Legislation Details

File #: 25-037    Version: 1 Name:
Type: Informational Report Status: Agenda Ready
File created: 2/4/2025 In control: City Council
On agenda: 2/11/2025 Final action:
Title: URGENCY ORDINANCE TEMPORARILY SUSPENDING REQUIREMENTS IN THE HOTEL/MOTEL ORDINANCE (CMC CHAPTER 16.101) THAT INTERFERE WITH HOTELS AND MOTELS RENTING ROOMS TO INDIVIDUALS DISPLACED BY WILDFIRES IN LOS ANGELES COUNTY (FUNDING SOURCE: GENERAL FUND)
Attachments: 1. Proposed Urgency Ordinance

TO:                     CITY COUNCIL                                                               

 

FROM:                     ADAM PIRRIE, CITY MANAGER

 

DATE:                     FEBRUARY 11, 2025

Reviewed by:

City Manager: AP

                     

SUBJECT:

 

Title

URGENCY ORDINANCE TEMPORARILY SUSPENDING REQUIREMENTS IN THE HOTEL/MOTEL ORDINANCE (CMC CHAPTER 16.101) THAT INTERFERE WITH HOTELS AND MOTELS RENTING ROOMS TO INDIVIDUALS DISPLACED BY WILDFIRES IN LOS ANGELES COUNTY (FUNDING SOURCE: GENERAL FUND)

Body                     

 

SUMMARY

 

Since January 7, 2025, a series of devastating wildfires ignited across Southern California. The fires have burned over 57,000 acres, destroyed or damaged over 18,000 structures, and tragically resulted in at least 27 deaths, with many individuals still missing. Thousands of residents of Los Angeles County have been displaced because of the fires, either through mandatory evacuation orders or through the loss of their homes to the fires.

 

Hotels and motels in Claremont can provide lodging for a number of families who cannot return to their homes as a result of the fires. The City’s Hotel/Motel Ordinance codified in Chapter 16.101 of the Claremont Municipal Code establishes a number of registration requirements and a thirty-day limit for stays in Claremont hotels/motels (with exceptions for hotels/motels that have conditional use permits allowing long-term stays).

 

On January 27, 2025, Governor Gavin Newsom issued Executive Order N-14-25, temporarily allowing displaced individuals to remain classified as short-term (or transient) occupants rather than tenants when they stay beyond thirty days. In support of this Executive Order, and to allow stays of longer than thirty days in Claremont hotels/motels for families impacted by the January 2025 wildfires, the City Council may adopt an Urgency Ordinance, temporarily suspending the thirty-day limit on hotel/motel stays and other requirements that interfere with hotels and motels renting rooms to individuals displaced by the fires.

 

 

 

RECOMMENDATION

 

Recommended Action

Staff recommends the City Council:

A.                     Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 36934 AND 36937 TEMPORARILY SUSPENDING REQUIREMENTS IN THE HOTEL/MOTEL ORDINANCE (CMC CHAPTER 16.101) THAT INTERFERE WITH HOTELS AND MOTELS RENTING ROOMS TO GUESTS DISPLACED BY WILDFIRES IN LOS ANGELES COUNTY; and

B.                     Find this item is exempt from environmental review under the California Environmental Quality Act (CEQA).

Body

 

ALTERNATIVE TO RECOMMENDATION

 

In addition to the recommendation, there is the following alternative:

 

•                     Request additional information.

 

FINANCIAL REVIEW

 

Hotel/motel stays in Claremont of thirty days or fewer are subject to a ten percent Transient Occupancy Tax (TOT). During the period Section 3 of Executive Order N-14-25 is in effect, guests impacted by the wildfires who stay at Claremont hotels/motels for more than thirty days would be subject to the TOT for the entire duration of their stay.

 

The staff cost to prepare this report and administer this program is estimated at $500 and is included in the operating budget of the Administrative Services Department.

 

ANALYSIS

 

Since January 7, 2025, a series of devastating wildfires ignited across Southern California. The fires have caused significant loss of life, displacement of residents, and widespread property damage and destruction, including homes, businesses, and critical infrastructure.

 

Authorities of impacted jurisdictions issued mandatory evacuation orders for communities directly threatened by the advancing wildfires. These orders required residents to leave their homes immediately for their safety. Over 212,000 residents have been displaced from their homes due to the fires.

 

On January 27, 2025, the Governor of the State of California issued Executive Order N-14-25 that, among other things, suspends rules that could deter hotels and motels rentals from offering shelter to families displaced by the wildfires for more than thirty days. In support of this Executive Order, and to allow displaced persons who stay in local hotels/motels to extend stays beyond thirty days, the City Council may adopt the proposed Urgency Ordinance.

 

Section 16.101.020(B)(1) of the City’s Municipal Code establishes a limit on hotel/motel stays to thirty days or fewer, unless a hotel/motel has applied for and been granted a Conditional Use Permit (CUP) to provide for an exception to this limit. To date, only two establishments have an approved CUP with this exception - Hotel Casa 425 and the Residence Inn by Marriott, which is under construction. Chapter 16.101 also imposes registration requirements for hotel guests that the Federal Emergency Management Agency (FEMA) and at least one local motel report have resulted in the motel needing to decline to rent rooms to individuals and families displaced by wildfires. For example, many displaced individuals and families fled their homes without the identification documents and/or credit card needed to rent a hotel or motel room in Claremont. (See CMC § 16.101.040(B)(2)-(3).)   

 

The proposed Urgency Ordinance would temporarily allow the other hotels/motels in Claremont to rent to individuals and families displaced by the January 2025 wildfires for periods longer than thirty days and would temporarily suspend any other requirements in Chapter 16.101 that are interfering with local hotels and motels renting rooms to guests displaced by the recent fires. The Urgency Ordinance is proposed to remain in effect until thirty days after the expiration of Executive Order N-14-25, which is currently set for March 8, 2025, meaning the Urgency Ordinance would expire on April 7, 2025. It is possible the Governor’s Executive Order is extended, which means the term of the Urgency Ordinance could also be extended. The term of the proposed Urgency Ordinance would be dependent on the term of the Executive Order, so no further action would be required on the part of the City Council to extend or terminate the term of the Urgency Ordinance if the Executive Order is extended or expires.

 

Adoption of the Urgency Ordinance requires a four-fifths (4/5) vote of the City Council, and the Urgency Ordinance would go into effect immediately upon adoption.

 

LEGAL REVIEW

 

The City Attorney has reviewed and approved the proposed Urgency Ordinance.

 

RELATIONSHIP TO CITY PLANNING DOCUMENTS

 

Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds that it applies to the following City Planning Documents: Council Priorities.

 

CEQA REVIEW

 

The adoption of this Urgency Ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment.

 

PUBLIC NOTICE PROCESS

 

The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk’s Office.

 

Submitted by:                     

 

Adam Pirrie                     

City Manager                     

 

Attachment:

Proposed Urgency Ordinance