The purpose and intent of this chapter is to protect and promote the public health, safety, and welfare of employees and customers of lodging establishments and the community at large by conveying deemed approved status to all existing lodging establishments and requiring adherence to performance standards intended to prevent public nuisance. The objectives of this chapter are as follows:
A. 
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;
B. 
To ensure that lodging establishments adhere to public health and safety standards and that guests are provided with safe and sanitary accommodations;
C. 
To ensure that each lodging establishment is operated safely in a manner that discourages nuisance and criminal activity;
D. 
To provide ongoing monitoring of lodging establishment activities to ensure that the activities do not substantially change over time;
E. 
To ensure that the operations of existing lodging establishments are not a source of undue public nuisance or visual blight; and
F. 
To protect surrounding residential, commercial, industrial, or civic areas and minimize the negative impact of nonconforming or incompatible uses.
This chapter confers deemed approved status on the effective date of this ordinance to all existing permitted, conditionally permitted, and legal nonconforming, lodging establishments; provides standards for the continued operations of these businesses; establishes grounds for termination of deemed approved status for lodging establishments violating this chapter; and provides a hearing process to review the violations of these standards.
(Ord. 5083 § 2, 2019)
"Deemed approved activity"
means any existing permitted, conditionally permitted, or legal nonconforming, lodging establishment activity. Such activity shall be considered a deemed approved activity effective date as long as it complies with the deemed approved performance standards established in this chapter.
"Deemed approved status"
means the permitted use of land for a deemed approved activity. Deemed approved status replaces legal nonconforming status for lodging establishment activities and remains in effect as long as the business complies with the deemed approved provisions and performance standards of this chapter. Lodging establishments having permitted or conditionally permitted status shall retain such status provided, however, that these lodging establishment activities are further subject to the deemed approved performance standards to the extent that these standards are not already included in applicable conditions of approval.
"Emergency Housing Placement Program"
means a program whereby a city or county contracts with an organization whose scope of work is to serve individuals or families; by providing access to overnight accommodations at a lodging establishment to people experiencing homelessness, at risk of experiencing homelessness, recently homeless, people for whom providing rental assistance will prevent homelessness, or people having a high risk of housing instability.
"Lodging establishment" or "establishment"
means a place of business that provides overnight accommodations regardless of the length of stay. This shall include hotels, motels, bed and breakfast establishments or any other temporary lodging establishments regardless of the length of stay of any guest or tenant. This does not include single-or multi-family residences, single room occupancy hotels, institutional or group care facilities, or group quarters.
"Lodging establishment activity"
means the provision of overnight accommodations to persons in exchange for the payment of valuable consideration.
"Service Provider"
means an agency that provides outreach services, housing navigation, domestic violence services, rapid rehousing, housing placement, housing retention and other support services for individuals experiencing homelessness or who are at-risk of homelessness.
(Ord. 5136 § 20, 2023)
A. 
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.
B. 
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.
(Ord. 5083 § 2, 2019)
All lodging establishments that were legal nonconforming activities, conditionally or otherwise permitted immediately prior to the effective date of this chapter shall automatically become deemed approved lodging activities as of the effective date of this chapter and shall no longer be considered legal nonconforming activities. Each such deemed approved lodging activity shall retain its deemed approved status as long as it complies with the standards in section 17.212.070.
(Ord. 5083 § 2, 2019)
A. 
Management operations
1. 
A staff person, caretaker or resident manager or other responsible person shall be available in person 24 hours per day at each lodging establishment in which there are 12 or more rooms.
2. 
A caretaker or resident manager shall be available by phone 24 hours per day at each lodging establishment in which there are 11 or fewer rooms.
3. 
The name, phone number, and address of the responsible person shall be posted conspicuously in an area that is generally available to the public.
4. 
The telephone number and address for the City of El Cajon code compliance office shall be posted in a prominent location in the reception area.
B. 
Registration requirements
Each lodging establishment shall comply with the El Cajon Municipal Code chapter 9.25 Hotel, Motel and Lodging House Registration Regulations.
C. 
Security measures
1. 
Each guestroom shall be equipped with an operable dead bolt lock on the swinging entry door of the room.
2. 
Each connected door between two rooms that share a common wall shall be equipped with two dead bolt locks, separately operable without a key on each side of the door; or two separate doors, each with a dead bolt lock only operable without a key from the room-side of the door.
3. 
All windows designed to be opened shall have an operable window security or locking device.
4. 
Each room shall have privacy coverings such as shades, draperies, or blinds on all windows.
D. 
Minimum property standards
1. 
All common interior and exterior areas shall be maintained in a sanitary condition free of garbage and debris.
2. 
The property shall be maintained in accordance with El Cajon Municipal Code section 15.16.130 Standards of maintenance and repair.
3. 
Any graffiti shall be removed in accordance with El Cajon Municipal Code chapter 9.70.
4. 
All parking lots, adjacent public sidewalks, walkways, and exterior areas shall be swept or cleaned regularly and maintained free of litter and debris.
5. 
Exterior lighting shall be provided and maintained in working order to adequately illuminate parking lots, walkways, and areas of public access.
6. 
All designated landscape areas shall be maintained with properly trimmed, fertilized, and watered living plant materials free of litter or debris.
7. 
Directional signs shall be posted as necessary to ensure that emergency personnel can find guest rooms.
8. 
All containers used for the storage of trash, garbage, or recycled materials and placed on the exterior of the building shall be kept locked and maintained in a sanitary condition.
E. 
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.
1. 
Each guest room shall be maintained by regularly occurring maintenance and routine cleaning to provide a clean and sanitary space free from garbage, rodents, or vermin.
2. 
Housekeeping and cleaning services shall be provided at a minimum weekly and in between guests. Where housekeeping is provided on a weekly basis, guests must have access to additional clean linens and a dumpster or bin for emptying room trash cans on a daily basis or as needed.
3. 
Rooms with private bathrooms shall have a functioning toilet, sink, and shower or bathtub.
4. 
Hot and cold running water shall be provided for all plumbing facilities.
5. 
Room furnishings including mattresses and furniture shall be free of stains, holes, rips, or odors in excess of normal wear and tear, and shall further be free and clear of bed bugs, fleas, lice, and other similar vermin.
6. 
Room linens, drapes, or blinds shall be free of stains, holes, rips or odors in excess of normal wear and tear.
7. 
Bathroom fixtures shall be maintained without significant cracks, chips, or stains. Bathroom facilities must be maintained in working order.
8. 
Carpeting or flooring, walls, and ceilings shall be free of stains, holes, cracks, chips, or odors in excess of normal wear and tear, and shall further be free and clear of bed bugs, fleas, lice, and other similar vermin.
F. 
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.
G. 
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.
H. 
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.
I. 
Emergency housing placement program requirements.
1. 
Prior to participating or continuing to participate in an emergency housing placement program, the caretaker or resident manager shall do the following:
a. 
Sign an affidavit acknowledging the requirements and standards contained within this Chapter on a form approved by the Community Development Department; and
b. 
Complete human trafficking training offered by CSA San Diego County, or similar human trafficking training provider, as approved by the Director of Community Development. Proof of completion shall be submitted to the Community Development Department.
2. 
The caretaker or resident manager of the emergency housing shall submit a monthly report to the Community Development Department listing the number of individuals participating in the Program, the duration of their stay, and the name(s) of the program service provider(s) implementing the Program.
(Ord. 5083 § 2, 2019.; Ord. 5136 § 21, 2023)
A. 
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.
B. 
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.
C. 
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.
D. 
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.
(Ord. 5083 § 2, 2019)
As a result of an inspection, or upon the city's receipt of a complaint from the public, police department, city official or any other interested person that a deemed approved lodging establishment activity is in violation of the operational standards set forth in this chapter, the following procedure shall be followed:
A. 
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.
B. 
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.
C. 
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.
D. 
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:
1. 
The length of time the activity has been out of compliance with the operational standards.
2. 
The impact of the violation of the operational standards on the community.
3. 
Any information regarding efforts to remedy the violation of the operational standards.
E. 
"Efforts to Remedy" shall include, but are not limited to:
1. 
Timely calls to the police department that are placed by the owner or operator of the establishment, or by his or her employees or agents.
2. 
Requesting that those persons engaging in activities causing violations of the operational standards and/or conditions of approval cease those activities, unless the owner or operator of the activity, or his or her employees or agents feels that their personal safety would be threatened in making that request.
3. 
Making improvements to the establishment's property or operations to address performance standards.
F. 
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.
G. 
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.
H. 
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.
(Ord. 5136 § 23, 2023)
The planning commission may conduct public hearings and make determinations on whether lodging establishments are in compliance with conditions of approval or deemed approved performance standards prescribed in these regulations, and may modify, suspend, or revoke an establishment's conditional use permit or deemed approved status in order to obtain the compliance of the particular establishment with the provisions of this chapter. This section is not intended to restrict the powers and duties otherwise pertaining to other city officers or bodies in the field of monitoring and ensuring the harmony of lodging establishment activities in the city. The planning commission shall have the powers and duties assigned to them by the El Cajon Municipal Code and by this chapter.
(Ord. 5083 § 2, 2019)
A lodging establishment's deemed approved status may be suspended, modified or revoked by the planning commission after holding a public hearing in the manner prescribed in Chapter 17.25 for failure to comply with the performance standards set forth in section 17.212.070. Notice of such hearing by the planning commission at which it will consider the modification, suspension or revocation of an establishment's deemed approved status shall be in writing and state the grounds therefore. Notice shall be mailed by first-class mail and certified mail return receipt requested at least 10 days before the date of the hearing.
(Ord. 5083 § 2, 2019)
Upon revocation of a lodging establishment's deemed approved status, the planning commission may choose to impose additional conditions of approval on the use of the establishment, or may proceed to revoke the conditional use permit in accordance with section 17.35.030. Upon revocation of a lodging establishment's deemed approved status, the lodging establishment activity must cease any and all lodging establishment activity until the property owner has applied for and received approval of a conditional use permit.
(Ord. 5083 § 2, 2019)
The City shall notify the owner and/or operator of a lodging establishment of the activity's deemed approved status. The notice shall be sent by first-class mail and certified mail return receipt requested to the address shown on the city business license and any property owner at the address shown on the county assessor's property tax assessment records and shall include a copy of the performance standards in this chapter. This notice shall also provide that the activity is required to comply with all performance standards, and that the activity is required to comply with all other aspects of the deemed approved regulations. Should the notice be returned, then the notice shall be sent via regular mail. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the activity.
(Ord. 5083 § 2, 2019)
A. 
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.
B. 
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.
C. 
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.
(Ord. 5083 § 2, 2019)
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases may be declared invalid.
(Ord. 5083 § 2, 2019)