El Cajon City Zoning Code

To improve and maintain the quality of the City's transient lodging through the enforcement of minimum standards and the advancement of responsible operations of these lodging establishments;

To ensure that lodging establishments adhere to public health and safety standards and that guests are provided with safe and sanitary accommodations;

To ensure that each lodging establishment is operated safely in a manner that discourages nuisance and criminal activity;

To provide ongoing monitoring of lodging establishment activities to ensure that the activities do not substantially change over time;

To ensure that the operations of existing lodging establishments are not a source of undue public nuisance or visual blight; and

To protect surrounding residential, commercial, industrial, or civic areas and minimize the negative impact of nonconforming or incompatible uses.

The deemed approved lodging establishment regulations shall apply to all legal nonconforming, conditionally, or otherwise permitted hotels, motels, or bed and breakfast places of business within the city. This shall apply to all hotels, motels, or businesses established as temporary lodging businesses regardless of the length of stay of any guest or tenant. This does not apply to residences where rooms are rented. This chapter applies to all lodging establishments as defined in section 17.212.030.

Whenever any regulation or law or condition of approval is more restrictive than these regulations, the more restrictive or higher standard shall control unless otherwise expressly described in this chapter.

Management operations

Registration requirements

Each lodging establishment shall comply with the El Cajon Municipal Code chapter 9.25 Hotel, Motel and Lodging House Registration Regulations.

Security measures

Minimum property standards

Maintenance and Housekeeping

The maintenance and housekeeping provisions shall apply to all lodging establishments which provide shelter, furniture, linens and housekeeping services within guest rooms and throughout the property. These provisions shall not apply to permanent residential facilities wherein the owner is responsible only for shelter but does not provide furniture, linens or housekeeping services.

Nuisance activity

The deemed approved lodging establishment activities shall not result in nuisance activities on the property or contribute to nuisance activities in close proximity to the property. Nuisance activities may include, but are not limited to, disturbance of the peace, illegal drug activity, prostitution, drinking in public, harassment of passersby, gambling, trafficking in stolen goods, public urination, theft, assault, battery, vandalism, illegal parking, excessive noise, traffic violations, curfew violations, lewd conduct, or excessive police detentions or arrests.

Transient Occupancy Tax

In accordance with Chapter 3.44 of Title 3 of the El Cajon Municipal Code, each establishment must maintain records and remit transient occupancy tax to the city following the close of each calendar quarter.

Compliance with laws

Each lodging establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, the Uniform Housing Code, Building Code, Fire Code, and all other provisions of the Municipal Code.

Emergency housing placement program requirements.

The City shall conduct regular inspections of all businesses subject to the regulations specified in this chapter. The City Manager or designee is authorized to allow the acceptance of satisfactory ratings conferred by recognized, independent agencies in lieu of a City inspection, provided that the independent inspection is based upon performance and facility standards equal to or in excess of the standards set forth in this chapter.

The officials responsible for enforcement of the El Cajon Municipal Code or other ordinances of the city or their duly authorized representatives may enter on any site or into any structure open to the public for the purpose of investigation provided they shall do so in a reasonable manner whenever they have cause to suspect a violation of any provision of this ordinance or whenever necessary to the investigation of violations to the conditions of approval, operational standards, or deemed approved performance standards prescribed in these regulations.

Upon a showing of probable cause by the officials responsible for enforcement of the El Cajon Municipal Code, the officials responsible for enforcement shall request of the owner or agent and the occupant, permission to inspect the rooms and facilities, and/or the production of guest registers and other records necessary to determine compliance with all applicable regulations, including, but not limited to, building, fire, health, occupancy, and zoning codes, and to verify collection and payment to the City of all taxes owed.

If an owner, occupant or agent refuses permission to enter, inspect or investigate, premises, including guest registers, which are not open to the public, the officials or their representatives may seek an inspection warrant under the provisions of California Code of Civil Procedure section 1822.50 et seq. All such inspections shall be conducted in compliance with the Fourth Amendment to the United States Constitution.

An enforcement officer shall assess the nature of the complaint and its validity by conducting an onsite observation and inspection of the premises to assess the activity's compliance with operational standards and/or conditions of approval.

If the enforcement officer determines that the activity is in violation of the operational standards, the enforcement officer shall give written notice of the violation to the owner and/or operator of the establishment and seek to remedy the violation by (1) requesting a meeting to discuss the violation, (2) requesting a correction plan detailing the means to remedy, or (3) under the city's administrative citation procedures contained in Chapter 1.14 of this code. The first notice of violation shall be given in accordance with section 1.14.040 of this code. If, however, the enforcement officer, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may, in lieu of following the administrative citation procedure, refer the matter directly to the planning commission for a hearing at which the establishment's deemed approved status may be suspended, modified or revoked.

Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of Chapter 1.14 of this code, unless otherwise expressly provided by this chapter. If the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to Chapter 1.14, the hearing officer may, in addition to exercising all powers designated in Chapter 1.14, make a recommendation to the planning commission to suspend, modify or revoke the establishment's deemed approved status if in the judgment of the hearing officer, based upon information then before him or her, such action is necessary to ensure compliance with this chapter.

If a hearing before the planning commission is conducted on a potential violation in the manner prescribed in this chapter, it shall determine whether the activity is in compliance with the operational standards. Based on this determination, the planning commission may suspend, modify or revoke the activity's deemed approved status. In reaching a determination as to whether a use has violated the operational standards, or as to the appropriateness of suspending, modifying, or revoking of a conditional use permit, or the imposition of additional or amended conditions on a use, the planning commission may consider the following:

"Efforts to Remedy" shall include, but are not limited to:

Criminal or nuisance activity.

The deemed approved lodging establishment activities shall not result in criminal or nuisance activities on the property or contribute to criminal or nuisance activities in close proximity to the property. Criminal or nuisance activities may include, but are not limited to, disturbance of the peace, illegal drug activity, prostitution, discharging firearms, drinking in public, harassment of passersby, gambling, trafficking in stolen goods, human trafficking, homicide, public urination, theft, assault, battery, vandalism, illegal parking, excessive noise, traffic violations, curfew violations, lewd conduct, or excessive police detentions or arrests.

Criminal or nuisance activities shall not result in more than one call for service to the Police Department and Fire Department per room on an annual basis. The City shall retain the right to recover its costs for all calls for service to the Police Department and Fire Department in excess of one call per room on an annual basis by way of the city's nuisance abatement procedure.

The decision of the planning commission shall be final and conclusive, unless appealed in writing to the city council within 10 days of planning commission action.

At any time during a violation proceeding or after revocation of a lodging establishment's deemed approved status, the property owner or an applicant with the property owner's consent may apply for a conditional use permit.

Any person violating any of the provisions of this chapter or who causes or permits another person to violate any provision of this chapter may be charged with either an infraction or a misdemeanor, and shall be subject to the provisions of the general penalty clause as set forth in section 1.24.010 of this code.

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 these regulations shall be and is declared to be a public nuisance and may be abated as such by the City.

Nothing in this chapter shall be construed to prevent the city of El Cajon from pursuing any and all other legal remedies that may be available, including, but not limited to, civil actions filed by the city attorney seeking any and all appropriate relief such as civil injunctions and penalties.