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Home My WebLink About01/21/2003, C3 - FINAL PASSAGE OF ORDINANCE NO. 1429 (2003 SERIES), AMENDING THE ZONING ORDINANCE TO ESTABLISH SITE council M."D° ii o3 j acEnoa uE out I"N..be 3 P CITY OF SAN L U I S OBI S PO FROM: John Mandeville, Community Development Direco Prepared By: Ronald Whisenand,Deputy Director of Communi evelopment� SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1429 (2003 SERIES), AMENDING THE ZONING ORDINANCE TO ESTABLISH SITE DEVELOPMENT AND PERFORMANCE STANDARDS FOR BED AND BREAKFAST INNS IN THE R-3, R4, AND AG ZONE DISTRICTS (TA/ER 41-02) CAO RECOMMENDATION Grant final passage to Ordinance No. 1429. DISCUSSION On January 7, 2003, the City Council voted S to 0 to introduce Ordinance No. 1429 to print, establishing development standards for Bed and Breakfast Inns. Ordinance No. 1429 is now ready for final passage. The zoning text amendment will become effective 30 days after its final passage. Attached: Ordinance No.1429 G:\GROUPS\COMDEV\CD-PLANUazevedo\Ordinances\B&B Second Reading Council Report.doc C3- Attachment 1 ORDINANCE NO. 1429 (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-3,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 January 7, 2003 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 of function of the neighborhood and surroundings. c3 a i f Ordinance No. 1429 (2003 Sei,es) Attachment I TA/ER 41-02 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 7`h 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: 4ski'/Ud effreyy G. Jorgensen, ity Attorney G:\Groups\Comdev\Cd-plan\lazevedo\Ordinances\ORD TA 41-02(B&B Criteria).doc C3. 3 Ordinance No. 1429 (2003 Serfs) Attachment 1 TA/ER 41-02 Page 3 "EXHIBIT A" city of san tuts osispo 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; 0,34 Ordinance No. 1429 (2003 series) Attachment 1 TA/ER 41-02 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 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; C's'�;, Ordinance No. 1429 (2003 Senes) Attachment 1 TA/ER 41-02 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; 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. �3��D J Ordinance No. 1429 (2003 Serres) TA/FR 41-02 Attachment 1 Page 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 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: PCZ' PC23 D23 A A— A Bed and - breakfast home or inn 23—Allowed subject to compliance with development standards stipulated in Chapter 17.19. C3-�