HomeMy WebLinkAbout06/22/2018 02 Hotel & Motel Definitions; Zoning OrdinanceBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 2.
For Meeting of: June 22, 2018
ITEM TITLE: Consideration of potential definitions of Hotel & Motel for Zoning
Ordinance
SUBMITTED BY: Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager (509) 575-6042
SUMMARY EXPLANATION:
At the June 5, 2018 City Council meeting, staff was directed to bring zoning definitions for
"Hotels & Motels" for discussion at the June 19, 2018 City Council meeting. At the June 19,
2018, Council meeting, this item was postponed to a special meeting.
The requested review of definitions for Hotel uses was in addition to the Council also directed an
Ad Hoc community group to discuss the issues of temporary worker housing. The Council
expressed concern about the lack of a zoning definition for hotels in Yakima. Staff has provided
the requested pertinent information in the attached report.
If Council provides direction on the specifics of a requested Hotel & Motel definition, a public
hearing can be scheduled.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Economic Development
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Provide direction to staff
BOARD/COMMITTEE RECOMMENDATION:
ATTACHM E NT S :
Description Upload Date
O memo 6/14/2018
O Yakima valley tourism letter 6;20/2018
Type
Cover Memo
Cover Memo
2
3
MEMORANDUM
To: Honorable Mayor Coffey and Members of the Yakima City Council
From: Joan Davenport, Community Development Director
Joseph Calhoun, Planning Manager
Date: June 19, 2018
Subj: Motel/ Hotel Definitions
1. Background Information:
The City of Yakima Zoning Ordinance, YMC Title 15, does not currently have a definition for
Motel/Hotel. Since 2002, the City of Yakima has permitted the construction/renovation of 7 new
hotels, some of which include extended stay offerings to guests as part of their operation.
Despite not having a definition, the proposals were permitted as hotels in accordance with YMC
§ 15.02.020, based on the "ordinary accepted meaning within the context with which they are
used.
11
Motels and Hotels are currently allowed in several commercial zoning districts, as follows:
SR
R-1
R-2
R_3
B-1
B-2
H
SCC
LCC
AS
C
CD
RD,
M-2
Metes ,end Hatels
2
Note, that in all zones except SCC where hotels/motels are allowed they are allowed w.th a
Type 1 review, which is an administrative review with no notice to adjacent landowners. In the
SCC, a Type 2 review is required that does provide notice and an opportunity to comment to
surrounding landowners.
On June 5, 2018, Council moved to direct staff to bring different drafts of a text amendment
defining specific definitions for Hotel/Motel to the June 19, 2018 council meeting.
2. Current Hotel/Motel definition examples:
Washington State defines "Hotels, Lodging House, Etc." as:
"Any building held out to the public to be an inn, hotel or public lodging house or place
where sleeping accommodations, whether with or without meals, or the facilities for
preparing the same, are furnished for hire to transient guests, in which three or more
rooms are used for the accommodation of such guests, shall for the purposes of this
chapter and chapter 60 64 RCW, or any amendment thereof, only, be defined to be a
hotel, and whenever the word hotel shall occur in this chapter and chapter 60,64 RCW,
or any amendment thereof, it shall be construed to mean a hotel as herein described."
(RCW 19.48.010).
4
In YMC 11.13 (Buildings and Safety Code) there is a definition of hotel for purposes of the
building safety code for apartments and hotels, adopted by the City Council in 1973 and
updated in 1979. That definition is as follows:
"Hotel" means any building, more than one story in height, containing four or more guest
rooms designed to be used for sleeping purposes, and includes accommodations known
as motels, tourist courts, motor lodges and similar accommodations which meet the
definition of this section; provided, "hotel" does not include any jail, hospital, asylum,
sanitarium, orphanage, prison, detention home or other institutions in which human
beings are housed and detained under legal restraint.
Finally, staff reviewed how several cities in Washington State define the use (see Appendix A
for complete list).
A. City of Seattle
"Lodging use" means a commercial use in which the primary activity is the provision of rooms
to transients. Lodging uses include but are not limited to the following uses:
1. "Bed and breakfast" means a lodging use where rooms within a single dwelling unit
are provided to transients by a resident operator for a fee by prearrangement on a
daily or short-term basis. A breakfast and/or light snacks may be served to those
renting rooms in the bed and breakfast.
2. "Hotel" means a lodging use located in a structure in which access to individual
units is predominantly by means of common interior hallways, and in which a
majority of the rooms are provided to transients for a fee on a daily or short-term
basis.
3. "Motel" means a lodging use located in a structure in which access to individual
units is predominantly by means of common exterior corridors, and in which a
majority of the rooms are provided to transients on a daily or short-term basis, and
in which off-street parking is provided on the lot.
4. "Short-term rental" means a lodging use that is not a bed and breakfast, hotel, or
motel, in which a dwelling unit, or portion thereof, is offered or provided to a
guest(s) by a short-term rental operator for a fee for fewer than 30 consecutive
nights. A dwelling unit, or portion thereof, that is used by the same person for 30 or
more consecutive nights is not a short-term rental. A dwelling unit, or portion
thereof, that is operated by an organization or government entity that is registered
as a charitable organization with the Secretary of State, State of Washington,
and/or is classified by the Internal Revenue Service as a public charity or private
foundation, and provides temporary housing to individuals who are being treated
for trauma, injury, or disease, and/or their family members, is not a short-term
rental.
Yakima already has a definition of bed and breakfast, as follows: "a residential structure
providing individuals with lodging and meals for not more than thirty days. For home
occupations, such uses are limited to having not more than five lodging units or guest rooms.
5
Seattle's "short term rental" definition is intended to cover vacation rentals through platforms
such as AirBnB and VRBO where people rent out rooms, their apartments or their whole house
to travelers. The City of Yakima does not have a definition or regulations for such vacation
rentals and that was not part of the Council's directive to staff.
Seattle's definitions of hotel and motel provide that a majority of rooms are to be available to
transients for daily or short-term use. Transient (although not defined in the Seattle code)
means something other than a resident—a temporary use of the property. Short term is also
undefined in the code. Generally speaking, undefined terms have their ordinary meanings. As
such, a majority of the rooms in a hotel must be used for accommodations for people for a short
period of time—they can't be there as their permanent residence. The main difference between
the two is the set-up of the building.
In both of these situations, a majority of the rooms must be set aside for short-term transient
accommodations.
B. City of Auburn
The City of Auburn specifically contemplates extended stay accommodations in its definition of
hotel. Extended stay hotels are a growing market, and Yakima is no exception as there are two
new extended stay hotels in progress. Auburn's definition of hotel is as follows:
"Hotel" means any building containing six or more guest rooms intended or designed to
be used, or which are used, rented, or hired out to be occupied, or which
are occupied for sleeping purposes by guests, and includes additional amenities such as
banquet halls and meeting facilities. Hotels include but are not limited to motels and
extended stay hotel accommodations. Hotels do not include renting of rooms,
boardinghouses, or bed and breakfast accommodations
This definition contemplates guest rooms and traditional amenities at hotels. The definition also
specifically states that motels and extended stay hotels fall under the definition. It then
specifically states that renting a room to someone would not fall under such definition, nor would
boarding houses or bed and breakfasts.
Yakima has definitions for boarding houses and bed and breakfasts, so putting language similar
to Auburn's in a definition could make clear that if a building falls under the definition of a
boarding house that it cannot be a hotel. Further, the definition does not allow renting rooms in
a landlord/tenant type of relationship to people and calling the business a hotel.
There are some possible local issues associated with ensuring that hotels do not provide rooms
for rent for Extended Stay uses. There are some businesses that are licensed as hotels that
rent rooms by the month. In some cases they may rent rooms by the month to the same people
for extended periods of time—thus renting rooms more like residences than transient
accommodations. Any evaluation of the definition of hotels may want to look at how the change
in definition would affect those businesses.
C. City of Pasco
We point out the City of Pasco's ordinance because staff has used Pasco as an example of a
City that has migrant and H2A housing within the City at a former hotel/motel. Pasco's definition
6
is very broad and encompasses traditional hotels/motels, extended stay hotels, and hotels used
as month to month residencies. It states as follows:
"Hotels or motels" means any commercial establishment offering lodging to travelers and
sometimes to permanent residents.
Such a definition would encompass all aspects of hotels and motels, including the use of them
for month to month tenancies for people who are unable to find other rental opportunities. This
definition would allow permanent residences within hotels and motels even though they may not
have all of the amenities required in dwellings (such as kitchens). It also allows longer-term
stays and the ability to use hotel/motel accommodations for permanent residents.
3. Planning Commission recommendation
The Planning Commission created and recommended the following definition of hotel/motel
during its review of congregate living and in its March 28, 2018 recommendation to Council:
"Motel/Hotel" means a commercial establishment offering transient lodging or lodging
and meals to the general public for compensation. Accessory uses to Motel/Hotels may
include restaurants, meeting rooms or recreational facilities.
This definition requires that the commercial establishment offers transient lodging to the general
public for compensation. Transient would have its general dictionary definition if there was a
question of whether an application met the definition of "motel/hotel." Unlike some other
examples, this example did not indicate how many units constituted a motel/hotel, nor does it
make any statement about extended stay accommodations.
4. Extended Stay
If the Council wishes a "Hotel" definition that excludes Extended Stay uses, that should be
added to the definition of Hotel. And a definition of Extended Stay Hotels of more than 30 days
would need to be added to the Zoning Ordinance. This would require a new land use category
to be added to Table 4-1.
Extended Stay;
Next Steps:
City Council can combine any of these definitions, use the definition proposed by the Planning
Commission, or direct staff to create a new definition, which may include language specific to
extended stay (more than 30 days), or other types of accommodations. Staff will then draft an
Ordinance specifying the new proposed definition based on council feedback, after which the
Council will need to schedule the matter for an open record public hearing. After adoption, the
Ordinance will be effective 30 days after publication.
7
Appendix A
The following examples come from several cities in Washington State, both eastern and
western, and are presented as information and options for council to consider. Like Yakima,
there are cities that do not have a definition. Cities that define the use range from a single
sentence to a broad scope including numbers of units, length of stay, and/or the inclusion of
other amenities.
1. Spokane
No definitions in zoning code for hotel or motel.
Spokane does regulate short term rentals for less than 30 days in a dwelling unit—such as an
AirBnB or VRBO rental.
2. Walla Walla
No definitions in zoning code for hotel or motel.
However, Walla Walla does have a code section that applies to short term rentals. This section
addresses the AirBnB and VRBO situations where dwellings are used for short term vacation
rentals. Walla Walla also has code sections addressing bed and breakfasts specifically.
3. Vancouver
No definitions in zoning code for hotel or motel.
4. Pasco
"Hotels or motels" means any commercial establishment offering lodging to travelers and
sometimes to permanent residents. (Ord. 4369, 2017)
5. Wenatchee
"Hotel" means a building or portion thereof designed or used as a commercial establishment
offering lodging to persons with the rental of six or more units for sleeping purposes. A central
kitchen, dining room(s), shops and services available to hotel guests and the general public are
common and ordinary accessory activities.
"Motel" means a building or group of buildings where lodging is available in six or more separate
rooms to guests for compensation and providing parking for automobiles adjacent to the
lodging. Said building or group of buildings include, but are not limited to, tourist court, motor
lodge, auto court, cabin court, motor inn, and similar terms.
6. Spokane Valley
Hotel/motel: A building in which there are six or more guest rooms where lodging with or without
meals is provided for compensation, and where no provision is made for cooking in any
individual room or suite. See "Lodging, use category."
8
7. Everett
"Hotel" means a facility offering transient lodging accommodations on a daily rate to the general
public which may also provide incidental services such as restaurants, meeting rooms or
recreational facilities.
"Motel" means a building providing transient lodging with parking conveniently located to each
unit, which may also include incidental uses such as meeting rooms, restaurants, etc.
8. Kent
Hotel means any building containing six (6) or more guestrooms which are intended or designed
to be used or which are used, rented, or hired out to be occupied or which are occupied for
sleeping purposes by guests.
Motel, including hotel and motor hotel, means a building or group of buildings comprising
individual sleeping or living units for the accommodation of transient guests for compensation.
9. Auburn
"Hotel" means any building containing six or more guest rooms intended or designed to be
used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping
purposes by guests, and includes additional amenities such as banquet halls and meeting
facilities. Hotels include but are not limited to motels and extended stay hotel accommodations.
Hotels do not include renting of rooms, boardinghouses, or bed and breakfast accommodations
(Ord. 6245 § 3, 2009, Ord. 4229 § 2, 1987.)
"Motel" or "motor hotel" means a group of buildings containing individual sleeping or living units,
designed for use by automobile tourists or transients, with garage attached or parking
space conveniently located to each unit. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)
10. Bellevue
Hotel/Motel. A building or portion thereof designed or used to provide transient lodging of six or
more units in any building or more than 20 percent of the units comprising a development. A
central kitchen and dining room and accessory shops and services catering to the general
public can be provided. Institutions housing persons under legal restraint or requiring medical
attention or care, bed and breakfasts and boarding houses are not included within the scope of
this definition. (Ord. 5301, 6-18-01, § 3)
11. Bellingham
"Hotel" means a building, other than a motel, providing lodging with or without meals for the
public and especially for temporary guests, but which does not have cooking facilities in
individual rooms.
"Motel" means a building or group of buildings containing rooms where lodging with or without
meals is provided for compensation. Cooking facilities may be installed, provided no more than
10 percent of the motel units contain complete cooking facilities, and cooking facilities in the
remaining units are limited to a "countertop range" with no oven. Motels shall be designed to
accommodate the automobile tourist or transient; daily maid service shall be provided, and
parking facilities must be provided convenient to each guest room.
9
12. Kennewick
Hotel means a facility offering transient lodging accommodations on a daily rate to the general
public and may include additional services, such as restaurants, meeting rooms, and
recreational facilities. (See Transient accommodations). Note, Transient Accommodations
definition was repealed 2007)
Motel means a building or group of detached buildings designed or used primarily for
providing sleeping accommodations for automobile travelers and having a parking space
adjacent to a sleeping room.
13. Lynnwood
"Apartment hotel" means a building providing accommodations for transient guests in which at
least 50 percent of the gross habitable floor area is devoted to dwelling units.
14. Seattle
"Lodging use" means a commercial use in which the primary activity is the provision of rooms
to transients. Lodging uses include but are not limited to the following uses:
5. "Bed and breakfast" means a lodging use where rooms within a single dwelling unit
are provided to transients by a resident operator for a fee by prearrangement on a
daily or short-term basis. A breakfast and/or light snacks may be served to those
renting rooms in the bed and breakfast.
6. "Hotel" means a lodging use located in a structure in which access to individual
units is predominantly by means of common interior hallways, and in which a
majority of the rooms are provided to transients for a fee on a daily or short-term
basis.
7. "Motel" means a lodging use located in a structure in which access to individual
units is predominantly by means of common exterior corridors, and in which a
majority of the rooms are provided to transients on a daily or short-term basis, and
in which off-street parking is provided on the lot.
8. "Short-term rental" means a lodging use that is not a bed and breakfast, hotel, or
motel, in which a dwelling unit, or portion thereof, is offered or provided to a
guest(s) by a short-term rental operator for a fee for fewer than 30 consecutive
nights. A dwelling unit, or portion thereof, that is used by the same person for 30 or
more consecutive nights is not a short-term rental. A dwelling unit, or portion
thereof, that is operated by an organization or government entity that is registered
as a charitable organization with the Secretary of State, State of Washington,
and/or is classified by the Internal Revenue Service as a public charity or private
foundation, and provides temporary housing to individuals who are being treated
for trauma, injury, or disease, and/or their family members, is not a short-term
rental.
June 20, 2018
Yakima Valley Tourism
10 North eh Street
Yakima, WA 98901
T: 509-575-3010
F: 509-575-6252
800-221-0751
www.visityakima.com
TO: Mayor Coffey and Council
City of Yakima
FROM: John Cooper,
President and CEO
RE: Definitions for Hotels and Lodging
RVCEIVED
CITY OF YAKIMA
JUN 2 0 2018
OFFICE OF CITY COUNCIL
To sustain and grow tourism in Yakima, it is important we clearly identify what is a
hotel/lodging in the municipal code and zoning, and ensure that our keystone lodging
properties remain for their intended purposes: as lodging facilities that primarily serve
the traveling public.
Keystone properties are the hotels that form the critical lodging mass that serve
visitors. To lose one or more of them to non -lodging functions could cause a serious
economic ripple and affect our ability to attract visitors. These keystone hotels are
located primarily in the downtown core and near the Interstate, though others along
North First and one being built on Nob Hill are important to the mix. From a zoning
stand point, they are in the Central Business District, Regional Development and
General Commercial Districts of the city. We must ensure that the vast majority of
lodging properties in these districts serve transient visitors. Giving definition to a
hotel/motel is one step in that process.
The state (and others) refer to transient guests when defining hotels and other
lodging. Merriam Webster defines a transient as "a person passing through or
by a place with only a brief stay or sojourn i.e. transient visitors." As for
guest, Merriam Webster states a guest is "A person who pays for the services
of an establishment (such as a hotel or restaurant)." Simply put, a transient
guest is a person who pays to stay in a place for only a short time.
Then how do we define brief stay or short time? In the lodging industry it is
typically 30 days or less, which is a barometer used by the state for collection
of lodging taxes.
There is a difference between an extended stay hotel and someone staving in
a hotel or motel for an extended period.
11
Extended stay hotels are first and foremost hotels. It is an industry brand.
Most guests staying at these properties are staying Tess than 30 days, but
they also cater to corporate travelers and others that need to stay longer.
Extended stay branded hotels also accept daily travelers. Outside of extended stays,
regular hotels and motels offer longer stays when space permits, but usually that is
not their primary purpose.
The first extended stay branded hotel was the Ledgestone Hotel that opened in 2008
with 110 rooms. The second extended stay hotel in Yakima will be My Place Hotel,
opening by the Greenway at Sarg Hubbard park this summer or early fall. It will have
64 rooms. Their corporate website clearly defines their purpose: "Each of our
properties is designed to meet the demands of today's traveler through easy check-
in, friendly staff, and modern rooms... All My Place Hotel locations have affordable
nightly, weekly and monthly rate options! Business and leisure travelers know that
our quality and value...allows our guests to enjoy the comforts of home." Words like
traveler and guests cover the intent of their market focus and purpose.
Extended Stay America is one of the largest, extended stay lodging chains in the
U.S., with some 700 properties. On their website they define their lodging options as
such: "Whether you are on a temporary assignment, transitioning to a new home, or
remodeling an existing home, picking the right temporary housing is critical."
These properties have a limit of four people and use one king, queen or two double
beds. There are no single beds and they only allow up to four guests to a room.
Specific to the handout staff provided June 19th, I believe the City of Seattle
definitions should be our model. I would recommend amending those definitions to
clarify "majority of rooms," maybe with language that states vast majority or a
numerical number that reflects that. Otherwise, the word "majority" could be
construed to be 51% and could cause mix uses that negate the property being a
hotel.
The Auburn definition is acceptable but "guests" should be better clarified, maybe call
them "transient guests." The Pasco definition is too vague plus expands the use
beyond what a hotel is meant to be. I recommend not using that definition.
Tourism is a vital industry to Yakima and creates jobs. Visitors to the region spend
more than $400 million each year, the industry employs 3,850 people plus generates
$37 million in state and local taxes. The city uses lodging taxes from visitors to pay
for bonds and operation of City owned facilities like the Yakima Convention Center
and Capitol Theatre. Sales taxes generated by guests at hotels go into the general
fund for all public services, from police to parks. Sustaining our lodging inventory is
not only important to the visitor, it is crucial to the City's budget.
c.c. Cliff Moore, City Manager
Distributed at
Meeting
ORDINANCE NO. 2018 -
AN ORDINANCE of the City of Yakima, Washington, adopting a six-month
moratorium on the establishment of or conversion from any use, or
part of a use, to an "extended stay" hotel or motel, or the approval
of any new hotel or motel offering "extended stay" use, with
attendant moratorium on the filing and acceptance of development
applications for, and the location of, and issuance of permits and
approvals for, land uses that consist of or include extended stay
hotel or motels or a portion of a building to become or be converted
to such a use; directing development of comprehensive zoning and
business regulations pertaining to extended stay hotels and/or
motels; and providing that the moratorium shall be in effect for six
months, through December 21, 2018.
WHEREAS, RCW 36.70A.390 and RCW 35.63.200 authorize the City Council to
adopt an ordinance imposing a moratorium and provide a process for public hearing which
must be held within sixty days of the date of adoption of the moratorium; and
WHEREAS, the City Council finds and determines that the City of Yakima needs
time to consider additional zoning regulations, definitions, health and safety regulations,
and business licensing regulations which would deal specifically with the location, design,
construction, maintenance and operation of "extended stay" hotels and/or motels, or
operation of part of such a hotel or motel as extended stay, and time to determine
appropriate definitions for the terms "hotel" and "motel," within the City of Yakima; and
WHEREAS, there are no definitions of "hotel" or "motel" in the City of Yakima zoning
code and those definitions need clarity as new hotel and/or motel models are coming into
the City, including, but not limited to, hotels and motels used for extended stays and/or
temporary housing, necessitating the need for not only definitions for "hotel" and "motel,"
but also "extended stay" hotel and/or motels; and
WHEREAS, the City Council has therefore decided to impose a moratorium for the
term of six months, commencing on the effective date of this ordinance and extending
through December 21, 2018, in order to study the issues as determined by the City Council
and to adopt appropriate regulations and definitions; and
WHEREAS, for purposes of this Ordinance, the term "extended stay" means a hotel
or motel, or other similar lodging accommodation that allows lodgers, transients or tourists
to stay for 30 or more consecutive days and the terms "hotel" and "motel" mean an
establishment offering transient lodging or lodging and meals for less than 30 consecutive
days; and
WHEREAS, the City Council finds and determines that imposition of a moratorium
is necessary to (a) provide the City with an opportunity to study the issues regarding siting,
zoning and regulation of extended stay uses and facilities within the City of Yakima; (b) to
study the issues regarding defining hotels, motels and extended stay hotels/motels; (c) to
protect the health, safety and welfare of the residents of Yakima and visitors, by avoiding
and ameliorating negative impacts of the proliferation of extended stay hotels and motels
1
and the lack of definition of hotel, motel and extended stay hotel/motel; and (d) avoid
applicants possibly establishing vested rights contrary to and inconsistent with any
revisions the City may make to its regulations and codes as a result of the City's study of
this matter; and
WHEREAS, the City Council finds, determines and concludes that an emergency
exists, to wit: (a) the City of Yakima has received proposals for land uses that may include
renting or providing extended stay hotel rooms to people and there is no definition, zoning
provisions or other regulations regarding extended stay hotel, motel or other similar
accommodations; (b) neither City staff nor the Planning Commission have had sufficient
opportunity to review the effects of extended stay uses with regard to concerns for
economic development, preservation and/or promotion of site compatibility, pedestrian
accessibility and safety within the various land use districts; the current hotel and motel
uses may encompass extended stay uses, but that is not specified in ordinances or
regulations as there is no definition of hotel or motel and a general definition of such is
used; and (d) the immediate imposition of this moratorium will preserve the status quo to
enable the City to further study the effects of such uses and to devise appropriate zoning
and regulatory controls to address the effects of such uses; and
WHEREAS, the City Council authorizes and directs the City Manager to review
existing City codes and zoning regulations, further study the effects resulting from location
of extended stay facilities within the City of Yakima, prepare comprehensive proposed
amendments to the City codes and zoning regulations to address the effects of such uses,
to confer with community members and the City Planning Commission as appropriate,
and to present recommended legislation addressing such issues to the City Council for
consideration and action; and
WHEREAS, the City Council finds and determines that a public hearing on this
moratorium should be held on July 17, 2018, whereupon the City Council may adopt
findings of fact in support of the adoption of this moratorium, or modify the terms thereof;
and
WHEREAS, notwithstanding the term of six months set forth above for the
moratorium adopted herein, this moratorium may at any time hereafter be (a) modified by
the City Council in accordance with applicable law; (b) extended for additional term(s) of
six months upon action following public hearing and adoption of findings in support thereof;
(c) terminated by the City Council upon adoption of appropriate zoning and regulatory
codes; or (d) terminated by the City Council for any reason deemed necessary or
appropriate; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Moratorium Established. From and after the effective date of this
ordinance, the City shall not allow the filing of or accept any application for a building
permit, tenant improvement, business license, business registration, development permit,
request for conversion, nonprofit license, permit, subdivision, short subdivision, site plan
review, or any other development, for any extended stay use or extended stay use within
any building (including any additions, expansions, or modifications thereto), land, structure
or use, within the City of Yakima, or any hotel or motel use, building permit, tenant
improvement, business license, business registration, development permit, request for
2
conversion, nonprofit license, permit, subdivision, short subdivision, site plan review, or
any other development within the City of Yakima that provides extended stay
accommodations. As used in this ordinance, the following terms have the meanings set
forth below:
A. "Extended stay" means a hotel or motel, or other similar lodging
accommodation that allows lodgers, transients or tourists to stay for 30 or
more consecutive days
B. "Hotel" and "Motel" means an establishment offering transient lodging or
lodging and meals for less than 30 consecutive days.
In addition to the above definitions and as necessary to interpret or apply this
Ordinance, the City hereby adopts those definitions and provisions of the
Yakima Municipal Code pertaining to land use, zoning, design and regulation.
Section 2. Exemption — Vested Rights. Applications which are legally vested as
of the effective date of this ordinance shall continue to be processed as provided in the
Yakima Municipal Code and according to the land use regulations in effect on the date of
vesting.
Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a
public hearing will be held on Tuesday, July 17, 2018, for the purpose of taking testimony
and, if this ordinance is passed, adopting written findings and conclusions justifying the
moratorium established by this ordinance.
Section 4. Effective Period of Moratorium. The moratorium adopted by this
ordinance shall become effective thirty days after passage, approval and publication of
this ordinance, and shall remain in effect for six months, through December 21, 2018,
subject to adoption of findings and conclusions as provided in Section 3 above. This
moratorium shall also terminate upon the adoption of permanent regulations governing
the location, land use and regulation of hotels and/or motels offering extended stay
accommodations or extended stay hotels and/or motels. Notwithstanding the above, this
moratorium may be extended as provided in RCW 36.70A.390 and RCW 35.63.200.
Section 5. Directive to City Manager. The City Council hereby authorizes and
directs the City Manager to review existing City codes and zoning regulations; to further
study the effects resulting from use of extended stay facilities; to prepare comprehensive
proposed amendments to the City codes and zoning regulations to address the effects of
such uses; to confer with community members and the City Planning Commission as
appropriate; and to present recommended legislation addressing such issues to the City
Council for consideration and action.
Section 6. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 7. Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this Ordinance shall be transmitted to the Washington State Department of
3
Commerce as required by law or otherwise posted, published or recorded as permitted by
law.
Section 8. Effective Date. This ordinance shall be in full force and effect thirty
days after its passage, approval and publication as provided by law and the City Charter.
PASSED BY A VOTE OF THE CITY COUNCIL, signed and approved
this 22' day of June, 2018.
ATTEST:
By
City Clerk
Effective Date:
Publication Date:
Ordinance Approved by Unanimous Vote
of Council Members:
4
Kathy Coffey, Mayor