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HomeMy WebLinkAbout01/07/2003, PH2 - TEXT AMENDMENT TO THE ZONING REGULATIONS CREATING STANDARDS FOR BED AND BREAKFAST ESTABLISHMENTS IN council M dl sD" - 3 j acenaa aEpoizt `ftm"umb` +aa. C I T Y OF SAN L U IS 0 B I S P O FROM: John Mandeville, Community Development Direct ForSwl Prepared By: Lynn M. Azevedo, Associate Planner SUBJECT: TEXT AMENDMENT TO THE ZONING REGULATIONS CREATING STANDARDS FOR BED AND BREAKFAST ESTABLISHMENTS IN THE R-3, R4,AND AG ZONE DISTRICTS AND ASSOCIATED ENVIRONMENTAL REVIEW (NEGATIVE DECLARATION (TA/ER 41-02); CITY-WIDE; CITY OF SAN LUIS OBISPO, APPLICANT CAO RECOMMENDATION As recommended by the Planning Commission, introduce an ordinance 1) approving a negative declaration and 2) adopting development standards for bed and breakfast establishments in the R-3, R-4, and AG zone districts,based on findings. DISCUSSION An application was received in April of 2002 by an individual to amend the uses allowed in the R-2 zone to include Bed and Breakfast (B&B) establishments subject to Planning Commission approval. Currently, B&Bs are allowed only in the City's R-3, R-4, AG, C-C, C-R, and C-T zoning districts. It was the applicant's desire to convert a historical residence that she owns at 687 Islay (which is in the R-2 zone) to a Bed and Breakfast Home. In conjunction with the applicant's request, staff prepared site development and performance standards for bed and breakfast establishments in the R-3, R-4, and AG zone districts as well, since standards were not adopted when B&B's were first approved within these zones in 1996. Implementation of standards and development criteria, beyond that which might be imposed under current general design criteria associated with any Use Permit and Architectural Review application, is important as the infiltration of commercial-type uses (Bed and Breakfast Inns) within these three districts could negatively impact the character of the existing neighborhoods or agricultural areas. This subject was brought forth to the Planning Commission as a study session item on June 12, 2002. Several Commissioners indicated that they thought conversion of some of the City's historic homes into bed and breakfast establishments would be a way to encourage their restoration and renovation. All Commissioners agreed that if such a text amendment went forward, there should be criteria to ensure the residential character of the neighborhood(s) is maintained. Some of the criteria staff was directed to consider in a text amendment included: use being subject to Planning Commission Use Permit approval, must be within a "historic" structure if in the R-2 zone, proximity to downtown, owner/manager occupancy, limit on the number of rental rooms, adequacy of parking and access, minimum parcel size, and any other a-t I Council Agenda Report TA/ER 41-02 (City-wide) Page 2 methods to ensure residential character is maintained. Commission concerns included potential loss of housing and criteria so strict that the B&B business cannot succeed. Based on the Planning Commission's initial review, staff prepared a Draft Text Amendment (see Attachment 1) that would have established a distinction between a "bed and breakfast home" and "bed and breakfast inn." A "home" would have up to 8 rooms and an "inn" between 9 and 15. While bed and breakfast inns would continue to be allowed in the R-3, R-4, and AG zones, the R-2 zones would be limited to only bed and breakfast homes. The distinction was made for three reasons. First, the industry (tied and breakfast operators) distinguishes between a "home" and "inn" as well as most governmental jurisdictions. Secondly, since 1996 the City of San Luis Obispo currently has allowed bed and breakfast inns (with up to 15 rooms as currently defined) within the R-3 and R-4 zones subject to Planning Commission Use permit, in the AG zone subject to Administrative Use Permit, and in the C-C, C-R, and C-T zones "by right." Finally, a "bed and breakfast home" is purposely designed to be less intensive thereby addressing potential neighborhood compatibility issues. One premise for allowing the use of a home in the R-2 zone as a B&B was that the business aspect would generate revenues necessary for the restoration and maintenance of that home; hence, the limitation of B&B's to historical homes. The Planning Commission was presented with the following three options as to what would constitute "historical" along with the number of properties that could potentially convert to a B&B. A map showing the location of parcels meeting the proposed R-2 bed and breakfast home criteria is attached (see attachment 2): A. Master List Properties on parcels 10,000 s.f. or larger in the R-2 or R-2-H zone. (17 Master List Properties) B. Master List and Contributing Properties on parcels 10,000 s.f. or larger in the R-2 or R-2- H zone. (17 Master List and 28 Contributing) C. Master List and Contributing Properties in the R-2 or R-2-H zone with no minimum parcel size. (71 Master List and 202 Contributing) At the second Planning Commission meeting of September 1.1, 2002, the Commission reviewed the draft amendment and was asked to provide direction on the proposed criteria. Attached are the meeting minutes (see Attachment 3), which reflect the issues discussed and public testimony received. The Commission gave direction against that part of the amendment to allow bed and breakfast establishments in the R-2 zone district, citing conflict with neighborhood compatibility and potential loss of housing. The Commission did, however, feel that bed and breakfast establishments should remain as allowed uses in the R-3, R-4, and AG zones and that new performance standards should be created. On November.5, 2002, the original applicant requested withdrawal of her application based on the lack of Planning Commission support. On November 6, 2002, the Planning Commission recommended.approval of the revised Text Amendment dated 11-06-02, which became a City- sponsored Text Amendment pertaining only to the R-3, R-4, and AG zone districts (see Attachment 4). Although they recommended approval of the subject text amendment, the Council Agenda Report TA/ER 41-02 (City-wide) Page 3 Commission did express concern about B&B's in the R-3 and R-4 zones and suggested this be re-evaluated as part of the Housing Element Update. General Plan Consistency The 1994 update to the City's Land Use Element includes policy LU 3.4.2 which states: "Visitor-serving uses should be integrated with other types of uses, . including overnight accommodations downtown, near the airport, and near the train station; small-scale facilities (such as hostels or bed-and-breakfast places) may be located in Medium-High Density Residentialand High-Density Residential Districts, where compatible. Visitor-serving uses are especially appropriate where such uses have already concentrated: along upper Monterey Street; at the Madonna Road area; at certain freeway interchanges; and in the downtown." In 1996, the City Council approved a series of text amendments to implement many of the 1994 General Plan Policies. One of these text amendments, Ordinance 1311, separated bed and breakfast inns (B&B's) from the "motels and hotels" land use category making them their own land use category. By this ordinance, B&B's were allowed in various commercial zones "by right," in the R-3 and R-4 zone districts subject to Planning Commission Use Permit approval, and in the AG zone subject to Administrative Use Permit approval. It is important to note that since 1996, no applications have been received to allow a B&B in the R-3, R-4, or AG zones. The proposed development criteria and performance standards are consistent with General Plan policy (LU 3.4.4) and the Zoning Ordinance, designed to ensure that the location, concentration, and design of bed and breakfast establishments is consistent with or does not negatively affect the character or function of the neighborhood and surroundings. The September 11, 2002 Planning Commission staff report and attachments provides insight to the various criteria considered to address neighborhood compatibility. Environmental Review An Initial Study has been prepared (see Attachment 5) and the comment period for the proposed Negative Declaration ended November 29, 2002. Since the Planning Commission hearing occurred on November 6, 2002, prior to the end of the comment period, no action was taken on the Negative Declaration. However, the Planning Commission did review the document and had no comments or suggested changes. No one from the public offered comment on the Initial Study either. It is important to note that the Initial Study is based on the original text amendment heard at the September 11, 2002 Planning Commission meeting which included the proposal of allowing bed and breakfast establishments in the R-2 zone district. If there is any desire to allow a bed and breakfast establishment in the R-2 zone at the Council level, the environmental review addresses this issue. �r� CouncilAgenda Report TA/ER 41-02 (City-wide) Page 4 FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a neutral fiscal impact. ALTERNATIVES 1. The Council may introduce the ordinance with modified findings and/or development criteria. This alternative would be used if the Council feels that bed and breakfast homes should be conditionally allowed within the R-2 Zoning Districts. 2. The Council may deny the proposed text amendment if Council finds that the necessary findings cannot be made.. 3. The Council may continue discussion if additional information is needed, and direction should be given to staff and the applicant. ATTACHMENTS 1. 9-11-02 Planning Commission Hearing Draft allowing B&Bs in R-2 zones 2. Maps showing possible R-2 locations that meet proposed bed and breakfast home site criteria 3. Planning Commission Minutes from 9-11-02 and associated staff report 4. Planning Commission Resolution 5351-02 with Draft Text Amendment 41-02. 5. Negative Declaration, ER 41-02 6. Draft Council Ordinance Gi\Groups\Comdev\Cd-plan\lazevedo\Ordinances\TA 41-02(B&B ORD)CC Report.doc r� Attachment 1 city of san Luis oBispo text amen6ment 41-02 Chapter 17.19 BED AND BREAKFAST ESTABLISHMENTS Sections: 17.19.010 Purpose 17.19.020 Definitions 17.19.030 Applications and approval required 17.19.040 General standards 17.19.050 Site development and performance standards in the R-2 zone 17.19.060 Site development and performance standards in the R-3 and R-4 zones 17.19.070 Site development and performance standards in the AG zone 17.19.080 Findings required 17.19.090 Revocation of a permit . 17.19.010 Purpose. To establish standards for the development of bed and breakfast establishments within the residential and agriculture zones of the City upon conforming to set criteria and conditions, this being a means by which to encourage restoration and maintenance of historically significant residences within the City of San Luis Obispo. 17.19.020 Definitions. 1. Bed and Breakfast Home: a single-family dwelling providing 8 or fewer rooms or suites for the accommodation of travelers, with a common eating area for guests. 2. Bed and Breakfast Inn: a building or group of buildings providing between nine and fifteen rooms or suites for the accommodation of travelers, with a common eating area for guests. 17.19.030 Applications and approvals required. A Bed and Breakfast Home or Inn is allowed as specified in Section 17.22 of the San Luis Obispo Municipal Code. In addition to any applicable Use Permit requirement, review by the Cultural Heritage Committee and Architectural Review Commission may be required depending upon the type of changes proposed to any structure intended for use as a Bed and Breakfast Home or Inn. 17.19.040 General standards. These standards apply to all bed and breakfast homes or inns in the R-2, R-3, R-4, and AG zone districts. a s� Attachment 1 TA 41-02—Planning Commt.).ion Draft(9111102) Page 2 of 5 B&B in R-2 zone and regulations in R-2, R-3, R-4&AG zones 1. The use is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood; 2. A bed and breakfast use must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City; 3. A City business license is required and remittance of transient occupancy tax is required; 4. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use; 5. The home shall not be used by the public or paying guests for the hosting of receptions, private parties or the like; 6. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast home; 7. There shall be no separate or additional kitchen facility for the guests; 8. The structure shall remain a residential structure; for example, the kitchen shall not be remodeled into a commercial kitchen although commercial-like improvements (i.e. commercial hood) may be required. 9. No more than one employee shall be permitted to work on the premises at any time, and none shall be present between the hours of 9:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether or not paid...............or...............A person who does not reside at the home shall not be employed to assist in the conduct of the bed and breakfast home except as usual for a single family residence (i.e. cook, gardener, housekeeper), and no employee shall be present between the hours of 9:00 p.m. and 6:00 a.m. 10. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential characteristics of the premises or jeopardizes/eliminates features of historical or architectural significance. Changes shall be consistent with the Secretary of Interior Standards. 11. No residential structure, "contributing" or better, shall be removed in order to allow for a bed and breakfast home or inn nor shall such a structure be removed in order to provide parking for such a use; 12. One non-internally illuminated sign may be erected on the property not to exceed ten (10) square feet in size per street frontage. Lighting level shall comply with City sign regulations for the zone district. The sign shall compliment the nature of the use; i.e. historic structures should have an historic style sign. The sign shall contain no information other than identification of the premises as the named bed-and-breakfast.home; 17.19.050 Site development and performance standards in the R-2 Zone. These additional standards apply to bed and breakfast homes in the R-2 zone. 1. The residence to be used as a Bed and Breakfast Home shall be of historic significance, either (1) on the City's "Master List" and within an historic district or (2) on the City's "Master List" and on the National Register of Historic Places at the date of application, 2. The building must be the primary residence of the property owner or bed and breakfast home business owner; 3. The parcel must be 10,000 square feet or larger in size; a� � Attachment 1 TA 41-02—Planning Coy=,_.,on Draft(9111102) Page 3 of 5 B&B in R-2 zone and regulations in R-2, R-3, R-4&AG zones 4. The property must be adjacent to a residential collector or higher classification street as identified in the City's General Plan Circulation Element; 5. The rooms utilized for transient occupancy shall be a part of the residence at the time of application, and not specifically constructed for rental purposes; 6. No accessory structure to the primary residence shall be utilized as a rental room, unless historically such structure was residentially occupied; 7. Parking shall be provided as required by the minimum parking regulations of the zoning ordinance for a bed and breakfast home or inn. If residential rental units (i.e. apartments) are . incorporated as part of the use, the applicable parking requirements shall apply to those units consistent with zone district. 8. Generally, the minimum setback for guest/employee parking shall be 20 feet from a "street Yard" and-5 feet from an "other yard" (yards as defined in §17.16.020). The parking area shall be screened from direct view of the public right-of-way and any adjacent residential use by a completely planted visual barrier. 9. All parking spaces and driveways shall be paved to City standards with materials which maintain the historical character of the neighborhood and premises. 10. In general, the number of guest rooms permitted should be based on the City's density unit calculation with a rental room counting as a studio, and shall in no case exceed 8. The manager's quarters shall be valued based on number of bedrooms but in no case shall be less than 1.0 density unit. The maximum density unit value, less the value of the manager's quarters shall generally determine the maximum number of guest rooms. Other factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses. 17.19.060 Site development and performance standards in the R-3 and R-4 Zones. These additional standards apply to bed and breakfast homes or inns in the R-3 and R-4 zones. 1. The building(s) to be used as a bed and breakfast home or inn. should be of historic or architectural significance at the date of application; 2. The main building of the Bed and Breakfast establishment must be the "primary residence" of the "owner" or"manager"of the bed and breakfast use; 3. Accessory buildings and structures may also be used for bed and breakfast guest rooms; 4. At a minimum, parking shall be provided as required by the minimum parking regulations of the district for a single-family dwelling; provided, however, that one additional parking.space shall be required for each guest room and for one employee, if any. If non-transient residential rental units (i.e. apartments) are incorporated as part of the use, the applicable parking requirements shall apply to those units consistent with zone district. 5. Generally, the minimum parking setback for guest/employee spaces shall be 15 feet from a "street yard" and 5 feet from an `other yard" (yards as defined in §17.16.020). The parking area shall be screened from direct view of the public right-of-way by a completely planted visual barrier. 6. All parking spaces and driveways shall be paved to City standards with decorative materials or, if a historic property, materials which maintain the historical character of the neighborhood and premises. a-� Attachment TA 41-02—Planning Commi.,<.66n Draft(9111102) Page 4 of 5 B&B in R-2 zone and regulations in R-2, R-3, R-4&AG zones 7. In general, the number of guest rooms permitted should be based on the City's density unit calculation with a rental room counting as a studio, and shall in no case exceed 15. The manager's quarters shall be valued based on number of bedrooms but in no case shall be less than 1.0 density unit. The maximum density unit value, less the value of the manager's quarters shall generally determine the maximum number of guest rooms. Other factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses. 17.19.070 Site development and performance standards in the Agriculture Zone. These additional standards apply to bed and breakfast homes or inns in the Agriculture (AG) zone. 1. The building(s) to be used as a bed and breakfast home or inn should be of historic or architectural significance at the date of application; 2. The main building of the Bed and Breakfast establishment must be the "primary residence" of the owner or manager of the bed and breakfast use; 3. Accessory buildings and structures may also be used for bed and breakfast guest rooms; 4. The establishment of a bed and breakfast use shall not result in the conversion of land in agricultural production; 5. At a minimum, parking shall be provided as required by the minimum parking regulations of the district for a single-family dwelling; provided, however, that one additional parking space shall be required for each guest room. 6. Factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses; 17.19.080 Findings required. In approving a Use Permit for a bed and breakfast home or inn, the Planning Commission must make the following findings: 1. The establishment of a bed and breakfast home or inn is consistent with the general plan; and 2. The establishment of a bed and breakfast home or inn will not be detrimental to a building, structure or feature of significant aesthetic, cultural, or historical interest or value; and 3. The establishment of a bed and breakfast home or inn is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses. These findings shall be in addition to those required for the approval of use permits contained in § 17.58.040. 17.19.090 Revocation of a permit. The owner and/or manager of a bed and breakfast establishment shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with a _� Attachment 1 TA 41-02—Planning Commz,,.,,on Draft(9111102) Page 5 of 5 B&B in R-2 zone and regulations in R-2,R-3, R-4&AG zones any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the Community Development Director may schedule a public hearing before the Planning Commission to consider revocation of the permit. NOTE: Additions are denoted by underline and deletions by saikedweugh. 17.16.060—Table 6: Parking Requirements by Use Type of Use Number of Off-Street Parking Spaces Required Bed and breakfast home and inn ins One per room or group of rooms to be occupied a suite, plus one two for resident manager's quarters NOTE: Proposed text is shaded in the table, otherwise by underline. Chapter 17.22 USE REGULATION Table 9-Uses R-1 R-2 R-3 R-4 AG C/OS O" PF C-N C-C C-R C-T C-S M Allowed by Zone EXISTING: PC PC D A A A Bed and breakfast inns PROPOSED: PCO PC" PC 3 D2' A A A Bed and breakfast home or inn 23 —Allowed subject to compliance with development standards stipulated in Chapter 17.19. jI A - i Attachment 2 Maps to be provided as a Red File Item prior to meeting. - lD J - Attachment 3 SAN LUIS OBISPO PLANNING COMMISSION MINUTES SEPTEMBER 11, 2002 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order 7:05 p.m. on Wednesday, September 11, 2002, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California. ROLL CALL: Present: Commissioners Stephen Peterson, Jim Aiken, Orval Osborne, Michael Boswell, James Caruso, and Chairwoman Alice Loh Absent: Commissioner Allan Cooper Staff: Associate Planners Michael Codron, Lynn Azevedo, Deputy Director Michael Draze, Deputy Director Ronald Whisenand, Community Development Director John Mandeville, Assistant City Attorney Gil Trullijo, and Recording Secretary Irene Pierce ACCEPTANCE OF THE AGENDA The agenda was accepted as presented. ACCEPTANCE OF THE MINUTES The Minutes of June 12, 2002, were accepted as amended, and the Minutes of August 14, 2002, were accepted as amended. PUBLIC COMMENT ON NON-AGENDA ITEMS Mary Beth Schroeder, 2985 Wilding Lane, SLO, mentioned she would like to see bad planning with the infill and the dismantling of the R-1 neighborhoods stopped. PUBLIC HEARINGS: 1. Citywide. TA and ER 41-02; Zoning Text Amendment to allow bed and breakfast inns in the R-2 zone with Planning Commission approval, and environmental review; Jennifer Boundy, applicant. Associate Planner Lynn Azevedo presented the staff report and stated that no action is being requested, only direction on the proposed criteria. Ms. Azevedo noted there is an existing definition in the zoning ordinance for a Bed & Breakfast Inn (between 9 and 15 guest rooms), and a proposed definition for a Bed & Breakfast Home (no more than 8 guest rooms). She mentioned there is no criterion in Planning Commission Minute_: - AttaChment 3 September 11,2002 Page 2 the current regulations governing Bed and Breakfast establishments in R-3, R-4, and AG zones and thought it would be appropriate to propose development standards for these zones along with the criterion for the R-2 zone. Commr. Peterson asked if the criterion for site development and performance standards in the draft text amendment has been applied to the maps that were received by the Commission? Planner Azevedo explained the first map of master list properties on parcels 10,000 square feet or greater are on residential, collective or higher classification streets, but street classifications for the map of 202 contributing properties were not factored in, which would reduce the number slightly. Jennifer Boundy, applicant, mentioned that they wish to have nine guest rooms, because the lot size is over 20,000 square feet and is on a corner of a major arterial street. There are nine parking spaces with room for one more. Deputy Director Whisenand clarified that, based on the number of rooms the applicant would be requesting, an exception from the text amendment as proposed, a Bed and Breakfast Inn is not allowed in R-2 zone, but a Bed and Breakfast Home is. He noted it is up to the Commission to decide what is best in the R-2 zone. Chairwoman Loh noted that 11 parking spaces are needed. Ms. Boundy stated there are nine garages. Commr. Peterson asked how many apartment units they have. Ms. Boundy replied there are nine. She explained there previously was a wall that was removed, and she is requesting to put the wall back up and make another room. Deputy Director Whisenand clarified for the Commission that the text amendment is the subject of this item, not Ms. Boundy's future proposal to convert her R-2 property into a bed and breakfast establishment. If this text amendment is approved, she would apply for a use permit to allow the conversion. PUBLIC COMMENTS: Mary Beth Schroeder, 2085 Wilding Lane, felt historical structures are being threatened throughout the City by converting them for financial purposes. Sarah McEre, property owner of 687 Islay Street, noted she would need two employees, rather than the one allowed in the proposed text amendment. Peg Pinard, 714 Buchon Street, expressed her disapproval of having a commercial use in a residential area. She also commented that commercialization of historical resources is not an appropriate way to restore these homes, rather it destroys neighborhoods. C Planning Commission Minute_ , September 11,2002 Attachment 3 Page 3 Sandra Roley, Garden Street, expressed her disapproval of a change to the R-2 zone to allow Bed & Breakfast Homes. Leo Pinard, 714 Buchon Street, expressed his disapproval of the text amendment. He noted that Bed and Breakfast Inns are a business, and the requirements that are noted would destroy what the City is presumably trying to save, which is the residential character of the neighborhood. Tom Kay, 369 Chaplin, felt that including Bed & Breakfast Inns in R-2 zones is a very serious matter that should be seriously considered. There were no further comments made from the public. COMMISSION COMMENTS: Commr. Boswell felt this is not a good direction for the R-2 zone, and did not support increasing the transient nature of an R-2 neighborhood. He stressed the loss of residential uses in this community, and made some recommendations if the project goes forward. Commr. Caruso did not support this project because he felt that the conversion of homes to bed and breakfast establishments is contrary to the housing goals of the City. Commr. Caruso moved that the R-2 zone is not appropriate for a Bed & Breakfast Home and to deny that aspect of the text amendment. Seconded by Commr. Boswell. Commr. Peterson commented that he supports the motion because the City cannot afford to lose any housing. He noted, however, that converting the 687 Islay Street property to a Bed & Breakfast establishment would lessen the impacts on the neighborhood from its current use as nine apartments. AYES: Commrs. Caruso, Boswell, Peterson Aiken, Osborne, and Loh NOES: None ABSENT: Commr. Cooper ABSTAIN: None The motion carried 6-0. Deputy Director Whisenand suggested the Commission give their opinions on the criteria for the R-3, R-4 and AG zones. Chairwoman Loh recommended that staff discuss historical issues with the CHC for their opinion on historical significance of a structure proposed for conversion to a bed. and breakfast establishment. Planning Commission Minute__ ' �' Attachment 3 September 11,2002 Page 4 Commr. Boswell recommended this return to the Planning Commission for consideration in the R-3, R-4 and AG zones. He suggested there be a finding required regarding the cumulative impact of this type of commercial use in a residential area. Commr. Boswell moved they continue their discussion of the Text Amendment in the R-3 R-4 and AG zones to a date uncertain. Seconded by Commr. Peterson. Chairwoman Loh expressed the importance of parking and how much alteration should occur if the structure is to retain residential character. Commr. Caruso requested that this General Plan Policy issue of allowing bed .and breakfast establishments in the R-3 and R-4 zones be included in the Housing Element discussions of City policies that constrain development of high-density properties and workforce housing. Vice-Chair Osborne commented that bed and breakfast establishments should not be restricted to historic structures. He suggested that the lot not be entirely paved. Commr. Peterson was uncomfortable with Bed & Breakfast Inns in the R-2 zone, and felt more housing would be lost if they continue to be allowed in the in R-3 and R-4 zones. There was no action taken. 2. 520 Grand Avenue. A 90-02; Request for a high occupancy residential u permit to allow eight occupants; R-1 zone; Grand Avenue Properties, applicant Associate Planner Michael Codron presented the staff report, rec mending approval of a High-Occupancy Residential Use Permit to allow eight is to live in a single- family home, based on findings and subject to conditions, ch he outlined. Steve Barasch, applicant, gave a brief presentatio and requested this application be approved because it complies with the curre erformance standards for the City of San Luis Obispo. Commr. Aiken asked the applicant ' e was aware of the correspondence received by the City opposing the project. Mr. Barasch replied th ince none of the letters were addressed to him, he was not aware of them. Commr. Ai asked if the garage could be oriented so the doors are on the west and the acc would be through a single driveway. nner Codron noted that under the current Zoning Ordinance, the garage could be converted into a side-loaded garage. Attachment 3 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT ITEM#1 FROM: Ron Whisenand, Deputy Director MEETING DATE: September 11,2002 Prepared by: Lynn M. Azevedo, Associate Planner(781-7166) FILE NUMBER: TA 41-02, ER 41-02 PROJECT ADDRESS: City-wide SUBJECT: Text Amendment to the Zoning Regulations to allow Bed and Breakfast Homes in the R-2 zone subject to Planning Commission approval and standards for Bed and Breakfast establishments in the R-2, R-3, R-4, and AG zone districts. RECOMMENDATION: Provide direction on the proposed criteria and continue the hearing to October 9, 2002. BACKGROUND Proiect Description An application has been received to amend the uses allowed in the R-2 zone to include Bed and Breakfast (B&B) establishments subject to Planning Commission approval. The applicant would propose to convert a historical residence within the City to a Bed and Breakfast Home, if this Text Amendment is approved. In conjunction with the applicant's request, staff has prepared site development and performance standards for bed and breakfast establishments in the R-3; R-4, and AG zone districts since standards were not adopted when B&B's were first approved within these zones in 1996. Previous Review This subject was brought forth to the Planning Commission as a study session item at the June 12, 2002 Commission meeting (6/12/02 staff report attached). Several Commissioners indicated that they thought conversion of some of the City's historic homes into bed and breakfast establishments would be a way to encourage their restoration and renovation. All Commissioners agreed that if such text amendment went forward, there should be criteria to ensure the residential character of the neighborhood(s) is maintained. Some of the criteria staff was directed to consider in a text amendment included: use being subject to Planning Commission Use Permit approval, must be within a"historic" structure, proximity to downtown, owner/manager occupancy, limit on the number of rental rooms, adequacy of parking and access, minimum parcel size, and any other methods to ensure residential character is maintained. Another issue staff was asked to address included Bed and Breakfast establishments being allowed on contributing properties, not just master list properties, and the number of properties affected under such expanded criteria. - Attachment 3 TA/ER 41-02 Planning Commission Meeting Page 2 September 11, 2002 Commission concerns included potential loss of housing and criteria so strict that the B&B business cannot succeed. EVALUATION Staff has prepared a Draft Text Amendment that establishes a distinction between a "bed and breakfast home" and "bed and breakfast inn." A home having up to 8 rooms and an inn between 9 and 15 rooms. In the R-2 zone, a bed and breakfast home may be allowed, not an inn. The distinction is made for two reasons. First, the industry (bed and breakfast operators) distinguishes between a "home" and "inn" and most governmental jurisdictions distinguish, between the two providing different standards for each. Secondly, since 1996 the City of San Luis Obispo currently has allowed bed and breakfast inns within the R-3 and R-4 zones subject to Planning Commission Use permit, in the AG zone subject to Administrative Use Permit, and in the C-C, C-R, and C-T zones "by right." A "bed and breakfast inn" is defined in the Municipal Code as "a building or group of buildings providing fifteen or fewer rooms or suites for the accommodation of travelers, with a common eating area for guests." A "bed and breakfast home" is proposed to be defined as a "single-family dwelling providing 8 or fewer rooms or suites for the accommodation of travelers, with a common eating area for guests." Issues Number of guest rooms in a bed and breakfast home: The applicant proposes the definition of bed and breakfast home to allow up to 9 guest rooms. The reason for this being that should this text amendment be approved, her Use Permit application to utilize the home she owns as a B&B would potentially accommodate 9 guest rooms. Staff suggests a maximum of 8 guest rooms in the B&B "home" definition and §17.19.050.11, since 9 starts the definition of B&B "inn." The Commission's recommendation for a maximum number of guest rooms is requested. In comparison with other jurisdictions, typically no more the 2 or 3 guest rooms are allowed in the lower density residential zones such as the R-2. The larger B&B's are typically found in some sort of tourist commercial or "resort residential" zoning district. Staff has suggested a method by which to determine the maximum number of guest rooms in the R-2, R-3 and R-4 zones. §17.19.050.10 and §17.19.060.7 states. In part this has been suggested because of the uniqueness (size) of some of the historic homes in the R-2 zone. "In general, the number of guest rooms permitted should be based on the City's density unit calculation with a rental room counting as a studio, and shall in no case exceed 8 (for the R-2) or 15 (in the R-3, R-4). The manager's quarters shall be valued based on number of bedrooms but in no case shall be less than 1.0 density unit. The maximum density unit value, less the value of the manager's quarters shall generally determine the maximum number of guest rooms. Other factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses." Attachment 3 TA/ER 41-02 Planning Commission Meeting Page 3 September 11_, 2002 Using the example of the master list property at 687 Islay Street, the parcel is approximately 21,090 square feet. 21,090s.f./43,560 s.f./ac * 12 du/acre = 5.8 density units less Manager's Quarters @ 1.0 du min.= 4.8 density units 4.8 d.u./0:5 studio d.u. value = 9.6 or 9 studios/guest rooms Maximum number of guest rooms = 8 On a 10,000 square-foot property, the proposed minimum parcel size, the maximum number of guest rooms would be as follows: 10,000 s.f./43,560 s.fJac * 12 du/acre = 2.75 density units . less Manager's Quarters @ 1.0 du min.= 1.75 density units 1.75 d.u./0.5 studio d.u. value = 3.5 or 3 studios/guest rooms Maximum number of guest rooms = 3 An alternative could be to count a guest room as the value of a one bedroom dwelling which is 0.66. This would reduce the number of potential guest rooms. Historic significance: The premise for allowing the use of a home in the R-2 zone as a B&B is that the business aspect will generate revenues necessary for the restoration and maintenance of that home; hence, the limitation of B&B's to.historical homes. With regard to the historic value of a property, the draft text amendment proposes: "The residence to be used as a Bed and Breakfast Home shall be of historic significance, either (1) on the City's "Master List" and within an historic district or (2) on the City's "Master List" and on the National Register of Historic Places at the date of application." Many Master List properties are not on the National Register of Historic Places. If the property is not within an historic district, then it should be on the.National Register. An analysis was done regarding the number of eligible properties should "contributing" properties be included. See the discussion on "Number of Properties Affected" below. This criteria can significantly affect the number of potentially eligible B&B properties and staff requests the Commission's recommendation on this particular issue. The current ordinance governing B&B's in the R-3, R-4, and AG zones provides no standards for their development. There have also been no applications for a B&B in any of these zones since the ordinance was implemented. Whether or not properties within these zones "should be of historic or architectural significance" (§17.19.060.1 and §17.19.070.1) is an area staff requests direction. As it stands, a B&B could be built on any R-3 or R-4 zoned property in the City (an AG-zoned property does not exist within City limits currently). It seems appropriate to impose limitations. Requiring historic or architectural significance is one limiting criteria. The verbiage now includes the word"should" which should either be a"shall" or the whole notion eliminated. Employees: Some jurisdictions address the issue of employees and others do not. §17.19.040.9 has been included in the draft text amendment for Commission consideration. Two options have Attachment 3 TA/ER 41-02 Planning Commission Meeting Page 4 September 11, 2002 been provided although modification of the language or elimination of the provision altogether is the Commission's prerogative. The intent of the provision is to further ensure neighborhood compatibility by limiting the number of people going to and from the property. The difficulty with the provision is that it would be difficult to enforce and any problem with the operation of a B&B would invite a Use Permit revocation hearing before the Planning Commission anyway. . Parking requirements and development standards: The zoning ordinance already specifies the parking requirement for a bed and breakfast inn. Page 5 of the draft text amendment proposes slight language modification to include a bed and breakfast home. §17.19.050.7 and §17.19.060.4 also include a parking provision for any residential rental units (i.e. apartments) that may be included in a residential structure. With regard to parking lot development, Sections 17.19.050.8 and 17.19.060.5 are written so that parking areas for guests and employees comply with minimum setbacks for structures. The word "generally" is incorporated to provide flexibility if so desired. Number of Properties Affected Variation of the standards in the draft text amendment affect the number of properties eligible for use as a B&B: Staff has prepared 3 maps showing the possible sites eligible within the R-2 or R- 2-H zones for establishment of a B&B based on 2 criteria, these being historic significance and parcel size. Specifically, the maps show: A. Master List Properties on parcels 10,000 s.f. or larger in the R-2 or R-2-H zone. (17 Properties) A. Master List and Contributing Properties on parcels 10,000 s.f. or larger in the R-2 or R-2-H zone. (17 Master List and 28 Contributing) B. Master List and Contributing Properties in the R-2 or R-2-11 zone with no minimum parcel size. (71 Master List and 202 Contributing) The other criteria that affects whether a property could be used for a B&B establishment involves a site specific analysis that is beyond the scope of this text amendment. An example of this being the parking lot standards. Even though a parcel may meet the minimum size and be located adjacent to the right classification of street, the existing development pattern of that property may not be able to accommodate a parking program that meets standards. So even though it may register as an eligible property, there is no guarantee that it would be able to receive Use Permit approval for a B&B. Environmental Analysis An initial study is being prepared. Potential impacts identified include aesthetics, traffic, parking, noise, and impacts to housing supply. The Commission's direction on various aspects of the draft text amendment language will assist in completing the environmental review. In general, however, traffic associated with a bed and breakfast home or inn, per the criteria involved in this draft text amendment, would not necessarily be all that different from traffic a-ig i Attachment 3 TA/ER 41-02 Planning Commission Meeting Page 5 September 11, 2002 already associated with the potentially eligible properties. Also, the street "levels of service" would not be impacted. Potential aesthetic impacts would be mitigated as part of the Use Permit process as well as parking and noise. Housing issues potentially affect 2 of the 17 master list properties, as only 2 are multiple family uses currently. What do other communities do? There is a wide variation in what other communities do with respect to the regulation of B&B's. A table was provided to the Commission at the June 12, 2002 Commission meeting which compared criteria of the communities of Santa Barbara, Monterey, Carmel, Pacific Grove, and various cities in the Napa/Sonoma Valley area. This matrix has been updated to show how this draft text amendment compares to the other jurisdictions. RECOMMENDATION Provide direction on the proposed criteria and continue the hearing to October 9, 2002. Attached: 1. Draft Text Amendment 41-02 2. Related staff report from the 6/12/02 Planning Commission meeting 3. Matrix comparing B&B criteria of other jurisdictions 4. Maps showing properties affected (to Commissioners only) G:\GROUPS\COMDEV\CD-PLANUauvedo\OrdinancesB&B PC 2 Report.doc PLANNING COMMISSION Attachment 4 RESOLUTION NO. 5351-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO RECOMMENDING APPROVAL OF TEXT AMENDMENT 41-02 ESTABLISHING SITE DEVELOPMENT AND PERFORMANCE STANDARDS FOR BED AND BREAKFAST ESTABLISHMENTS IN THE R-39 R-4,AND AG ZONE DISTRICTS WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 6., 2002, for the purpose of considering a. Text Amendment establishing site development and performance standards for bed and breakfast establishments in the R-3, R-4, and AG zone districts; and WHEREAS, the Planning Commission considered the draft Negative Declaration of environmental impact as prepared by staff; and WHEREAS, notice of said public hearing was made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Based upon all the evidence, the Commission hereby recommends approval to the City Council of Text Amendment 41-02 subject to the following findings: Findings 1. Bed and breakfast inns are already allowed uses in the R-3, R-4, and AG zones subject to Use Permit approval, consistent with General Plan Policy LU 3.4.2. 2. No specific development criteria or performance standards have been adopted for establishment of a bed and breakfast inn, the lack of which could negatively affect existing residential neighborhoods. 3. The proposed development criteria and performance standards are consistent with the Zoning Ordinance and are designed to ensure that the location, concentration, and design of bed and breakfast establishments is consistent with or does not negatively affect the character of function of the neighborhood and surroundings. J Planning Commission Resolution No.5351-02 Attachment 4 Page 2 On motion by Commissioner Osborne, seconded by Commissioner Cooper, and on the following roll call vote: AYES: Commrs. Aiken, Boswell, Cooper, Osborne, and Chairperson Loh NOES: None REFRAIN: None ABSENT: Commr. Caruso The foregoing resolution was passed and adopted this 6`s day of November, 2002. Planning Commission by: Ronald Whisenand, Secretary a-� � 1 J Attachment 4 city of san lugs oslspo text amen6ment 41-02 Chapter 17.19 BED AND BREAKFAST ESTABLISHMENTS Sections: 17.19.010 Purpose 17.19.020 Definitions 17.19.030 Applications and approval required 17.19.040 General standards 17.19.050 Site development and performance standards in the R-3 and R-4 zones 17.19.060 Site development and performance standards in the AG zone 17.19.070 Findings required 17.19.080 Revocation of a permit 17.19.010 Purpose. To establish standards for the development of bed and breakfast establishments within the residential and agriculture zones of the City upon conforming to set criteria and conditions. The intent of these standards is to ensure that the location, concentration, and design of bed and breakfast establishments is consistent with or.does not negatively affect the character or function of the neighborhood and surroundings. 17.19.020 Definitions. Bed and Breakfast Inn: a building or group of buildings providing up to fifteen rooms or suites for the accommodation of travelers, with a common eating area for guests. 17.19.030 Applications and approvals required. A Bed and Breakfast Inn is allowed as specified in Section 17.22 of the San Luis Obispo Municipal Code. In addition to the applicable Use Permit requirement, review by the Cultural Heritage Committee and Architectural Review Commission may be required depending upon the type of changes proposed to any structure intended for use as a Bed and Breakfast Inn. 17.19.040 General standards. These standards apply to all bed and breakfast homes or inns in the R-3, R-4, and AG zone districts. 1. The use permit is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood; Attachment 4 TA 41-02—Planning Cornmt.)jzon Adopted(11106102) Page 2 of 4 B&B Inn regulations in R-3, R-4&AG zones 2. A bed and breakfast inn must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City; 3. A City business license is required and remittance of transient occupancy tax is required; 4. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use; 5. The home shall not be used by the public or paying guests for the hosting of receptions, private parties or the like; 6. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast home; 7. There shall be no separate or additional kitchen facility for the guests; 8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential characteristics of the premises or jeopardizes/eliminates features of historical or architectural significance. Changes to any historical building shall be consistent with the Secretary of Interior Standards and shall be subject to Cultural Heritage Committee and Architectural Review Commission approval; 9. No historical structure shall be removed in order to allow for a bed and breakfast home or inn nor shall such a structure be removed in order to provide parking for such a use; 10. One non-internally illuminated sign may be erected on the property not to exceed ten (10) square feet in size per street frontage. Lighting level shall comply with City sign regulations for the zone district. The sign shall compliment the nature of the use; i.e. historic structures should have an historic style sign. The sign shall contain no information other than identification of the premises as the named bed-and-breakfast home.. 17.19.050 Site development and performance standards in the R-3 and R-4 Zones. These additional standards apply to bed and breakfast inns in the R-3 and R-4 zones. 1. The main building of the Bed and Breakfast establishment must be the "primary residence" of the"owner" or"manager" of the bed and breakfast use; 2. Accessory buildings and structures may also be used for bed and breakfast guest rooms; 3. Generally, the minimum parking setback for guest/employee spaces shall be 15 feet from a "street yard" and 5 feet from an `other yard" (yards as defined in §17.16.020). The parking area shall be screened from direct view of the public right-of-way by a completely planted visual barrier. 4. All parking spaces and driveways shall be paved to City standards with decorative materials or, if a historic property, materials which maintain the historical character of the neighborhood and.premises. 5. In general, the number of guest rooms permitted should be based on the City's density unit calculation with a rental room counting as a studio, and shall in no case exceed 15. The manager's quarters shall be valued based on number of bedrooms but in no case shall be less than 1.0 density unit. The maximum density unit value, less the value of the manager's quarters shall generally determine the maximum number of guest rooms. Other factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses. -�3 - Attachment 4 TA 41-02—Planning Comm.....ion Adopted(11106/02) Page 3 of 4 B&B Inn regulations in R-3, R-4&AG zones 6. Sites with historic structures shall balance outdoor space for guest use with space required for off-street parking needs. 17.19.060 Site development and performance standards in the Agriculture Zone. These additional standards apply to bed and breakfast homes or inns in the Agriculture (AG) zone. 1. The main building of the Bed and Breakfast establishment must be the "primary residence" of the owner or manager of the bed and breakfast use; 2. Accessory buildings and structures may also be used for bed and breakfast guest rooms; 3. The establishment of a bed and breakfast use shall not result in the conversion of land in agricultural production; 4. Factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses, and in no case shall the number of guest rooms permitted exceed 15; 17.19.070 Findings required. In approving a Use Permit for a bed and breakfast inn, the Planning Commission must make the following findings: 1. The establishment of the bed and breakfast inn is consistent with the general plan; and 2. The establishment of the bed and breakfast inn will not be detrimental to a building, structure or feature of significant aesthetic, cultural, or historical interest or value; 3. The establishment of the bed and breakfast inn does not constitute undue concentration of such establishments that would negatively affect the appearance and/or function of the surrounding neighborhood; and 4. The establishment of the bed and breakfast inn is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses. These findings shall be in addition to those required for the approval of use permits contained in § 17.58.040. 17.19.080 Revocation of a permit. The owner and/or manager of a bed and breakfast establishment shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the Community Development Director may schedule a public hearing before the Planning Commission to consider revocation of the permit. a-� - Attachment 4 TA 41-02-Planning Comms"ton Adopted(11106102) Page 4 of 4 B&B Inn regulations in R-3, R-4&AG zones --------------------------------------------------------------------------------------------------------------------------- NOTE: Additions are denoted by underline and deletions by saikethFough. 17.16.060-Table 6: Parking Requirements by Use Type of Use Number of Off-Street Parking Spaces Required Bed and breakfast inns One per room or group of rooms to be occupied a suite, plus eae two for resident manager's quarters NOTE: Proposed text is shaded in the table, otherwise by underline. Chapter 17.22 USE REGULATION Table 9-Uses R-1 R-2 R-3 R-4 AG C/OS O" PF C-N C-C C-R C-T C-S M Allowed by Zone EXISTING: PC PC D A A A Bed and breakfast inns PROPOSED: PC zr PC n D2' A A A Bed and breakfast home or um 23 -Allowed subiect to compliance with development standards stipulated in Chapter 17.19. �-9 Attachment 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Text Amendment TA/ER 41-02 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Lynn M. Azevedo, Associate Planner 805-781-7166 4. Project Location: City-wide 5. Project Sponsor's Name and Address: Jenifer Boundy 1323 Balboa Street, San Luis Obispo, CA 93405-4903 6. General Plan Designation: N/A 7. Zoning: N/A 8. Description of the Project: Inclusion of Bed and Breakfast establishments in the R-2 zone district and the addition of site and development and performance standards for Bed and Breakfast establishments in the R-3 and R-4 zone districts. 9. Project Entitlements Requested: None. 10. Surrounding Land Uses and Settings: This text amendment potentially applies to properties City-wide in the R-2, R-3, and R-4 zone districts. 11. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None. Attachment 5 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Potentially Significant Impact Unless Mitigation is Incorporated" as indicated by the checklist on the following pages. Aesthetics Geology/Soils Public Services Agricultural Resources Hazards&Hazardous Recreation Materials Air Quality Hydrology/Water Quality Transportation&Traffic Biological Resources Land Use and Planning Utilities and Service Systems Cultural Resources Noise Mandatory Findings of Si ificance Energy and Mineral Population and Housing Resources FISH AND GAME FEES There is no evidence before the Department that the project will have any potential adverse effects on fish X and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CmemuST 2001 'oQ J t Attachment 5 DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. R r Signature Date Ronald Whiknand Deputy Director of Community Development For: John Mandeville,Community Development Director Printed Name �. CITY OF SAN Luis Osispo 3 INITIAL STUDY ENVIRONMENTAL CHEOKuST 2001 a . s Attachment 5 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for.all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.The explanation of each issue should identify the significance criteria or threshold,if any,used to evaluate each question. 3. "Potentially Significant Impact'is appropriate if there is substantial evidence that an effect is significant. If there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than.Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Code of Resources. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate,include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. In this case,a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. . c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 AA V-1 Attachment 5 Issues,Discussion and Supportinr, information Sources Sources Pot. Ay Potentially IessThan No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated 1.AESTHETICS. Would theproject: a) Have a substantial adverse effect on a scenic vista? 1,2 X b) Substantially damage scenic resources,including,but not limited to,trees,rock outcroppings,open space,and historic 1,2, X buildings within a local or state scenic highway? 28 c) Substantially degrade the existing visual character or quality of the site and its surroundings? 28 X d) Create a new source of substantial light or glare which would adversely effect day or nighttime views in the area? 11,28 X Evaluation The proposed text amendment potentially applies to historical properties within the R-2 zone district and any R-3, R4,and AG zoned property that can meet the specified development standards. A Use Permit would be required for any bed and breakfast establishment and most likely architectural review and possibly review by the Cultural Heritage Committee also required. The design of the development standards is to avoid aesthetic impacts. Avoidance would be insured through the discretionary permit review process. Conclusion Less than significant impact. 2.AGRICULTURE RESOURCES. Would theproject: a) Convert Prime Farmland,Unique Farmland,or Farmland of X Statewide Importance(Farmland),as shown on the maps 1, 12, pursuant to the Farmland Mapping and Monitoring Program of 13,28 the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for agricultural use,or a X Williamson Act contract? 11,28 c) Involve other changes in the existing environment which,due to X their location or nature,could result in conversion of Farmland, 28 to non-agricultural use? Evaluation Properties eligible to establish a Bed and Breakfast Home in the R-2 zone would be located within the developed parts of the City, not on agricultural property. Properties zoned R-3 and R4 and eligible to establish a Bed and Breakfast Home or Inn are likely to again be within developed portions of the City. One of the development standards applicable to the AG zone states that "the establishment of a bed and breakfast use shall not result in the conversion of land in agricultural production." This would avoid impacts to agricultural resources for a bed and breakfast use in this zone. Any proposal in an undeveloped area would be subject to CEQA and individually analyzed for impacts. Conclusion No impact. 3. AIR QUALITY. Would theproject: a) Violate any air quality standard or contribute substantially to an X existing or projected air quality violation? 1,2,8 b) Conflict with or obstruct implementation of the applicable air X quality plan? 14 c) Expose sensitive receptors to substantial pollutant X concentrations? 11,28 d) Create objectionable odors affecting a substantial number of 28 X people? CITY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 a � h►�.wvutt�.t�i J Issues,Discussion and Supporting-informationSources Sources Pote.. Ay Potentially L&ss Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated e) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non-attainment 1,2, under an applicable federal or state ambient air quality standard 8, 14 (including releasing emissions which exceed qualitative thresholds for ozone precursors)? Evaluation A bed and breakfast establishment in and of itself, in the zone districts included in the text amendment, would not create objectionable odors. Emissions from automobiles contribute to pollutants for which the region is non-attainment. With the proposed development standards,traffic generation associated with a bed and breakfast establishment would not exceed the maximum residential density or traffic generation assumptions made by the General Plan. Conclusion Less than significant impact. 4. BIOLOGICAL RESOURCES. Would theproject: a) Have a substantial adverse effect,either directly or indirectly or through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional 5, 11 X plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b) Have a substantial adverse effect,on any riparian habitat or other sensitive natural community identified in local or regional plans,policies,or regulations,or by the California Department 5, 11 X of Fish and Game or U.S.Fish and Wildlife Service? c) Conflict with any local policies or ordinances protecting biological resources,such as a tree preservation policy or 5, 11 X ordinance(e.g.Heritage Trees)? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of 5, 11 X wildlife nursery sites? e) Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan,or other approved 5, 11 X local,regional,or state habitat conservation plan? f) Have a substantial adverse effect on Federally protected wetlands as defined in Section 404 of the Clean Water Act (including,but not limited to,marshes,vernal pools,etc.) 5, 11 X through direct removal,filling,hydrological interruption,or other means? Evaluation The establishment of a Bed and Breakfast Home or Inn is likely to occur within the urbanized portion of the City with very few modifications required to existing homes. The establishment of any bed and breakfast use which entails new construction would be subject to CEQA and individually analyzed for impacts. Conclusion Less than significant impact. 5.CULTURAL RESOURCES. Would theproject: a))Clause a substantial adverse change in the significance of a 1,5, CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKusT 2001 a - Attachment 5 Issues,Discussion and Supporting information Sources Sources Potem.__.i Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated historic resource?(See CEQA Guidelines 15064.5) 11, 19 X b) Cause a substantial adverse change in the significance of an 1,5, archeological resource?(See CEQA Guidelines 15064.5) 11,20 X c) Directly or indirectly destroy a unique paleontological resource 1,5, or site or unique geologic feature? 11 X d) Disturb any human remains,including those interred outside of 1,5, formal cemeteries? 11,22 X Evaluation Properties eligible to establish a Bed and Breakfast establishment in the R-2 zone, and possibly within the R-3, R-4, and AG zones, would be of historical significance. In that all Bed and Breakfast establishments in these zones would require Use Permit approval, and in the case of an historical property require review by the City's Cultural Heritage Committee and possibly the Architectural Review Commission, compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, the City's Historical Preservation Program Guidelines, and Archaeological Resource Preservation Guidelines would be ensured through these review processes and impacts to cultural resources avoided. Any development proposal on property within a sensitive archaeological area would require supplemental studies and possibly require additional environmental review. Projects would be individually analyzed for potential impacts and mitigation developed on a case-by-case basis. Conclusion Less than significant impact. 6. ENERGY AND MINERAL RESOURCES. Would the prmqiect: a) Conflict with adopted energy conservation plans? 1,5 X b) Use non-renewable resources in a wasteful and inefficient manner? 11,27 X c) Result in the loss of availability of a known mineral.resource that would be of value to the region and the residents of the 1,5 X State? Evaluation The conversion of a residential property to a Bed and Breakfast Home or Inn is likely to require minor modifications to the existing structure. All changes are required to comply with locally adopted building codes which incorporate energy conservation methods. New construction would be built to the building codes in effect at the date of building permit application which codes,again,incorporate energy conservation methods. A bed and breakfast establishment in general is not a large consumer of non-renewable resources and based on the proposed criteria would not cause the loss of a known mineral resource of value to the region or State. Conclusion Less than significant impact. 7. GEOLOGY AND SOILS Would theproject: a) Expose people or structures to potential substantial adverse effects,including risk of loss,injury or death involving: 4, 12 I. Rupture of a known earthquake fault,as delineated in the X most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area,or based on other substantial evidence of a known fault? II. Strong seismic ground shaking? X M. Seismic related ground-failure,including liquefaction? X W. Landslides or mudflows? X CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 a-3a - N Attachment 5 Issues, Discussion and Supporting Information Sources Sources Pot, Jly Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated b) Result in substantial soil erosion or the loss of topsoil? 4, 12 X c) Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in on or off site landslides,lateral spreading,subsidance, 4, 12 X liquefaction,or collapse? d) Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code(1994),creating substantial risks to life 4, 12 X or property? Evaluation a)c) San Luis Obispo County, including the City of San Luis Obispo, is located within the Coast Range Geomorphic Province,which extends along the coastline from central California into Oregon. This region is characterized by extensive folding,faulting,and fracturing of variable intensity. In general,the folds and faults of this province comprise the pronounced northwest trending ridge-valley system of the central and northern coast of California. Under the Alquist-Priolo Special Studies Zone Act,the State Geologist is required to delineate appropriately wide special studies zones to encompass all potentially and recently-active fault traces deemed sufficiently active and well-defined as to constitute a potential hazard to structures from surface faulting or fault creep. In San Luis Obispo County,the special Studies Zone includes the San Andreas and Los Osos faults.The edge of this study area extends to the westerly city limit line,near Los Osos Valley Road.According to a recently conducted geology study,the closest mapped active fault is the Los Osos Fault,which runs in a northwest direction and is about one mile from the City's westerly boundary. Because portions of this fault have displaced sediments within a geologically recent time(the last 10,000 years),portions of the Los Osos fault are considered"active". Other active faults in the region include:the San Andreas,located about 30 miles to the northeast, the Nacimiento,located approximately 12 miles to the northeast,and the San Simeon-Hosgri fault zone, located approximately 12 miles to the west. Although there are no fault lines within City limits,the City of San Luis Obispo is located in an area of"High Seismic Hazards,"specifically Seismic Zone 4,which means that future buildings constructed on the site will most likely be subjected to excessive ground shaking in the event of an earthquake. Structures must be designed in compliance with seismic design criteria established in the California Building Code for Seismic Zone 4. To minimize this potential impact, the Uniform Building Code and City Codes require new structures to be built to resist such shaking or to remain standing in an earthquake. b) The potential for soil erosions would be evaluated with an individual application. City standards are in place to avoid or minimize soil erosion which would be applied to the project through the discretionary permit process. c), d) Per the Safety Element of the General Plan, much of the City has a high potential for liquefaction and contains highly expansive soils as defined in Table 18-1-B of the Uniform Building Code (1994). A soils engineering report is required with building permits to insure the integrity of the structures and infrastructure. Conclusion Less than significant impact. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the Vro'ect: a) Create a significant hazard to the public or the environment though the routine use,transport or disposal of hazardous 4,28 X materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions 4 involving the release of hazardous materials into the X environment? c) Emit hazardous emissions or handle hazardous or acutely �r CITY OF SAN Luis OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHEOKLIsT 2001 x,33 Attachment 5 Issues,Discussion and Supporting information Sources sources Potent.—.y Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated hazardous materials,substances,or waste within one-quarter 4 X mile of an existing or proposed school? d) Expose people or structures to existing sources of hazardous emissions or hazardous or acutely hazardous materials, 4 X substances,or waste? e) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 4 65962.5 and,as a result,it would create a significant hazard to X the public or the environment? f) For a project located within an airport land use plan,or within two miles of a public airport,would the project result in a safety 26 X hazard for the people residing or working in the project area? g) Impair implementation of,or physically interfere with,the adopted emergency response plan or emergency evacuation 4 X plan? h) Expose people or structures to a significant risk of loss,injury, or death,involving wildland fires,including where wildlands 4 X are adjacent to urbanized areas or where residents are intermixed with wildlands? Evaluation a), b), c), d) The operation of a Bed and Breakfast establishment does not involve the routine use, transport, disposal, handling or emission of hazardous materials, therefore, would not result in the release of hazardous materials into the environment. e) Whether or not a project site is not included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 would be determined with each individual use permit application. f) In general,any Airport Land Use Zone in which a single-family or multi-family residence is deemed either"compatible" or "conditionally approvable," a motel or hotel is deemed the same. Compliance with the SLO County Regional Airport Airport Land Use Plan will be evaluated on a case-by-case basis. g) Whether a proposal to establish a Bed and Breakfast Home or Inn would conflict with any emergency response plan or emergency evacuation plan or whether it would expose people or structures to a significant risk of loss, injury, or death from wildland fires would be evaluated on an individual basis and appropriate mitigation and conditions applied to and action taken on the respective Use Permits to avoid such impacts. Conclusion Less than significant impact. 9. HYDROLOGY AND WATER QUALITY. Would theproject: a) Violate any water quality standards or waste discharge requirements? 7 X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local X groundwater table level(e.g.The production rate of preexisting 7 nearby wells would drop to a level which would not support existing land uses for which permits have been granted)? c) Create or contribute runoff water that would exceed the capacity of existing or planned storm-water drainage systems or provide 29 X substantial additional sources of polluted runoff. CITY OF SAN LUIS Owspo 9 INMAL STUDY ENVIRONMENTAL CHECKLIST 2001 a - V� Attachment 5 Issues,Discussion and Supportingfnformation Sources sources Poto. ply Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated d) Substantially alter the existing drainage pattern of the site or area in a manner that would result in substantial erosion or 29 X siltation on-site or off-site? e) Substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial flooding 29 X onsite or offsite? f) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate 9,25 X Map or other flood hazard delineation map? g) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? 9,25 X h Otherwise substantially degrade water quality? 29 X Evaluation b), h) If a new water meter as a result of new construction or an additional water meter as part of the conversion of an existing structure to a bed and breakfast establishment would be required,an additional water allocation would be required as there would be additional demand on the City's water supply. The City currently has water to allocate, and does so on a "first-come, first-served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Water will be provided by the City's Utilities Department and will not use or otherwise deplete groundwater resources or interfere with groundwater recharge. a),c),d),h) The parking requirements for a bed and breakfast establishment may result in more hardscape than that required for an existing residence proposed for conversion. A bed and breakfast establishment involving new construction may also result in more impervious surfaces than existing conditions. As a result, absorption rate, drainage patterns, and the amount and rate of surface runoff could be affected. To ensure that potential drainage impacts are minimized to a level of insignificance, development/redevelopment of any site will be required to be designed to meet all applicable City codes, including City grading and drainage standards. Site drainage will be evaluated with the grading plans as part of the Building Permit process. f), g) Each proposal would be evaluated individually with respect to Flood Zone and related flooding issues. Buildings will need to comply with FEMA requirements and the City's Flood Damage Prevention Ordinance. Conclusion Less than significant impact. 10. LAND USE AND PLANNING- Would theproject: a) Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the I X purpose of avoiding or mitigating an environmental effect? b) Physically divide an established community? I X c) Conflict with any applicable habitat conservation plan or natural community conservationplans? 1,5 X Evaluation a) General Plan Policy LU 3.4.2. states that "visitor-serving uses should be integrated with other types of uses, including overnight accommodations......; small-scale facilities (such as hotels or bed-and-breakfast places) may he located in Medium-High Density Residential and High-Density Residential Districts, where compatible." In 1994, the zoning ordinance was amended to allow bed and breakfast inns in the R-3 and R-4 zones consistent with this policy. Part of the proposed text amendment establishes development standards for this use in these zones to better ensure neighborhood compatibility. With respect to a"bed and breakfast home" in the R-2 zone district, such use is not specifically prohibited within the comparable general plan designation of Medium Density Residential. The intent of the proposed development standards within the text amendment is to ensure that a bed and breakfast home would be designed and operated such that CITY OF SAN LUIS QBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 O/ ' Attachment 5 Issues, Discussion and Supportinr, Information Sources Sources Pott .y Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated the residential character of the R-2 zone is maintained. b) The intent of the proposed development standards within the text amendment is to ensure the maintenance of residential character of the surrounding neighborhood. If this is achieved through project review,then there would be no impact with regard to"dividing an established community." c) Whether or not a proposed bed and breakfast establishment would affect any applicable HCP or natural community conservation plan is something that would be evaluated on an individual basis. City policies would prohibit such impact. Conclusion Less than significant impact. 11.NOISE. Would the project result in: a) Exposure of people to or generation of"unacceptable"noise levels as defined by the San Luis Obispo General Plan Noise 3,28 Element,or general noise levels in excess of standards X established in the Noise Ordinance? b) A substantial temporary,periodic,or permanent increase in ambient noise levels in the project vicinity above levels existing 3,9, X without the project? 17,28 c) Exposure of persons to or generation of excessive groundborne X vibration or groundborne noise levels? 28 d) For a project located within an airport land use plan,or within X two miles of a public airport or public use airport,would the 26 project expose people residing or working in the project area to excessive noise levels? Evaluation There is no direct relationship between the guidelines and physical changes to sites that could potentially create noise issues. Conclusion No impact. 12. POPULATION AND HOUSING. Would theproject: a) Induce substantial population growth in an area, either directly (for example by proposing new homes or businesses) or 28 X indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing or people necessitating the construction of replacement housing 28 X elsewhere? Evaluation Adoption of this text amendment does not affect the ability of the City to control and regulate future development proposals nor ensure compliance with adopted housing policies. Conclusion No impact. 13.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision,or need,of new or physically altered government facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times,or other CITY OF SAN LUIS OBIspo 11 INITIAL STUDY ENVIRONMENTAL CiHECKusT 2001 a '� Attachment 5 Issues, Discussion and Suppordi.e,information Sources sources Poty Potentially Less Than No Signirtcant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated performance objectives for any of the public services: a) Fire protection? I 1 X b) Police protection? I 1 X c) Schools? 11 X d) Parks? I1 X e) Roads and other transportation infrastructure? 11 X Other public facilities? 11 X Evaluation Adoption of this text amendment does not affect the ability of the City to control and regulate future development proposals with regard to public services issues. Conclusion No impact. 14.RECREATION. Would theproject: a) Increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical 9,28 X deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities,which might have an 9,28 X adverse physical effect on the environment? Evaluation By City Ordinance, commercial-type uses are not subject to providing recreational amenities or paying "in-lieu fees." Recreational demands are typically attributed to residential uses, not commercial. The text amendment itself nor any proposed bed and breakfast establishment would increase the use of, deteriorate, or require new construction of existing parks or recreational facilities. Conclusion No impact. 15. TRANSPORTATION/TRAFFIC. Would theproject: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system? 2, 11 X b) Exceed,either individually or cumulatively,a level of service standard established by the county congestion management 2, 11 X agency for designated roads and highways? c) Substantially increase hazards due to design features(e.g.sharp curves or dangerous intersections)or incompatible uses(e.g. 2, 11 X farm equipment)? d) Result in inadequate emergency access? 2,4 X e) Result in inadequate parking capacity onsite or offsite? 11 X f) Conflict with adopted policies supporting alternative transportation(e.g.bus turnouts,bicycle racks)? 2, 11 X g) Conflict with the with San Luis Obispo County Airport Land Use Plan resulting in substantial safety risks from hazards, 26 X noise,or a change in air trafficpatterns? CITY OF SAN Luis OsisPo 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 C4 , Attachment 5 Issues, Discussion and Supporthi., information Sources Sources Po. �Ily Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated Evaluation a), b) Given the limited scope of the proposed amendments, full implementation of the standards should not result in traffic levels that exceed the capacity of collector or arterial streets. The impact of a project on traffic operations at particular signalized intersections is not expected to be significant, given the potential locations of these uses. Depending on the intensity of the previous use of the property, neighbors could notice a significant increase in on-site activity. Where an apartment or boarding house is being converted to a B&B,the difference in activity levels should be minimal or may even be slightly reduced. Where single households are converted, the change in activity level will be more noticeable and the potential for neighbor complaints could increase. However,the Use Permit process will enable the City's transportation staff to review individual proposals to determine any project-specific impacts and mitigation and ensure compliance with the City's Neighborhood Traffic Management Standards(easy to determine and violations not anticipated). c) Other site-specific concerns might include sight distances from access drives, screening of on-site headlights, or vehicle noise where drive aisles pass close to sleeping rooms. These issues would likely be similar to multi-family housing projects in historic R-2 areas and can be addressed as part of the Use Permit process. d) Emergency access would be evaluated on a case-by-case basis. e) The impact of a proposed use on the availability of neighborhood parking would not be significant if the required off- street parking is sufficient to meet demand. A clearly-defined on-site off-loading space should be available for incoming patrons. Monitoring of parking impacts may be warranted at locations where on-street spaces are heavily used by surrounding residents during evening hours (not unusual in historic sections of town). Also, if Neighborhood Parking Management Districts were instituted (one is proposed in the "Old Town Area") on-street spaces would be limited for non- residents. f) The proximity of a particular B&B to City or regional transit service will depend on its particular location. However, demand for transit service would likely be limited from this type of use. The need for on-site bicycle storage would likely be limited, but accommodated by facilities required for multi-family residents in the R-2 Zone (see Table 6.5 in Zoning Regulations). g) As discussed in the Hazards section above, in general, any Airport Land Use Zone in which a single-family or multi- family residence is deemed either "compatible" or "conditionally approvable," a motel or hotel is deemed the same. Compliance with the SLO County Regional Airport Airport Land Use Plan will be evaluated on a case-by-case basis. Conclusion Less than significant impact. 16.UTILITIES AND SERVICE SYSTEMS. Would the ro'ect: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 7 X b) Require or result in the construction or expansion of new water treatment,wasterwater treatment,or storm drainage facilities, the construction of which could cause significant environmental 7 X effects? c) Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new and 7 X expanded water resources needed? d) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand and addition to 7 X the provider's existing commitment? e) Be served by a landfill with sufficient permitted capacity to CITY OF SAN Luis Osispo 13 INITIAL Smug ENVIRONMENTAL CHECKLIST 2001 9134 Attachment 5 Issues,Discussion and Supporth.t,.nformation Sources Sources Pot ly potentially Less Tnan No Significant Significant Significant impact Issues Unless Impact ER#41-02 Mitigation Incorporated accommodate the project's solid waste disposal needs? 23 X f) Comply with federal,state,and local statutes and regulations X related to solid waste? 23 Evaluation a),b) If the establishment of a bed and breakfast home or inn requires a new or larger water meter,that development will be subject to wastewater impact fees which were adopted to ensure that new development pays its fair share of the cost of constructing the wastewater treatment and distribution facilities that will be necessary to serve it. c) The City has adopted Water Allocation Regulations to ensure that increased water use by new development and land use changes do not jeopardize adequate water service to current and new customers. If the establishment of a bed and breakfast home or inn requires a new or larger water meter, that development is subject to payment of water impact fees which were adopted to ensure that new development pays its fair share of the cost of constructing the water supply, treatment and distribution facilities that will be necessary to serve it. d) Since this text amendment does not involve an actual development proposal,the ability of the City's wastewater treatment plant to serve a bed and breakfast establishment would be determined at the time an application is submitted. In general, the City is proactive in planning for adequate wastewater treatment capacity. The condition of existing sewers in the vicinity of a specific development proposal will be evaluated at the application stage. Impact fees are collected at the time building permits are issued to pay for capacity at the City's Water Reclamation Facility. The fees are set at a level intended to offset the potential impacts of the project. Wastewater impact fees are associated with water usage, so determination of applicable impact fees will be trade at the building permit stage. e),f) Background research of the Integrated Waste Management Act of 1989 (AB 939) shows that Californians dispose of roughly 2,500 pounds of waste per month. Over 90% of this waste goes to landfills, posing a threat to groundwater, air quality, and public health. Cold Canyon landfill is projected to reach its capacity by 2018. The Act requires each city and county in California to reduce the flow of materials to landfills by 50% (from 1989 levels) by 2000. To help reduce the waste stream generated by this project, consistent with the City's Source Reduction and Recycling Element, recycling facilities must be accommodated on the project site and a solid waste reduction plan for recycling discarded construction materials must be submitted with the building permit application.The project should include facilities for both interior and exterior recycling to reduce the waste stream generated by the project consistent with the Source Reduction and Recycling Element. Compliance with the City's Source Reduction and Recycling Element would be required with each Use Permit application. Conclusion Less than significant impact. 17.MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or X animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Adoption of the text amendment will have no direct impact on the physical characteristics of sites that could result in environmental impacts to biological or cultural resources. The establishment of a Bed and Breakfast Home or Inn is likely to occur within the urbanized portion of the City with very few modifications required to existing homes. The establishment of any bed and breakfast use which entails new construction would be sub'ect to CEQA and individuallyanalyzed for impacts. b) Does the project have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable" �r CITY OF SAN Luis OBISPo 14 INITIAL STuOY ENVIRONMENTAL CNECKusT 2001 a' Attachment 5 Issues, Discussion and Supporth.b information Sources sources Po. ly Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, X the effects of other current projects,and the effects of probable futureprojects) The only impacts that could be"cumulatively considerable"are aesthetics and traffic,and that would be if residences took on a commercial appearance (aesthetics) or if there were a high concentration of bed and breakfast establishments within a residential area (traffic). The text amendment, however, includes provisions that would enable the City to regulate the appearance, location,and density of bed and breakfast establishments to avoid such impacts. c) Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or X directly? See explanation under 17.b). 18.EARLIER ANALYSES. Earlier analysis may be used where,pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. N/A b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. N/A c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions of the proiect. 19. SOURCE REFERENCES I. City of SLO General Plan Land Use Element,August 1994 2. City of SLO General Plan Circulation Element,November 1994 3. City of SLO General Plan Noise Element,May 1996 4. City of SLO General Plan Safety Element,July 2000 5. City of SLO General Plan Conservation Element,July 1973 6. City of SLO General Plan Energy Conservation Element,April 1981 7. City of SLO Water and Wastewater Element,July 1996 8. City of SLO General Plan EIR 1994 for Update to the Land Use and Circulation Elements 9. City of San Luis Obispo Municipal Code 10. City of San Luis Obispo,Land Use Inventory database 11. Staff Knowledge 12. USDA,Soil Conservation Service,Soil Survey of San Luis Obispo Count 13. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency: http://www. onsrv.ca. ov/dl /FMMP/ 14. Clean Air Plan for San Luis Obispo County,Air Pollution Control District, 1998 15. CEQA Air Quality Handbook,Air Pollution Control District, 1997 16. Institute of Transportation Engineers,Trip Generation Manual,6 th Edition 17. City of San Luis Obispo Noise Guidebook,May 1996 18. 2001 City of San Luis Obispo Water Resources Report 19. City of San Luis Obispo,Historic Resource Preservation Guidelines 20. Cityof San Luis Obispo,Archaeological Resource Preservation Guidelines 21. City of San Luis Obispo,CEQA Reference Maps CITY OF SAN LUIS OBIS po 15 INITIAL STUDY ENVIRONMENTAL CHEcKus;T 2001 1" Lv Attachment 5 Issues, Discussion and Supportinb information Sources Sources Po, Jy Potentially I Las Than No Significant Significant Significant Impact Issues Unless Impact ER#41-02 Mitigation Incorporated 22. City of San Luis Obispo Burial Sensitivity Ma 23. City of SLO Source Reduction and Recycling Element,on file in the Utilities Department 24. San Luis Obispo Quadrangle Map,prepared by the State Geologist in compliance with the Alquist-Priolo Earthquake Fault Zoning Act,effective January 1, 1990 25. Flood Insurance Rate Ma (Community Panel 0603100005 C)dated July 7, 1981 26. San Luis Obispo County Airport Land Use Plan 2002 27. 1997 Uniform Building Code 28. Draft Text Amendment 29. City Engineering Standards All documents listed above, unless otherwise noted,are available for review at the City of San Luis Obispo Community Development Department,990 Palm Street,San Luis Obispo,California(805)781-7172. ATTACHMENT: Draft Text Amendment �! CITY OF SAN LUIS OBISPo 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 ATTACHMENT 6 ORDINANCE NO. XXXX (2003 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING ORDINANCE TO ESTABLISH SITE DEVELOPMENT AND PERFORMANCE STANDARDS FOR BED AND BREAKFAST INNS IN THE R-39 R-4,AND AG ZONE DISTRICTS (TA/ER 41-02) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 6, 2002, for the purpose of considering Application TA/ER 41-02 and recommended approval of such text amendment;and WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing on December 17, 2002 to consider Application TA/ER 41-02 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed text amendment is consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. The City Council makes the following findings: 1. Bed and breakfast inns are already allowed uses in the R-3, R-4, and AG zones subject to Use Permit approval, consistent with General Plan Policy LU 3.4.2. 2. No specific development criteria or performance standards have been adopted for establishment of a bed and breakfast inn, the lack of which could negatively affect existing residential neighborhoods. 3. The proposed development criteria and performance standards are consistent with the Zoning Ordinance and are designed to ensure that the location, concentration, and design of bed and breakfast establishments is consistent with or does not negatively affect the character or function of the neighborhood and surroundings. Ordinance No. XXXX (200. .pies) TA/ER 41-02 Attachment 6 Page 2 SECTION 3. The Zoning Regulations Text Amendment is hereby approved as found in Exhibit A. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 7th day of January, 2003, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2003, on the following roll call vote: AYES: NOES: ABSENT: David F. Romero, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: i Jeffrey . Jo ensen, ity Attorney G:\Groups\Comdev\Cd-plan\lazevedo\Ordinances\ORD TA 41-02(B&B Criteria).doc A Ordinance No. XXXX (206_ .ries) TA/ER 41-02 Attachment 6 Page 3 "EXHIBIT A" city of san Luis osispo text amendment 41-02 Chapter 17.19 BED AND BREAKFAST ESTABLISHMENTS Sections: 17.19.010 Purpose 17.19.020 Definitions 17.19.030 Applications and approval required 17.19.040 General standards 17.19.050 Site development and performance standards in the R-3 and R-4 zones 17.19.060 Site development and performance standards in the AG zone 17.19.070 Findings required 17.19.080 Revocation of a permit 17.19.010 Purpose. To establish standards for the development of bed and breakfast establishments within the residential and agriculture zones of the City upon conforming to set criteria and conditions. The intent of these standards is to ensure that the location, concentration, and design of bed and breakfast establishments is consistent with or does not negatively affect the character or function of the neighborhood and surroundings. 17.19.020 Definitions. Bed and Breakfast Inn: a building or group of buildings providing up to fifteen rooms or suites for the accommodation of travelers; with a common eating area for guests. 17.19.030 Applications and approvals required.. A Bed and Breakfast Inn is allowed as specified in Section 17.22 of the San Luis Obispo Municipal Code. In addition to the applicable Use Permit requirement, review by the Cultural Heritage Committee and Architectural Review Commission may be required depending upon the type of changes proposed to any structure intended for use as a Bed and Breakfast Inn. 17.19.040 General standards. These standards apply to all bed and breakfast homes'or inns in the R-3, R-4, and AG zone districts. 1. The use permit is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood; Ordinance No. XXXX (20G. ;ries) TA/ER 41-02 AttaChment 6 Page 4 2. A bed and breakfast inn must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City; 3. A City business license is required and remittance of transient occupancy tax is required; 4. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use; 5. The home shall not be used by the public or paying guests for the hosting of receptions, private parties or the like; 6. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast home; 7. There shall be no separate or additional kitchen facility for the guests; 8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential characteristics of the premises or jeopardizes/eliminates features of historical or architectural significance. Changes to any historical building shall be consistent with the Secretary of Interior Standards and shall be subject to Cultural Heritage Committee and Architectural Review Commission approval; 9. No historical structure shall be removed in order to allow for a bed and breakfast home or inn nor shall such a structure be removed in order to provide parking for such a use; .10. One non-internally illuminated sign may be erected on the property not to exceed ten (10) square feet in size per street frontage. Lighting level shall comply with City sign regulations for the zone district. The sign shall compliment the nature of the use; i.e. historic structures should have an historic style sign. The sign shall contain no information other than identification of the premises as the named bed-and-breakfast home. 17.19.050 Site development and performance standards in the R-3 and R4 Zones. These additional standards apply to bed and breakfast inns in the R-3 and R4 zones. 1. The main building of the Bed and Breakfast establishment must be the "primary residence" of the "owner" or"manager"of the bed and breakfast use; 2. Accessory buildings and structures may also be used for bed and breakfast guest rooms; 3. Generally, the minimum parking setback for guest/employee spaces shall be 15 feet from a "street yard" and 5 feet from an "other yard" (yards as defined in §17.16.020). The parking area shall be screened from direct view of the public right-of-way by a completely planted visual barrier. 4. All parking spaces and driveways shall be paved to City standards with decorative materials or, if a historic property, materials which maintain the historical character of the neighborhood and premises. 5. In general, the number of guest rooms permitted should be based on the City's density unit calculation with a rental room counting as a studio, and shall in no case exceed 15. The manager's quarters shall be valued based on number of bedrooms but in no case shall be less than 1.0 density unit. The maximum density unit value, less the value of the manager's quarters shall generally determine the maximum number of guest rooms.' Other factors used in determining the appropriate number of guest rooms.that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses. Ordinance No. XXXX (206__.nes) TA/ER 41-02 Attachment 6 Page 5 6. Sites with historic structures shall balance outdoor space for guest use with space required for off-street parking needs. 17.19.060 Site development and performance standards in the Agriculture Zone. These additional standards apply to bed and breakfast homes or inns in the Agriculture (AG) zone. 1. The main building of the Bed and Breakfast establishment must be the "primary residence" of the owner or manager of the bed and breakfast use; 2. Accessory buildings and structures may also be used for bed and breakfast guest rooms; 3. The establishment of a bed and breakfast use shall not result in the conversion of land in agricultural production; 4. Factors used in determining the appropriate number of guest rooms that may be permitted in any location shall include the relationship of the site to parking, access, character, size and scale of surrounding uses, and in no case shall the number of guest rooms permitted exceed 15; 17.19.070 Findings required. In approving a Use Permit for a bed and breakfast inn, the Planning Commission must make the following findings: 1. The establishment of the bed and breakfast inn is consistent with the general plan; and 2. The establishment of the bed and breakfast inn will not be detrimental to a building, structure or feature of significant aesthetic, cultural, or historical interest or value; 3. The establishment of the bed and breakfast inn does not constitute undue concentration of such establishments that would negatively affect the appearance and/or function of the surrounding neighborhood; and 4. The establishment of the bed and breakfast inn is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses. These findings shall be in addition to those required for the approval of use permits contained in § 17.58.040. 17.19.080 Revocation of a permit. The owner and/or manager of a bed and breakfast establishment shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the Community Development Director may schedule a public hearing before the Planning Commission to consider revocation of the permit. �'`tcp Ordinance No. XXXX (201. sties) TA/ER 41-02 Page 6 Attachment 6 --------------------------------------------------------------------------------------------------------------------------- 17.16.060—Table 6: Parking Requirements by Use Type of Use Number of Off-Street Parking Spaces Required Bed and breakfast inns One per room or group of rooms to be occupied a suite, plus two for resident manager's quarters --------------------------------------------------------------------------------------------------------------------------- Chapter 17.22 USE REGULATION Table 9-Uses R-1 R-2 R-3 R-4 AG GOS 0" PF C-N C-C C-R C-T C-S M Allowed by Zone EXISTING: PC PC D A A A Bed and breakfast inns PROPOSED: PC?3 PC" D" A A A Bed and breakfast home or inn 23—Allowed subject to compliance with development standards stipulated in Chapter 17.19. oF'��l 1 . 1 111 401 ��IO IIT 10 ♦j,♦♦� `'♦����♦i:'�� v ` ',�',��,♦l � .��� III,♦♦ q�j`�O �.• ,����,���� O 44 40 • ►♦��� ���'♦�♦.�♦j� ,�♦,i♦�,i�1'� .✓✓I✓jI•I���.�� i� �':''� 1 ;;;111 `♦♦• ♦���1♦�+ ♦♦♦♦�•j✓♦� ?��♦�. .�i�'♦ ������.;��i!♦11.1111 ��� 1 ♦♦� 01, ♦ �i�� j I �p�`.�% ��/♦�.,���+ 1111111 IplIII ,I�♦ IPA ,I , . ♦ ^� i' ♦ �� �� ♦ �` � �G •. ♦ ♦ • ♦ `BOO ♦ p .�� �� ��• 1 - • 111 �'"�.�� �i � ♦� `� � ,� + ` ,, ��/.���'� ��`� !�„,,♦ �♦• �;�� ��O♦ o,G,� � �� �` � 'iI`�� ilii iG �.�''' Ay ., • �.�i /�+. .G i ♦.♦ � ♦� �> pig �" �: ri i ' 'u 111����1�1111/l� ���.`� �� ��✓i ��� �1' '/'�. ♦•�♦ ;•moi �� OAP kv VC- Ike SIR ■1111 .��. ♦ ♦ �� r► � ��� � : gloom Matti ►vills � ��i 'i� ��I. .t�. �,�� �� �♦j ��✓ I��O ops .off Q��,`�e ♦•�♦�►� �♦♦♦ i..,,.'/ . I ♦�� ♦�%�� ���♦ 'A A IVA • 010 ���� ���` %`�� Vii, ��,���^� FA 4W w 1�1 III JA ra NOR POO VAWO Op MA CS3- A- affli �qIV.SpA �,♦r �� ����`��' �� ��`��,`���,���`��♦'`���,, _ Nmd WS, all& ot 0 -W I x WIN, % A MAI m '�� ♦IGS�� \ ' ���� OVA MA w slill amom M�ww — us wo will 4p 4W w �!4 04 'PAZA • N w k 4% M 7 N W.w 00710,100 w Val RI • � 1� ��O♦,♦;♦♦'v♦;♦ �.�����. .I���j�• `�,,�� ��o��l�■111 Maw INIV NOUN V4 195. %al ZIP MOPS in milli "Willi 442 REFERENCED IN STAFF REPORT FOR ITEM PH2. RECEIVED DRAFT SAN LUIS OBISPO cour"', TCDD DIR RTCAJAN 0 6 200, ZACA PLANNING COMMISSION MINUTES z=IN DIR )a'ACAO Z'FIRE CHIEF SLO CITY CLERK NOVEMBER 6, 2002 ATTORNEY 2-PW DIR 2-CLERK/ORIG Z POLICE CHF ❑ DSP EADS 'ReC DIR r CALL TO ORDER/PLEDGE OF ALLEGIANCE: � 4R p RIR The San Luis Obispo Planning Commission was called to order at 7:03 p.m. on Wednesday, November 6, 2002, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California. RED FILE ROLL CALL: MEETING AGENDA DAT 0 ITEM # Present: Commissioners Jim Aiken, Allan Cooper, Orval Osborne, Michael Boswell, and Chairwoman Alice Loh. (with one vacancy) Absent: Commissioner James Caruso. Staff: Associate Planner Lynn Azevedo, Deputy Director - of.--.Community Development Long Range Planning Michael Draze; Deputy Community Development Director Ronald Whisenand, Assistant City Attorney Gil Trujillo, and Recording Secretary Irene Pierce. ACCEPTANCE OF THE AGENDA The agenda was accepted as presented. PUBLIC COMMENT ON NON-AGENDA ITEMS Mary Beth Schroeder, 2085 Wilding Lane, SLO, suggested that the City concentrate on open space and not squeeze everyone into one area. PUBLIC HEARINGS: 1. Citywide. TA and ER 41-02; Zoning Text amendment to allow bed and breakfast inns in the R-2 zone with Planning Commission approval, and environmental review; Jennifer Boundy, applicant. Deputy Community Development Director Ronald Whisenand explained that the applicant who originally generated this request has withdrawn her application, but suggested the Commission provide development standards for the R-3, R-4, and AG zones. He noted that staff is recommending converting this application to a City- sponsored application. Associate Planner Lynn Azevedo presented the staff report recommending approval to the City Council of the Draft Text Amendment dated 11-06-02 (which incorporates the direction given at the September 11, 2002 Planning Commission meeting, including not allowing Bed and Breakfast establishments in the R-2 zone). Draft Planning Commission N... Aes 1 November 6, 2002 Page 2 Planner Azevedo explained that most jurisdictions distinguish between a "home" and an "inn"; a home having fewer rooms. It was intended that a Bed and Breakfast "Home" would be allowed in an R-2 zone, and a Bed and Breakfast Home or Inn would be allowed in the other zone districts. Commr. Cooper noted that reference was made in the general standards that employees would not be allowed. . Planner Azevedo responded that a condition could be added, but it would be difficult to enforce with out constant monitoring. Commr. Cooper asked for clarification on older drafts which allowed Bed and Breakfast homes in the R-2 zone, and the proposed draft. Staff clarified the differences in ordinance drafts. PUBLIC COMMENTS: MaryBeth Schroeder, 2085 Wilding Lane, expressed her disapproval on Bed and Breakfast establishments in the R-1, R-2, and R-3 zones. There were no further comments made from the public. COMMISSION COMMENTS: Vice-Chair Osborne moved to recommend the City Council approve the Draft Text Amendment. Seconded by Commr. Cooper. Commr. Boswell expressed support on the motion and suggested that an amendment be added that states, "sites with historic structures should balance outdoor space for guest use with off-street parking needs" under the Site Development and Performance Standards. The motion maker and seconder accepted the amendment. Commr. Aiken expressed support for the motion, but suggested this be reviewed on a case-to-case basis to determine if there should be a specific limitation. Commr. Cooper felt there should be a mechanism for review hearings by the Planning Commission after a number of years, on a complaint-driven basis. Commr. Boswell questioned the legal defensibility on item 3. Assistant City Attorney Gil Trujillo responded it is too speculative to give a definitive legal answer without knowing all the facts that would be presented in that situation. Commr. Boswell cumulative impacts should be addressed. Draft Planning Commission tiir,Butes November 6, 2002 Page 3 Attorney Trujillo noted that if an accumulative impact analysis were applied to each of those findings, the Commission could make an adequate finding denying the Use Permit, which is identified in the proposed findings. Commr. Aiken felt this would cause the loss of long-term residential properties. Deputy Director Whisenand stated there have been few requests for Bed and Breakfast establishments. Deputy Director Whisenand drafted some language for the added standard 6, to read "sites with historic structures shall balance outdoor space for guest use with parking needs and clarify what the balance is for the number of rooms that is adequate space for guests in terms of open space yard". AYES: Commrs. Osborne, Cooper, Aiken, Boswell, and Chairwoman Loh NOES: None ABSENT: Commr. Caruso ABSTAIN: None The motion carried 5-0. COMMENT AND DISCUSSION 2. Staff: A. Agenda Forecast: November 13, 2002: Joint Meeting with the PC and ARC. November 20, 2002: Field Trip 3:00 p.m. to Motel Inn; Sprint Communication on Anderson Hotel, Zoning Update. December 4, 2002: Sierra Vista Hospital. December 18, 2002: Costco EIR. Commr. Cooper commented he has a conflict on December 18th meeting. Commr. Boswell noted he would miss the November 2e meeting. Deputy Director Whisenand noted the new commissioner would be sworn in at the November 20th meeting. Commr. Aiken noted on Johnson Avenue a new masonry wall that might exceed the height limit. Deputy Director Whisenand responded they would check into this. I council mcmoi.anbum DATE: January 3, 2003 RED FILE TO: City Council MEETING AGENDA VIA: Ken Hampian, CAO DATE * e ITEM # #Z FROM: John Mandeville, Community Development Director BY: Ronald Whisenand, Deputy Director of Community Development 0J SUBJECT: Bed and Breakfast Inn Zoning Text Amendment(Public Hearing Item 2) A series of three GIS study maps were not available during the production of the Council's January 7`l' packet on the above referenced public hearing item. The maps have been produced and are attached to this memo for Council reference. The first map shows those R-2 zoned properties that could possibly qualify for B&B conversion with a minimum parcel size of 10,000 square feet and with Master List historic homes on them. The second map shows Master and Contributing historic homes on parcels of 10,000 square feet or larger. The third map includes Master and Contributing historic homes with no limitation on parcel size. Staff will be prepared to discuss any questions on the maps at your afternoon session on January 7`h. 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