and the guest room is clean and in a good state of repair.
(23-01)
§ 16.101.030 Minimum length of stay.
A.
Hotels. Unless a hotel has obtained a conditional use permit in accordance with Chapter 16.303 authorizing shorter-term stays, the minimum rental term for a guest room in a hotel must be sufficient for at least one overnight stay.
(23-01)
§ 16.101.040 Requirements for all hotels/motels.
The requirements listed in this section shall apply to every hotel/motel in the City. The general purpose of these requirements is to proactively prevent and reactively address certain criminal activity, including prostitution and human trafficking.
A.
Room Rental Rates. Unless a hotel/motel has obtained a conditional use permit in accordance with Chapter 16.303 authorizing shorter-term rental rates, no operator of a hotel/motel shall accept an hourly rate or any increment less than the rate for at least one overnight room rental (hereafter "day use rates"). In addition to the findings and requirements set forth in Chapter 16.303, the decision-making body shall not approve a conditional use permit for day use rates unless it makes all of the following findings:
1.
The hotel/motel is in full compliance with this chapter.
2.
The hotel/motel does not have a history of criminal or nuisance activities on site that could be exacerbated by day use rates, such as prostitution and/or human trafficking.
3.
The use of day use rates at this location is unlikely to result in criminal or nuisance activities or otherwise be detrimental to the health, safety, or welfare of the community.
B.
Guest Register and Check-In Procedures
1.
Contents of Guest Register. The hotel/motel operator shall keep a register that includes all of the following:
a.
The full name of each guest;
b.
Each guest's date of birth;
c.
The permanent address of each guest, if any;
d.
The identification number from the identification document the guest used to check in (e.g., the driver's license number) and the issuing jurisdiction (e.g., state or country) for the identification document;
e.
The dates of occupancy (including the day, month, year, and hour of the guest's check-in and check-out times);
f.
The room number or letter (or other identifying symbol if guest rooms are not numbered or lettered);
g.
The room rate;
h.
The make, model, and license plate number of any vehicle that the guest will park in the hotel/motel's parking area(s); and
i.
A signature of the representative of the operator who examined the identification document(s) presented and attestation that he, she, or they examined the identification document(s) and confirmed that the photograph is that of the guest.
2.
Scanned Identification Documents. No hotel/motel operator shall allow a guest to occupy a guest room for any period of time without first scanning or otherwise making a digital copy of the guest's identification document(s).
3.
Credit or Debit Card. No hotel/motel operator shall allow a guest to occupy a guest room for any period of time without first obtaining a valid credit or debit card in the guest's name (as opposed to a prepaid card) from the guest who is paying for the room and confirming that the name on the card matches the name on the guest's identification document(s). If the guest is not using the credit or debit card to pay for the room (e.g., the guest is paying with cash), the hotel/motel operator must confirm the validity of the credit or debit card with the card issuer. Notwithstanding the foregoing, this requirement shall not prevent hotels/motels from renting a guest room to a guest who is paying for the room with voucher from a governmental agency or a bona fide nonprofit entity.
4.
Exception for Digital Check-Ins. With advance approval of a conditional use permit in accordance with Chapter 16.303, an operator of a hotel/motel may obtain a waiver of one or more requirements in paragraphs (1)(i), (2), and/or (3) of this Section 16.101.040(B) to allow the hotel/motel to offer a digital check-in option, such as an electronic check-in kiosk or a "digital key" that allows guests to check in to the motel and access their guest room key on their mobile device. In addition to the findings and requirements set forth in Chapter 16.303, the decision-making body shall not approve a conditional use permit for digital check-ins unless it makes all of the following findings:
a.
The hotel/motel is in full compliance with this chapter.
b.
The hotel/motel does not have a history of criminal or nuisance activities on site that could be exacerbated by digital check-ins, such as prostitution and/or human trafficking.
c.
The use of digital check-ins at this location is unlikely to result in criminal or nuisance activities or otherwise be detrimental to the health, safety, or welfare of the community.
5.
Bookings by a Responsible Agent. This Section 16.101.040(B) shall not prevent hotels/motels from allowing a responsible agent to reserve guest rooms on behalf of an organized group (e.g., sport teams, companies, associations, etc.), provided each of the group's guests who are staying in the hotel/motel's guest rooms comply with this section.
6.
Retention of Guest Records. Every motel operator shall keep and preserve the register and any and all other records required by this section for a period of not less than four years. During the retention period required by this subsection, no person shall alter, deface, or erase the register and any and all other records required by this section so as to make the information recorded therein illegible or unintelligible.
7.
Inspection of Guest Records. The guest register must be made available to City Personnel in accordance with Section 16.101.040(L) below.
C.
Transient Occupancy Tax. Transient occupancy tax (TOT) shall be paid for each occupied guest room in a hotel/motel pursuant to Municipal Code Chapter 3.28.
D.
Parking by Permit Only
1.
Parking Permits Required. Except as otherwise provided in this section, it shall be unlawful for any person to stand or park any vehicle in a hotel/motel's parking area unless a parking permit issued by the motel is displayed on the vehicle. A hotel/motel shall not issue a parking permit to any person who is not a guest of the hotel/motel, or an employee of the hotel/motel, or a contractor of the hotel/motel when the contractor is on site for official business. For guest vehicles, a hotel/motel shall not issue a parking permit unless the guest has provided all of the information and documents required by Section 16.101.040(B) above.
2.
Implementation of Permit Parking System. The Director is authorized to establish rules and procedures to produce signs, forms and other materials necessary or appropriate to implement the provisions of this section.
3.
Enforcement of Parking Permit Requirements. The hotel/motel shall be responsible for monitoring its parking areas and enforcing the requirements of this section. Failure to enforce the requirements of this section is a violation of this chapter.
4.
Exceptions
a.
This requirements of this section shall not apply to any authorized emergency vehicle, City vehicle, or vehicle owned by a public utility when such vehicle is being used for official business, or to any vehicle used for collection or delivery of United States mail.
b.
This requirements of this section shall not apply to any hotel/motel that provides secured parking for guests behind a fence, gate, or similar structure in accordance with plans approved by the Director.
E.
Video Surveillance
1.
Video Surveillance Requirement. Every operator of a hotel/motel shall install and maintain in good working order closed-circuit television (CCTV) recording cameras sufficient to maintain continuous visual coverage of all entry points, common areas, and all parking areas.
2.
CUP Exception for Parking Areas Only. The requirement to install and maintain CCTV recording cameras in parking areas may be modified or waived through approval of a conditional use permit in accordance with Chapter 16.303.
3.
Surveillance Footage Retention and Inspection. The video footage from CCTV recording cameras must be maintained by the motel for a minimum of 90 days before it is erased or overwritten. Surveillance footage must be made available to City personnel in accordance with Section 16.101.040(L) below.
F.
Security of Guest Rooms
1.
Guest Room Locks. Hotels/motels shall install and maintain an operable deadbolt lock on each main swinging entry door of a guest room. The deadbolt lock shall be installed in accordance with the manufacturer's specifications and shall comply with applicable state and local codes including, but not limited to, those provisions relating to fire and life safety and accessibility for people with disabilities. This section shall not apply to horizontal sliding doors.
2.
Viewports. Each exterior door to a guest room shall have a viewport or window convenient to the door. Properties with fire resistive construction rated ("fire rated") doors, at the time of the adoption of the ordinance codified in this chapter, are exempt from this provision to the extent that installing a viewport would negatively affect the fire rating.
3.
Connecting Doors. Each door connecting two guest rooms that share a common wall shall be equipped with a functional deadbolt lock.
4.
Window Locks. All windows designed to be opened shall have an operable window security or locking device. Louvered windows, casement windows, and all windows more than 12 feet vertically from the ground are excluded from this subdivision, except where the window is within eight feet horizontally of a roof or any other platform area.
G.
Cleanliness
1.
Mattress Condition/Cleanliness. Mattresses shall be free of stains, holes, rips, and/or odors in excess of normal wear and tear, and maintained in a sanitary, non-defective condition (e.g., without broken springs, indentations, sags, etc.).
2.
Linen Condition/Cleanliness. Where provided by the operator, linens shall be free of stains, holes, rips, and/or odors in excess of normal wear and tear and shall be cleaned at change of occupancy or at least once every three days during a guest's stay and if requested by the guest.
3.
Bathroom Condition/Cleanliness. Bathroom fixtures (e.g., toilet, bathtub, sink, mirror) shall be maintained without significant cracks, chips, and/or stains. Floors shall be washed and sanitized at change of occupancy and/or before a new rental term begins. The operator shall maintain daily cleaning schedules of all occupied rooms, including daily trash service (required) and replacement of dirty towels at least once every three days and if requested by the guest.
4.
Carpet Condition/Cleanliness. Carpeting shall be free of stains, holes, rips, and/or odors in excess of normal wear and tear, and maintained in a sanitary, non-defective condition.
5.
Floor Condition/Cleanliness. With the exception of carpeting as noted above, floor surfaces shall be made of nonabsorbent material. All surfaces and tile grouting shall be maintained without cracks, rips, and/or missing elements.
6.
Wall Condition/Cleanliness. Wall surfaces shall be maintained without spots, stains, flakes, chips, holes, and the like and maintained in a clean and sanitary condition.
7.
Mold/Mildew. All surfaces, including fixtures and carpeting and flooring, shall be free from mold, mildew, and/or bubbling conditions.
8.
Water Leakage/Water Stains. All fixtures shall be maintained without leaks or drips. Water damage shall be repaired within 30 days of detection. A guest room with water damage shall not be rented until the water damage is repaired.
9.
Furniture Condition. All furniture items provided by the hotel/motel shall be maintained in proper working order.
10.
Condition of Shades/Draperies/Blinds. Shades, draperies, blinds, and other window coverings shall be free of stains, holes, rips, and/or odors in excess of normal wear and tear, and maintained in a sanitary, non-defective condition.
11.
Vector Control. The premises shall be kept clean in every part and free from accumulation of garbage, rubbish, rodents, vermin, and other unsanitary matter.
H.
Room Furnishings
1.
Privacy. Privacy coverings such as shades, draperies, or blinds shall be appropriately hung to cover all windows.
2.
Room Light. An active, fully functional light switch shall be located at the entry to the guest room.
3.
Bathroom Fixtures. Private bathrooms shall have a functioning toilet and sink, and a functioning shower and/or bathtub. This section should not be construed to prevent a sink from being placed in a guest room that does not have full bathroom facilities.
4.
Shared Bathroom Facilities. Guests in facilities with shared bathrooms shall have access to a functioning toilet and sink, and a functioning shower and/or bathtub. Shared showering or bathing areas shall be able to be securely locked from the inside. Separate facilities shall be provided for men and women or the facilities shall be able to be locked for individual use. Signs shall be posted indicating that "Children under 12 years of age who use this shared bathroom must be accompanied by a parent or guardian at all times."
5.
Hot/Cold Water. Hot and cold running water shall be provided for all plumbing facilities.
6.
Telephone Rates. Telephone rates shall be posted in every room that has a private phone and be adhered to by management.
7.
Clothes Storage. Storage space shall be provided in good working order for hanging clothes and/or storing personal belongings.
I.
Exterior of Property
1.
Windows. Exterior window glass shall be without cracks, chips, and/or holes. Aftermarket tint material applications on windows are prohibited.
2.
Exterior screens, if present, shall fit the window opening completely and shall be in good repair without rips, holes, or tears.
3.
Exterior Lighting. Please reference Claremont Municipal Code Chapter 16.136, Parking, Loading, and Transportation Demand Measures.
6.
Landscaping. All areas on the property designated for landscaping, such as lawns, planter beds, and other unsurfaced locations, shall be maintained with properly trimmed living plant materials in accordance with an approved landscaping plan and without collecting litter or debris. Please reference Claremont Municipal Code Chapter 8.22, Maintenance of Commercial Landscaping, and Chapter 16.131, Water Efficient Landscape Requirements.
7.
Directional Signs. Directional signs shall be posted as appropriate to ensure that emergency personnel can find guest rooms in a timely manner. Please reference Claremont Municipal Code Title 18, Signs.
J.
Common Areas
1.
Elevators. Guest service elevators shall be fully functional and pass appropriate agency inspections. The name and telephone number of the inspection agency shall be posted in all elevators. Elevators shall be operational on a 24 hour-a-day basis.
2.
Hallway Lighting. Any hallway or lobby area or other common public space shall be maintained in a sanitary condition, free of garbage or debris, and shall be illuminated with proper lighting that is in compliance with the California Building Code.
3.
Upon request, the hotel/motel must make any common areas and/or parking areas of the hotel/motel available to any member of the Claremont Police Department or the City of Claremont Building and Safety Division for the purpose of determining that the provisions of this chapter are met. Refusal to allow such inspection immediately is a violation of this chapter.
K.
Lost or Abandoned Property. Any property left in a guest room by a person or party that has checked out shall be removed by the operator of the hotel/motel and stored or otherwise disposed of in accordance with applicable laws.
L.
Inspections. To ensure ongoing compliance with this chapter and any other federal, state, or local laws and regulations, the City of Claremont's Building and Safety Division, Planning Division (including Community Improvement), Police Department, and/or City Attorney (collectively, "City Personnel") may require periodic inspections of a hotel/motel's premises, records (including any required guest register), and/or surveillance footage. Nothing in this section shall prevent City Personnel and a hotel/motel operator from working together to schedule an inspection at a mutually agreeable date and time to minimize disruption to the hotel/motel's business and operations.
1.
Except as otherwise provided in this section, City Personnel shall serve a written inspection notice on the operator by either first class mail or personal service at least 30 calendar days prior to the inspection date. If notice is served by first class mail, it is deemed served three days after it is deposited in the mail. If notice is hand delivered, it is deemed served immediately upon receipt.
2.
The inspection notice shall contain the following information: (1) the name, business address, and business telephone number of the City Personnel who will be conducting the inspection; (2) the purpose of the inspection; (3) the date and approximate time of the inspection; and (4) notice of the right to seek pre-compliance administrative review of the inspection notice.
3.
The operator may object to the inspection notice by seeking pre- compliance administrative review by the City Manager or his/her/their designee. Pre-compliance administrative review shall be sought at least 10 calendar days before the inspection date provided on the inspection notice.
4.
Notwithstanding the above, an inspection notice is not necessary if:
a.
The operator of the hotel/motel consents to the inspection of the hotel/motel's premises, records, and/or surveillance footage and/or the guest consents to the inspection of his, her, or their individual guest room;
c.
The inspection is being conducted in response to exigent circumstances, such as a reasonable belief that the area being inspected is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety; and/or
d.
The inspection is limited to parts of the hotel/motel's premises that are open to the public for conditions that City Personnel can observe in plain view, such as the hotel/motel's parking lot and lobby.
(23-01)
§ 16.101.050 Additional requirements for long-term stay hotels.
No long-term stay hotel may be established or operated except as specifically permitted by a conditional use permit approved pursuant to Chapter 16.303.
The following requirements shall apply to every long-term stay hotel in the City:
A.
A long-term stay hotel shall be specifically designed and operated to primarily accommodate long-term guests whose length of stays vary from several days to a month or more.
B.
The hotel shall be of an architectural and visual quality and character, which harmonizes and enhances the surrounding area.
C.
Fireproof safety deposit boxes must be available to all of the occupants.
D.
All guest rooms shall provide wireless computer connections.
E.
The hotel shall provide a business/conference center with private or semi-private work spaces, wireless service, telephones, and access to a fax machine and photocopier.
(23-01)
§ 16.101.060 Amortization of legal nonconforming conditions.
Notwithstanding Chapter 16.400, conditions that existed as of the effective date of Ordinance No. 2023-01 ("effective date") and that were legal and fully conforming to all state and local laws, codes, and regulations immediately prior to the effective date, but which do not conform to this chapter, must to be brought into compliance with this chapter by the following deadlines:
A.
For changes in hotel/motel operations: within 90 days of the effective date; and
B.
For changes that require physical improvements to the property and/or structures: within one year of the effective date.
A hotel/motel may file a written request for an extension of these amortization periods. The Director may grant a request for an extension if he/she/they find: (1) the extension will not pose a risk to the public health, safety, or welfare; and (2) the hotel/motel has exercised diligence in making progress towards bringing the nonconforming condition into compliance with this chapter. A hotel/motel may request more than one extension, but the maximum cumulative length of any single extension or combination of extensions is one year. The Director's decision on a request for an extension is appealable in accordance with Chapter 16.321. |
(23-01)
§ 16.101.070 Enforcement.
A.
Criminal Fines and Penalties
Any person responsible for violating any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney and/or district attorney. Upon conviction, the person shall be punished as prescribed in Chapter 1.12.
B.
Administrative Fines and Penalties
Whenever an officer charged with the enforcement of any provision of this municipal code determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with Chapter 1.14.
C.
Separate Offenses for Each Day
Any person responsible for violating this chapter shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, permitted, or caused by such person and shall be punished accordingly.
D.
Public Nuisance and Lien on Property
Any use or condition caused, or permitted to exist, in violation of any provision of this chapter and/or state or federal law shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available at law. In accordance with Chapter 1.15, the City may also collect any fee, cost, or charge incurred in the abatement of such nuisance by making the amount of any unpaid fee, cost or charge a lien against the property that is the subject of the enforcement activity.
E.
Red Light Abatement Action
If there is reason to believe that a hotel/motel is used for the purpose of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution, then the City Attorney may bring an action pursuant to California's Red Light Abatement Law, California Health and Safety Code Section 11125, et seq., to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee, or agent of the building or place, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting it.
F.
Civil Action
In addition to any other enforcement permitted by the City's zoning and/or municipal codes, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.
G.
Permit and/or License Revocation
Any violation of this chapter may result in revocation of the hotel/motel's use permit and/or business license.
Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in this section shall prevent the City from initiating civil, criminal or other legal or equitable proceedings as an alternative to any of the proceedings set forth above.
H.
Liability for Expenses
In addition to the punishment provided by law, a person responsible for violating this chapter 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.
(23-01)
§ 16.101.080 Oversight and reporting.
A.
The City Manager or his/her/their designee shall establish a City Interdepartmental Team (CIT) comprised of City staff from multiple departments, including, but not limited to, the Building and Safety Division, the Planning Division (including Community Improvement), the Police Department, and the City Attorney's Office to proactively identify and address criminal and nuisance activity at hotels/motels. The CIT shall also include at least one member of the community who is impacted by hotels/motels, such as a member of the community who resides or works near a hotel/motel.
B.
The CIT shall conduct ongoing outreach to members of the community who may be impacted by hotels/motels. The City's website shall include a process for reporting feedback on hotels/motels.
C.
The CIT shall prepare reports of any findings it makes regarding nuisance and criminal activity at hotels/motels. The CIT shall post its reports on the City's website quarterly and shall provide a report to the City Council annually.
(23-01)