Final Revision to Conditions Existing El Cortez Motel/Future La Quinta Inns & Suites Hotel: Case No. DIR fRVlfPAll

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1 Final Revision to Conditions Existing El Cortez Motel/Future La Quinta Inns & Suites Hotel: Case No. DIR fRVlfPAll 1. Within 12 months following the effective date of this action, the business owner/operator shall file a Plan Approval application and pay fees pursuant to LAMC Section P for a Revocation Case (Initial Deposit), with notice of public hearing to be mailed to all owners and occupants of property within 500 feet of the property at least 24 days prior to such hearings. In addition, all persons who were mailed a copy of the subject determination shall be notified. The purpose of the hearing will be to determine the effectiveness of the owner/operator in implementing the conditions contained herein as well as preventing or discouraging criminal behavior and nuisance activities on and around the property. If the demolition of the existing motel occurs, the property owner and/or the business owner/operator shall file a Plan Approval application within six months from the issuance of a temporary or permanent Certificate of Occupancy for a new La Quinta Inns & Suites hotel that is proposed under Case No. CPC ZC- HD-ZV-CU-ZAA with the same fee and hearing notice requirements noted above. The purpose of the hearing will be to determine the effectiveness of the owner/operator in implementing the following 13 conditions (numbered l.a through l.m below) applicable to the new hotel, and to re-examine the facts relative to Section E of the LAMC in consideration of terminating Case No DIR (RV): Conditions for Newly Constructed Hotel New Hotel Condition l.a The hotel owner and/or manager shall comply with all applicable laws and conditions and the hotel manager shall be made completely familiar with these conditions and shall implement them as required, New Hotel Condition l.b The hotel manager shall make duplicate electronic room keys available if needed by emergency services personnel to gain entry. New Hotel Condition l.c Lighting within the parking lot and along pedestrian pathways shall be provided for the purposes of providing for the security and safety of hotel patrons, and shall be directed on-site to avoid spill-over onto adjacent properties, as appropriate. New Hotel Condition l.d Property upkeep and maintenance shall be provided on a regular and routine basis, including graffiti removal in a color that matches the surface to which it was applied, and trash, debris and weed removal; landscaping shall be established in substantial conformance with the Preliminary Landscape Plan, and maintained on a regular and ongoing basis. The Council Office will be provided a copy of the Preliminary Landscape Plan for review/comment. 1

2 New Hotel Condition l.e The hotel operator/property owner shall establish and maintain an ongoing proactive relationship with the LAPD Senior Lead Officer for Van Nuys to facilitate continued dialog relevant to hotel operators, and to receive appropriate training and notifications. The LAPD shall provide 10-day advance notice to the hotel operator/property owner of the date, time, and location of meetings, in writing by means of either or U.S. Postal Service. New Hotel Condition l.f On-Site Security. Closed Circuit Cameras will be provided within the parking lot and all common areas of the hotel property, and will have a storage capacity consistent with industry standard. Entrances to the hotel building, other than the main entry to the building on Sepulveda Blvd. and the entrance to the building adjacent to the parking lot, will have controlled (electronic key) access at all times. Similar controlled (electronic key) access will be provided after hours at the main entry to the building and at the entrance to the building adjacent to the parking lot. Locked access gates along the side yard areas adjacent to N. Sepulveda Boulevard and N. Halbrent Avenue will be maintained. A state-licensed security patrol with on-demand response capability will be provided as needed. New Hotel Condition l.g Maximum prices for accommodations will be posted as required by state/city Codes. New Hotel Condition l.h The only telephones provided on the hotel property will be located within the hotel office areas and guest rooms. No pay phones are permitted, in keeping with La Quinta Inns & Suites operational standards and requirements. New Hotel Condition l.i The property owner will post at least one sign in view of prospective guests entering the hotel property stating "No Trespassing". New Hotel Condition l.j Four locked access gates to the sideyard areas along the north and south sides of'the subject property (i.e., two access gates proximate to the Sepulveda Blvd. frontage and two access gates proximate to the Halbrent Ave. frontage) shall be provided as depicted on the site plan (Exhibit A), and shall remain locked at all times, except for the purposes of routine property/landscape maintenance activities performed by hotel/landscape maintenance personnel. New Hotel Condition l.k No employee parking shall be permitted on Halbrent Avenue. New Hotel Condition 1.1 There shall be no hourly rates for room rentals, and customers will be billed at the market rate, a pre-negotiated rate, or a contractually established rate. New Hotel Condition l.m The above Conditions shall be recorded by the property owner in the County Recorder's Office; the agreement will run with the land and be

3 binding on any subsequent owners, heirs or assigns. Furthermore, the agreement must be submitted to the Department of City Planning for approval before being recorded; after recordation, a copy bearing the Recorder's number and date must be furnished to the Department of City Planning for attachment to the file. Failure to file the Plan Approval application may result in revocation of the subject use. The required Plan Approval application shall include appropriate documentation to substantiate ongoing compliance with each of the conditions contained herein. The following Conditions (listed below) numbered 2 through 26 shall cease to apply to a new hotel constructed on the subject property pursuant to CPC ZC- HD-CU-ZV-ZAA for which any Certificate of Occupancy (including a Temporary Certificate of Occupancy) is issued: 2. Deleted by BZA All other use, height and area regulations of the Municipal Code, including LAMC Section (Hotel Registers and Room Rentals) attached following these conditions, shall be strictly complied with in the development and use of the property, except as such regulations are herein specifically varied or required. 4. The authorized use shall be conducted at all times with-due regard for the character of the surrounding district, and the right is reserved to the Zoning Administrator to impose additional corrective conditions, if, in the Administrator's opinion, Such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. 5. The motel owner and/or manager shall comply with all applicable laws and conditions and shall properly manage the motel to discourage illegal and criminal activity on the premises. 6. The motel manager shall be made completely familiar with these conditions and shall implement them as required. A copy of these terms and Conditions shall be maintained in view of the desk clerk and/or manager and shall be made available to all enforcement personnel upon request. The conditions of the subject determination shall be provided to employees including security personnel for their review. The employees shall be notified that the violation with the required conditions herein may result in disciplinary action, 4n-ekrdTTTg~upT0 tunriinatian of ompteyment. Within 30 days from the effective date of this determination, a statement signed by

4 the employees stating that they reviewed and agree to comply with the conditions shall be obtained and said record maintained on-site by the management, and made available for review upon request. 7. The manager or other responsible person on duty shall be fluent in the English language. 8. The property owner and/or business owner/operator shall provide security as follows: a. A California State licensed uniformed security patrol shall conduct periodic roving patrols at least two to three times daily, including evenings. The roving patrol shall not occur regularly at the same time. The security patrol shall exit his/her vehicle and shall conduct a "walk through" of the property. b. The roving patrol shall not be the owner or have any association with the operation of the motel, and shall not conduct any other activities during the required patrol hours other than those of security patrol. c. At the conclusion of the "walk through" and security patrol the on-site and roving security patrol shall make contact with the management and sign a patrol log or provide electronic confirmation thereof. A printed record of all electronic confirmations shall be maintained by Management. d. The patrol log shall be maintained in the office at the site and shall include, but. not limited to, the security officer's name, date and time of patrols. Areas inspected and any security incidents/actions taken. The manager on duty shall initial the log to ensure that information registered on the patrol log is accurate. e. A copy of a valid emergency contact phone number for the security patrol service shall be maintained in the office and presented to any law enforcement officer upon request. 9. The manager shall have duplicate room keys at all times if needed by emergency services personnel to gain entry. 10. The consumption of alcoholic beverages on the property, other than in the guest rooms is prohibited. 11. Loitering on the property.is not permitted unless such person(s) provide justifiable reason to the security patrol or manager.

5 12. The property owner shall affix or paint the address of the motel on the roof of at least one building in number at least 2 feet by 2 feet each in white paint or suitable material with similar effect to provide identification to police air patrol. 13. Lighting shall be sufficient to make persons in the parking area discernible to law enforcement personnel. 14. Graffiti shall be removed on a daily basis in a color that matches the surface to which it was applied. 15. The property shall be kept free and clear of trash, debris and weeds on a daily basis. 16. The property owner shall secure the property with a permanent fence or similar barrier along the Halbrent Avenue frontage within 30 days of the effective date of this action. 17. The property owner shall post one sign at the office in view of prospective guests and-at least one sign in a conspicuous location ejsewhere on the property stating, "This Property Is Patrolled By Security - Under Video Surveillance" (Note: Applicant to provide text which communicates this, or similar message.) 18. The motel operator shall permit no minor to use or occupy the property unless such minor is accompanied by his or her parent(s) or legal guardian. 19. The property owner shall not permit any public telephones on the property unless they are within the office or the guest rooms. 20. The property owner shall join and support the efforts of a local business or residential neighborhood watch, when existing. 21. The motel operator and property owner shall participate in the Hotel/Motel Watch Meeting held by the Van Nuys Vice Unit when requested to receive appropriated training and to be notified of persons the Police are looking for who may be in the area and attempting to stay in the motel. Within 30 days after the meetings with the LAPD, evidence of compliance with this condition such as meeting venues and a summary of the meeting etc., shall be maintained on-site in either electronic or printed copy form, and made available upon request Such records shall be maintained for 3 years. 22. Within 30 days of the effective date of this action, the property and business owners shall record a covenant acknowledging and agreeing to comply with all the terms and conditions established herein in the County Recorder's Office. The agreement (standard master covenant and agreement form CP-6770) shall run with

6 the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the conditions attached must be submitted to the Department of City Planning for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided to the Zoning Administrator for attachment to the subject case file. If the property owner fails to record the covenant, the City may record it. 23. A camera surveillance system shall be installed and maintained as follows: a. The surveillance cameras shall be installed to cover parking lot areas, and all common areas and shall be designed in consultation with the LAPD Van Nuys Division. Video tapes shall be maintained for 30 days and shall be made available to the Police Department or other enforcement agency upon request. b. The surveillance monitors shall be located in an area where the monitors are regularly viewed by the motel staff and/or security personnel. c. Within 60 days from the effective date of this determination, a letter or an from the LAPD, or proof of solicitation of said letter/ stating that the required surveillance cameras have been installed in compliance with this condition, shall be submitted to the Zoning Administrator. 24. The property owner and/or the business owner/operator shall identify a contact person and provide a 24-hour contact telephone number for any inquiries or complaints from the community regarding the subject facility. The phone number shall be posted on the site so that is readily visible to any interested party. The contact number shall be: - posted at the check-in counter so that the information is clearly visible to the public and guests, - responded to within 24 hours of any complaints/inquiries received on this contact number and - documented in a log and available for review by the Los Angeles Police Department and the Zoning Administrator upon request on when the calls were received, returned and the action taken at a minimum. Within 30 days from the effective date of the subject determination, evidence of compliance with this condition shall be submitted to the Zoning Administrator. 25. The property owner shall, within 14 days of the effective date of this determination, sign and deliver to the Los Angeles Police Department ("LAPD") North Hollywood Area Division. Van Nuys Vice a "Trespass Arrest Authorization" form, which authorizes the LAPD to arrest individuals unlawfully loitering on the property pursuant to LAMC Section A copy of the executed form shall also be provided to the Zoning Administrator within the same 14 days. Before 6

7 visiting/accessing any room or location within the subject property, the LAPD officer(s) shall notify the desk clerk/management of their arrival and shall identify all locations/room number (s) within the establishment they will visit. Prior to leaving the subject property, the LAPD officers shall notify the desk clerk/management. 26. Should there be a change in the ownership of the property/the business owner/operator, the property owner and the business owner/operator shall provide the prospective new property owner and the business owner/operator with a copy of the conditions of this action prior to the legal acquisition of the property and/or the business. Prior to the closing of escrow for a potential change in the ownership of the property/business owner or operator, evidence showing that a copy of this determination including the conditions required herewith has been provided to the prospective owner/operator, shall be submitted to the satisfaction of the Zoning Administrator. ******************************** SEC HOTEL REGISTERS AND ROOM RENTALS. (Amended by Ord. No. 179,533, Eff. 3/8/08.) 1 Definitions. For purposes of this section: Guest means a person who exercises occupancy or is entitled to occupancy in a hotel by reason of concession, permit, right of access, license or other agreement. Hotel means any public or private space or structure, including but not limited to, any inn, hostelry, tourist home, motel, lodging house or motel rooming house offering space for sleeping or overnight accommodations in exchange for rent and for a period of less than 30 days. Hotel includes the parking lot and other common areas of the hotel. Hotel does not include living accommodations provided at any governmental or nonprofit institution in connection with the functions of that institution. Housing Voucher means a voucher, certificate or coupon for lodging issued individually or jointly by any of the following, or an agency or authority of any one or more of the following: (1) the federal government; (2) the State of California or another state; (3) a county; (4) a municipality; or (5) a non-profit entity that issues vouchers, certificates or coupons for lodging to homeless individuals or families. Identification document means a document that contains the name, date of birth, description and picture of a person, issued by the federal government, the State of California, another state, a county or municipal government subdivision or one of their agencies, including but not limited to: a motor vehicle operator s license, an identification card, or an identification card issued to a member of the Armed Forces. Identification document also includes a passport issued by a foreign government or a 7

8 consular identification card, issued by a foreign government to any of its citizens and nationals, which has been approved by the City of Los Angeles as valid identification. Occupancy means the use or possession, or the right to the use or possession, of any room in any hotel. Operator means the person who is either the proprietor of the hotel or any other person who has the right to rent rooms within the hotel, whether in the capacity of owner, manager, lessee, mortgagee in possession, licensee, employee or in any other capacity. Record means written documentation of information about a guest. A record may be maintained electronically, in a book or on cards. Rent means the consideration charged, whether or not received, for the occupancy of a room in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature. Reservation means a request to hold a room for a potential guest that includes the following information and is documented in writing: (i) The potential guest s name and contact information; and (ii) the date and time when the contact was made. Room means any portion of a hotel, which is designed or intended for occupancy by a person for temporary lodging or sleeping purposes. Walk-in guest means any guest who did not make a reservation for a room prior to the time that he or she seeks to check in at the hotel. 2. Hotel Record Information. (a) Every operator of a hotel shall keep a record in which the following information shall be entered legibly, either in electronic, ink or typewritten form prior to the room being furnished or rented to a guest: (1) As provided by the guest in response to an inquiry or by other means: (1) The name and address of each guest and the total number of guests; (ii) The make, type and license number of the guest s vehicle if the vehicle will be parked on hotel premises that are under the control of the Operator or hotel management; (iii) Identification information as required by Subsection 4 (a) and (b) of this section. (2) The day, month, year and time of arrival of each guest; (3) The number or other identifying symbol of location of the room rented or assigned

9 each guest; (4) The date that each guest is scheduled to depart; (5) The rate charged and amount collected for rental of the room assigned to each guest; (6) The method of payment for the room; and (7) The full name of the person checking in the guest. (b) For a guest checking in via an electronic registration kiosk at the hotel, instead of the information required by Subsection 2.(a), the hotel shall maintain the name, reservation information and credit card information provided by the guest, as well as the identifying symbol of the kiosk where the guest checked in and the room number assigned to the guest. 3. Maintenance of Hotel Record. Every operator of a hotel shall comply with the following requirements for maintaining the hotel record: (a) The record shall be kept on the hotel premises in the guest reception or guest check-in area or in an office adjacent to that area. The record shall be maintained at that location on the hotel premises for a period of 90 days from and after the date of the last entry in the recordsaad-shah -betnadc avail-able 4e-any-offieor of the Los- Angclos-Poliee Bepnrtmont-for inspection. Whenever possible, the inspection shall be conducted at a time and in a manner that minimizes any interference with the operation of the business. (b) No person shall alter, deface or erase the record so as to make the information recorded in it illegible or unintelligible, or hinder, obstruct or interfere with any inspection of the record under this section. (c) Any record maintained in the form of a book shall be permanently bound, each page shall be sequentially numbered and the book shall be the minimum size of eight by ten inches. No page shall be removed from the book. Any record maintained in the form of cards shall be on cards that are the minimum size of two and one-half inches by four inches and numbered consecutively and used in sequence. Any card numbered within the sequence of utilized cards shall be preserved as part of the record even if it is not used for a room rental. The numbers shall be printed or otherwise indelibly affixed to the cards. If maintained electronically, the record shall be printable. (d) Nothing in this section absolves the operator from maintaining the record for longer than 90 days in order to comply with any other provision of law, including the obligation to maintain and produce records for the purpose of paying a transient occupancy tax. 4. Renting of Hotel Rooms. The operator of a hotel shall not rent a room except in

10 compliance with the following conditions. (a) A guest who pays all or part of the rent for a room in cash at the time of checking in, and a walk- in guest, shall be required to present an identification document or a housing voucher at the time of checking into the hotel. (b) A room shall not be rented hourly or for fewer than 12 hours unless an identification document is obtained from the guest when he or she checks into the hotel. (c) The number and expiration date of the identification document obtained under Subsections 4.(a) or (b) shall be recorded and maintained by the operator in the record for at least 90 days or if a guest is paying with a housing voucher obtained under Subsection 4.(a), a copy of the housing voucher shall be maintained with the record for at least 90 days. 5. Training of employees. The owner or proprietor of a hotel business shall take all reasonable steps, including but not limited to, providing training regarding this section to ensure that the person who checks a person into the hotel complies with the provisions of this section. A person who has not been trained shall not be assigned to check persons into the hotel. 6. Guest obligations. (a) No person shall give any assumed, false or fictitious name, or any other name other than his Or her true name when checking into a hotel. (b) No person shall present to any hotel identification that is any way false, altered or counterfeit or belongs to another person. (c) Subsection 6. shall not apply to law enforcement personnel engaged in an investigation.