HomeMy WebLinkAbout1989-07-25; City Council; 10157; AMENDMENT TO THE ZONING ORDINANCE TO INCREASE THE MAXIMUM NUMBER OF GUEST ROOMS FOR BED AND BREAKFAST USES TO 8 (ZCA 88-10|HALE)w
8
rl co I VI z
a &I 0
a a, L) 3
&I 4J
a 0
.rl G
a
.ti g
4J cd h
rl c) aJ n
2
cd
; -rl
c1 cd bD g
aJ 5
a a,
!-I a
g
a cd c9
rl 9 0 d a 0 3 Q 2
"K-
$
.rl 0
U
cn
1 m \ N 1 h
.. z 0
4 : z 3 0 0
5
ClTbOF CARLSBAD - AGENDWILL 1' /f
AB#m TITLE:AMENDMENT TO THE ZONING ORDINANCE
GUEST ROOMS FOR BED AND BREAKFAST
USES TO 8. DEPT. PLN
RECOMMENDED ACTION:
DEF
MTG. 7/25/89 TO INCREASE THE MAXIMUM NUMBER OF CIT
ZCA 88-10 - HALE CIT'
The Planning Commission and staff are recommending that the ( Council APPROVE the Negative Declaration issued by the Plan] Director and introduce Ordinance No. fls-f?r , APPROVING ZCA
10.
ITEM EXPLANATION
The proposed Zone Code Amendment would amend the City's Zo. Code with respect to the definition of bed and breakfast use increase the number of guest rooms to 8 from the present max of 6.
bed and breakfast use was originally for 10 guest rooms.
Planning Commission modified the amendment to allow a maximt
8 guest rooms primarily for two reasons. The first wi
concern over neighborhood compatibility in residential ar The second reason was a feeling that at 10 rooms such a
would become more like a hotel.
The zoning code requirements that regulate the appearance conditions of operation of this use are not proposed t modified. Bed and breakfast uses may be permitted in the RD-M, R-T, and C-T zones only subject to the approval conditional use permit. These zones provide for multiple-fz and tourist-oriented commercial uses which reduces the potei for land use conflicts. The conditional use permit pr( provides discretionary review over the establishment of use. In addition it provides an opportunity to evaluate
proposed sites for environmental and other site spe concerns. Bed and breakfast establishments are not permitted in th (single family) zone.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project wil have a significant impact on the environment and, therefore issued a Negative Declaration on April 19, 1989. The Pla Commission recommended approval of the Negative Declarati June 7, 1989. A copy of the environmental document is or in the Planning Department.
FISCAL IMPACT
Some additional staff time may be utilized to pr
conditional use permits should the number of requests for
uses increase as a result of changing the maximum numb
guest rooms. This should be offset, however, by the fee p: the applicant to process an application.
The amendment proposed by the operator of the City's
I
m 0
Page 2 of Agenda Bill No. /o, ,53
EXHIBITS
1. Ordinance No. 0s 6 E/
2. Planning Commission Resolution Nos. 2864 & 2862
3. Excerpts from Planning Commission Minutes dated June 7, 3
4. Staff Report dated June 7, 1989
t
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
0 a
ORDINANCE NO. NS-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTERS 21.04 AND 21.42, SECTIONS 21.04.046 AND 21.42.010 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.04.046 AND
21.42.010(13)(A)(iii) TO ALLOW BED AND BREAKFAST USES TO
CONTAIN NO MORE THAN EIGHT ATTRACTIVELY DECORATED LODGING
ROOMS.
The City Council of the City of Carlsbad, California does
follows:
SECTION I: That Title 21, Chapter 21.04 of the Carlsbad
Code is amended by the Amendment of Section 21.04.046 to read as fc
21.04.046 Bed and breakfast uses: "Bed and breakfast uses" means an historical or arch. significant building which is located in a scenic environment with a distinct character which has no less and no more than eight attractively decorated lodging v one common room is available for social interaction where lodging and primarily breakfast meals are provided for cor
"Bed and breakfast uses'' does not include rest homes, c( homes, hotel s, motel s, boarding houses or 1 odgi ng house:
Section 2: That Title 21, Chapter 21.42 of the Carlsba
Code is amended by the amendment of Section 21.42.010(13)(A)(iii)
f 01 1 ows :
(iii) All bed and breakfast uses shall contain no less and no more than eight individually decorated guest room: room shall be available for social interaction. I
20
21
22
23
24
25
26
27
28
EFFECTIVE DATE: This ordinance shall be effective thirt,
its adoption, and the City Clerk shall certify to the adopti
ordinance and cause it to be published at least once in the Carl!
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the C1
Council held on the 25th day of July , 1989, and thereaft
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
PASSED AND ADOPTED at a regular meeting of the City Coi
City of Carlsbad on 1st day of August , 1989, by the fol'
to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Pettine, Mamaux
ATTEST:
l,LfU%L/ 7- ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
PLANNING COWlISSION RESOLUTION NO. 2862
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBA CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMEN AMENDING TITLE 21, CHAPTER 21.04 AND 21.42, SECTION 21.04.046 I 21.42.010, OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT SECTIONS 21.04.046 AND 21.42.010(13)(A)(iii) TO ALLOW BED I BREAKFAST USES TO CONTAIN NO MORE THAN EIGHT ATTRACTIVt DECORATED LODGING ROOMS. APPLICANT: HALE
WHEREAS, the Planning Commission did on the 7th day of June,
CASE NO.: ZCA 88-10
a duly noticed public hearing as prescribed by law to consider said re
WHEREAS, at said public hearing, upon hearing and consic
testimony and arguments, if any, of all persons desiring to be h
Commission considered all factors relating to the Zone Code Amendmer
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning CON
foll ows :
A) That the foregoing recitations are true and correct.
That based on the evidence presented at the public he Commission recommends APPROVAL of ZCA 88-10, according to E dated June 7, 1989, attached hereto and made a part hereof, b
fol 1 owing findings :
B)
Fi nd i nqs :
1. The proposed amendment will allow consideration of bed and bre containing up to a maximum of eight lodging rooms from t' maximum of six lodging rooms in selected residential and zones.
Bed and Breakfast uses require a conditional use permit wh that the use will be compatible with surrounding properties adequately designed for the location under consideration.
3. The project will not cause any significant environmental ir Negative Declaration has been issued by the Planning Direci 19, 1989 and recommended for APPROVAL by the Planning Commis 7, 1989.
I
2.
....
....
1
2
3
4
5
6
7
8
9
10
p1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 e
PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Commission of the City of Carlsbad, California, held on the 7th da
1989, by the following vote, to wit:
AYES: Commissioners: Schlehuber, Schramm, Erwin, McFadder
NOES : Chairman Hall & Commissioner Holmes.
ABSENT: None.
ABSTAIN: None.
& Marcus.
/yy&$g&, MATTHEW HALL, Chair CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 2862 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
0 0
PLANNING COMMISSION RESOLUTION NO. 2864
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSI CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A ZONING ( AMENDMENT TO ALLOW BED AND BREAKFAST USES TO CONTAIN NO MORE. TEN ATTRACTIVELY DECORATED LODGING ROOMS. APPLICANT: HALE
WHEREAS, the Planning Commission did on the 7th day of June,
CASE NO.: ZCA 88-10
a duly noticed public hearing as prescribed by law to consider sai
and
WHEREAS, at said public hearing, upon hearing and consic
testimony and arguments, examining the initial study, analyzing the 4
submitted by staff, and considering any written comments received, tl
Commission considered all factors relating to the Negative Declara
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning CON
fol 1 ows :
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the pub1 ic hearing, t
Commission hereby recommends APPROVAL of the Negative
according to Exhibit "ND" dated April 19, 1989 and "PII", dat
1989, attached hereto and made a part hereof, based on thc f i ndi ngs :
Findinqs:
i 1. The initial study shows that there is no substantial evident
zone code amendment may have a significant impact on the env
20
21
22
23
24
25
26
27
28
2. Site specific proposals will receive environmental review t if there will be a significant impact on the environment.
3. Bed and breakfast uses are subject to the approval of a Conc Permit which gives the Planning Conission the authority to dc appropriate number of guest rooms for the use to avoid or n potential impacts for proposed sites.
...
...
...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a e
PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Commission of the City of Carlsbad, California, held on the 7th da
1989, by the following vote, to wit:
Commissioners: Schlehuber, Schramm, Erwin, McFaddc AYES: Marcus.
NOES: Chairman Hall & Commissioner Holmes.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
,- I, r’ ’ ‘1 1 l,
’ / , ~ L :.>- + :- p’ 2- t < ,, ~
HICHAEL J. HdLZblILLER , PLANNING DIRECTOR
PC RES0 NO. 2864 -2-
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: City of Carlsbad
PROJECT DESCRIPTION: An Amendment to the Zoning Ordinance to modi1 definition of bed and breakfast uses to consist of no more than ten guest from the present maximum of six guest rooms.
The City of Carlsbad has conducted an environmental review of the above des project pursuant to the Guide1 ines for Implementation of the Cali Environmental Quality Act and the Environmental Protection Ordinance of th of Carlsbad. As a result of said review, a Negative Declaration (decla that the project will not have a significant impact on the environment) is I issued for the subject project. Justification for this action is on file P1 anni ng Department.
A copy of the Negative Declaration with supportive documents is on file Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Cor from the public are invited. Please submit comments in writing to the P1, Department within ten (10) days of date of issuance.
-,
DATED: April 19, 1989
CASE NO: ZCA 88-10 Planning Director
APPLICANT: Robert L. & Celeste Hale
PUBLISH DATE: April 19, 1989
DN: af
41Ld4Q*&& I MICHAEL J. HOL'2MILLEd
---
2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-
e e ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART 11
(TO BE COMPETED BY THE PLANNING DEPARTMENT)
CASE NO. ZCA 88-10
DATE : April 4, 1989
I. BACKGROUND
1. APPLICANT: Robert L. & Celeste Hale
2. ADDRESS AND PHONE NUMBER OF APPLICANT: 320 Walnut Avenue
Carlsbad, CA 92008
(619) 434-5995
3. DATE CHECK LIST SUBMITTED: 4-4-89
11. ENVIRONMENTAL IMPACTS
(Explanations of all Affirmative Answers are to be written
under Section I11 - Discussion of Environmental Evaluation)
YES MAY BE
1. Earth - Will the proposal
have significant results in:
a. Unstable earth conditions or in changes in geologic substructures?
b. Disruptions, displacements,
compaction or overcovering of the soil?
c. Change in topography or ground surface relief features?
d. The destruction, covering of
modification of any unique
geologic or physical features?
e. Any increase in wind or water erosion of soils, either on or
off the site?
f. Changes in deposition or erosion
of beach sands, or changes in
siltation, deposition or erosion
which may modify the channel or a
river or stream or the bed of the
ocean or any bay, inlet or lake?
8 a
YES MAYBE
2. A3 - Will the proposal have
significant results in:
a. Air emissions or deterioration
of ambient air quality?
odors?
b. The creation of objectionable
c. Alteration of air movement,
moisture or temperature, or any change in climate, either locally
or regionally?
3. - Water - Will the proposal have significant results in:
a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters?
b. Changes in absorption rates, drainage patters, or the rate and
amount of surface water runoff?
c. Alterations to the course or flow
of flood waters?
d. Change in the amount of surface water in any water body?
e. Discharge into surface waters, or in any alteration of surface water quality, including but not
limited to, temperature, dissolved oxygen or turbidity?
f. Alteration of the direction or
rate of flow of ground waters?
g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations?
h. Reduction in the amount of water otherwise available for public water supplies?
-2-
e 0
- YES MAY BE
4. Plant Life - Will the proposal have significant results in:
a. Change in the diversity of species,
or numbers of any species of plants
( including trees, shrubs, grass, crops, microflora and aquatic plants)?
b. Reduction of the numbers of any
unique, rare or endangered species of plants?
c. Introduction of new species of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
agricultural crop?
significant results in:
d. Reduction in acreage of any
5. Animal Life - Will the proposal have
a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms,
insects or microfauna)?
b. Reduction of the numbers of any unique, rare or endangered species of animals?
c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals?
d. Deterioration to existing fish or
wildlife habitat?
6. Noise - Will the proposal significantly
7. Light and Glare - Will the proposal sig-
increase existing noise levels?
nificantly produce new light or glare?
significant results in the alteration of
the present or planned land use of an
area?
8. Land Use - Will the proposal have
-3-
e 0
YES MAYBE
9. Natural Resources - Will the proposal have significant results in:
a. Increase in the rate of use of any
natural resources?
b. Depletion of any nonrenewable natural resource?
10. Risk of Urxet - Does the proposal involve a significant risk of an explosion or the release of hazardous
substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions?
11. Pomlation - Will the proposal signif- icantly alter the location, distribu- tion, density, or growth rate of the human population of an area?
12. Housinq - Will the proposal signif-
icantly affect existing housing, or
create a demand for additional housing?
13. Transportation/Circulation - Will the proposal have significant results in:
a. Generation of additional vehicular
movement?
b. Effects on existing parking facili- ties, or demand for new parking?
c. Impact upon existing transportation
systems?
d. Alterations to present patterns of
circulation or movement of people
and/ or goods?
air traffic?
e. Alterations to waterborne, rail or
f. Increase in traffic hazards to
motor vehicles, bicyclists or
pedestrians?
-4-
MAYBE
0 - YES
e
14. Public Services - will the proposal have
a significant effect upon, or have signif- icant results in the need for new or altered governmental services in any of
the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities,
f. Other governmental services?
15. Enersv - Will the proposal have
including roads?
significant results in:
or energy?
a. Use of substantial amounts of fuel
b. Demand upon existing sources of energy, or require the development of new sources of energy?
significant results in the need for new
systems, or alterations to the following utilities:
16. Utilities - Will the proposal have
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. solid waste and disposal?
17. Human Health - Will the proposal have
significant results in the creation of any health hazard or potential health
hazard (excluding mental health)?
-5-
MAY BE
0 - YES *
22. Mandatorv findinqs of siqnificance -
a. Does the project have the potential , to substantially degrade the quality
of the environment, substantially reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.
b. Does the project have the potential
to achieve short-term, to the dis- advantage of long-term, environmental
goals? (A short-term impact on the environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
c. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection with the effects of past projects, the effects of other current projects, and
the effects of probable future projects.)
d. Does the project have environmental
effects which will cause substantial adverse effects on human beings,
either directly or indirectly?
-7-
e e
YES MAY BE
18. Aesthetics - Will the proposal have
significant results in the obstruction of any scenic vista or view open to the
public, Or Will the proposal result in
creation Of an aesthetically offensive
public view?
19. Recreation - Will the proposal have
significant results in the impact upon
the quality or quantity of existing
recreational opportunities?
20. Archeolosical/Historical/Paleontoloqical - Will the proposal have significant results in the alteration of a significant
archeological, paleontological or historical site, structure, object or bu i 1 ding?
21. Analyze viable alternatives to the RroRosed Project such as
a) Phased development of the project, b) alternate site des
c) alternate scale of development, d) alternate uses for th
e) development at some future time rather than now, f) alte
nate sites for the proposed, and 9) no project alternative.
The proposed Zone Code Amendment would modify Section 21.04.0. Zoning Ordinance to increase the maximum number of guest rooms per1 a bed and breakfast use from six to ten. Bed and breakfast
permitted only in the R-3, RD-M, R-T, C-LR, and C-T Zones subje
issuance of a Conditional Use Permit. The requirement for a Condii
Permit assures that bed and breakfast uses are sited in areas
compatible with this type of use.
A1 alternative amendment could be to increase the maximum number
from six to eight or even to reduce the maximum number of guest
some number less than six. The alternative of providing for a n
eight guest rooms would not differ significantly fromthe proposed
, to accommodate applications for up to ten guest rooms as a Condit Permit would still be required. In addition, an alternative of rec
number of guest rooms to less than six or the no project alternatil amending the code does not appear desirable as there is present11 bed and breakfast use in the City. That bed and breakfast use iz by the applicant for this amendment and has not caused any conflicts with neighboring uses.
-6-
e e
111 - DISCUSSION OF ENVIRONMENTAL EVALUATION
Because bed and breakfast uses are required to obtain appro. Conditional Use Permit and are provided for in only five zones th location, and size of these uses is subject to adequate controls t
the creation of land use conflicts. The Conditional Use Permit re
will assure that applications for new bed and breakfast uses or of existing uses Will be subject to environmental review. During t
of site specific projects, staff will be able to evaluate tk
priateness of the property for the use, site specific impa suitability of the number of rooms based on the density of develo
site can support, and conformance to all City requirements. emphasis will be placed on seeing that proposed uses do not ir
residential character of an area.
f
-8-
e 0
_. Iv. DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
X I find the proposed project COULD NOT have a significant effe
I find that although the proposed project could have a signif effect on the environment, there will not be a significant efj
this case because the mitigation measures described on an att;
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
I find the proposed project MAY have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
ADril 4. 1989 La Date Signature
q- / ?, k /', ,I[ L[,y,;( L(*iJ$( il L c ' Date Planning' irec or
V. MITIGATING MEASURES (If Applicable)
-9-
0 0 MITIGATING MEASURES (Continued)
VI. APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATIN(
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJE(
Date Signature
-10-
PLANNING COMMISSION Page 8 June 7, 1989
to create a 10 ft. wide public walkway between Lo
Mr. Holmes felt ill and left the chambers
Commissioner Marcus requested that
clarified for Mr. Cooper, since he o think there
would be a wall. Commissioner Schr ied that she
proposes a condition for a fence, n I, to be approved
by the Planning Director.
Commissioner Erwin once agai
that the growth control poin
ted staff concurrence
includes whethe 21.90 are const in compliance with City standards. necessary public facilities required by
de, seconded, and carried to adopt
0 approving the Negative Declaration
ning Director on March 29, 1989 and
No. 2871 and 2872 approving CT 88-5
on the findings and subject to the
RECESS
The Planning Commission recessed at 7:18 p.m. and reconvened
at 7:32 p.m.
the meeting
Commissioners Holmes and McFadden returned to
- An amendment to the zoning code to
ition of bed and breakfast uses to
consist of no more than ten guest rooms from the present maximum of six guest rooms.
Gary Wayne, Principal Planner, reviewed the background of the
request and stated that this is a request to amend the City's
zone code with respect to the definition of bed and breakfast
uses to increase the number of guest rooms to ten from the
present maximum of six rooms.
Mr. Hale, who is the owner/operator of the City's only
existing Bed & Breakfast Inn.
that regulate the appearance and conditions of operation of
this type of use are not proposed to be modified.
This request is being made by
The zone code requirements
COMMISSIONERS
Erwin
Hall
Holmes
Marcus
McFadden S c h 1 ehu be
Schramn
0 MINUTE.
w \
June 7, 1989 PLANNING COMMISSION
Bed and breakfast uses are allowed in the R-3, RDM, RT, and
CT zones, subject to the approval of a conditional use
permit.
tourist-related commercial uses, which are similar uses to
bed and breakfast. The CUP process provides discretionary
review to evaluate conformance to City standards, land use
compatibility, and the appropriateness of the site for both
the use as well as the number of rooms. Furthermore, the
zone code wording regarding appearance and conditions of
operation remains unmodified. Staff therefore believes that
there are sufficient safeguards to ensure that bed and
breakfast uses will remain compatible with the neighborhood.
Staff feels that the increase from six to ten rooms would
increase the potential for more visitors to take advantage of
this unique and alternate lodging form and, therefore, recommends approval.
Commissioner Erwin would like to see the number of rooms
raised to eight, and then ten at a later date if necessary,
because Mr. Hale's requirement is for seven rooms and it
would not affect his business. Mr. Wayne replied that staff could find no reason or justification in the historical
record for the original granting of six rooms to bed and
breakfast uses. Staff feels comfortable with ten but could
accept eight if the Commission would prefer that number. Mr.
Hale is proposing to add four rooms to his business on an
adjacent lot, for a total of seven rooms.
Chairman Hall opened the public testimony and issued the
invitation to speak.
Robert Hale, 320 Walnut Avenue, Carlsbad, addressed the
Commission and stated that he feels that ten rooms is a reasonable number and it appears to be an average in the
State of California. He feels that raising the number of
rooms to ten might attract other Bed & Breakfast Inns to
Carlsbad.
Chairman Hall inquired about the number of rooms and the
vacancy factor. Mr. Hale replied that he currently has three
rooms which are full most weekends, but mid-week usage is
light.
There being no other persons desiring to address the
Commission on this topic, Chairman Hall declared the public
testimony closed and opened the item for discussion among the
Commission members.
Commissioner Marcus requested more information on the rooms
being planned for the adjacent site. Mr. Wayne replied that
this will be a separate property and an amendment to Mr.
Hale's existing CUP will come before the Commission. feels comfortable with ten rooms because the CUP process
allows the Commission discretionary approval.
Commissioner Schlehuber feels that bed and breakfast uses are
good for the City and that ten is a good number.
it is too time-consuming to raise the number to eight and then later to ten.
Commissioner McFadden can accept the number ten.
Commissioner Holmes has no problem with the number ten but
does have a problem with Title 21's definition of Bed &
Breakfast because it states that this use must be located in
an historic or scenic area of the City with a distinct
These zones also allow for multi-family and
Staff
He thinks
June 7, 1989 PLANNING COMMISSION Page 10
character. He does not feel that Mr. Hale's location meets
this requirement.
Chairman Hall agrees with Commissioner Holmes. He feels that
ten rooms might be too much for the surrounding residents/
neighborhood and feels that the number should remain at six.
Commissioner Schlehuber feels there is safety in the CUP
process and can support it. Commissioner Marcus agrees since
she feels the Commission still has some control.
Commissioner Erwin can support eight but not ten because he
does not feel there is enough information to justify the
increase. He would like to make the increase in stages.
Commissioner Schramm can support an increase to eight.
Motion was duly made, seconded, and carried to adopt
Resolution No. 2864 recommending approval of the Negative
Declaration issued by the Planning Director and adopt
Resolution No. 2862, recommending approval of ZCA 88-10, based on the findings contained therein, and amending
the number of rooms to eight (versus ten).
- Request for
request and stated this item is similar to several other
Avenida Encinas. The prop substantial conformance wi
architectural style is com
Staff recommends approval.
s did not arrive.
There being no other persons desiring to ad
testimony closed and opened the item for discu
Commission members.
Discussion Item for Pad 4 at Poinsettia Village.
COMMISSION ER!
Erwin
Hall
Holmes
Marcus
McFadden
Schlehube
Schramm
Erwin
Hall
Holmes
Marcus
McFadden
S chlehubt Schramm
Cy eL I CAT i ON COMPLETE January 7, 1989
0
STAFF REPORT
DATE: June 7, 1989
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA 88-10 HALE - An amendment to the zoning code to modi definition of bed and breakfast uses to consist of no more th guest rooms from the present maximum of six guest rooms.
I. RECOMMENDATION
That the Planning Commission Adopt Resolution No. 2864 recommending APPRO the Negative Declaration issued by the Planning Director and ADOPT Reso
No. 2862, recommending APPROVAL of ZCA 88-10, based on the findings cor therein.
11. PROJECT DESCRIPTION AND BACKGROUND
This amendment is being proposed by the owner and operator of an existi and breakfast use in the City. The zoning code definition of bed and brc uses restricts the number of guest rooms to no less than three and no mor six attractively decorated lodging rooms. The proposed amendment is a r to increase the number of guest rooms for bed and breakfast uses to no mol ten. Zoning code requirements that regulate the appearance and condit. operation of this type of use are not proposed to be modified.
111. ANALY S IS
Bed and breakfast uses may be permitted in the R-3, RD-M, R-T, and C-T zon subject to approval of a conditional use permit. The conditional use process provides the city with discretionary review authority OV~ establishment of this type of use. The zones in which.bed and breakfa may be permitted provide for multiple-family residential units and
oriented commercial uses which reduces the potential for land use confl
In addition, bed and breakfast uses are subject to criteria which further the possible areas in which they can be established so that a prolifera such uses is not anticipated if the maximum number of rooms is increase and breakfast uses must be located within an historically or architec interesting structure which is located in a scenic or other area of the ci a distinct character: The zoning code also addresses concerns regarding a onsite parking by requiring two spaces for the owner/manager, plus one SF each guest room.
Staff reviewed Zone Code Amendment 189 which defined and created regulati bed and breakfast uses to determine why they were 1 imited to a maximum of rooms. No particular reason was discovered for limiting the maximum nu guest rooms to six other than a limited number of guest rooms being several characteristics which distinguish bed and breakfast uses from othc
of lodging. The applicant has indicated that the maximum number of guei needs to be increased in order for bed and breakfast uses to be econc viable operations. Bed and breakfast uses are unique and not allowed bj
ZCA 88-10 Hale a 0 June 7, 1989 PAGE 2
All such uses require a conditional use permit which provides a safeguar increasing the maximum number of rooms. Amending the zoning code to ma possible for this use to contain a maximum of ten rooms should make thesc more economically viable while still limiting them to a number which is smaller than a typical hotel or motel.
It is recommended that Section 21.04.046 of the zoning code, the definiti bed and breakfast uses, be amended as follows:
"Bed and breakfast uses" means an historical or architecturally signif building which is located in a scenic or other environment with a dir character which has no less than three and no more than six ten attrac. decorated lodging rooms, and, one common room is available for social inter, where short-term lodging and primarily breakfast meals are provide compensation. "Bed and breakfast uses" does not include rest homes, convalc homes, hotel s, motels, boarding houses or 1 odgi ng houses.
In addition section 21.42.010(13)(A)(iii) will need to be amended to 1 consistency throughout the code and should read:
All bed and breakfast uses shall contain no less than three and no more th ten individually decorated guest rooms. A common room shall be availab' soci a1 interaction.
The existing requirement that bed and breakfast uses or expansion of ex uses obtain approval of a conditional use permit provides the city wit opportunity to see that proposed sites are evaluated for environmental and site specific impacts. Issues to be analyzed for specific sites will i the appropriateness of the property for the use and the number of rooms pr based on the density of development the site can support in additi conformance with all city requirements.
Overall, staff believes that the proposed amendment to the zoning code wi create land use compatibility problems and will increase the potential fo visitors to be able to take advantage of this alternative form of lodg areas where it is found to be an appropriate land use.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not h significant impact on the environment and, therefore, has issued a Ne Declaration on April 19, 1989.
ATTACHMENTS
1. Planning Commission Resolution No. 2864
2. Planning Commission Resolution No. 2862 3. Di scl osure Form
DN:lh April 21, 1989
0 DISCLOSURE FO a M
b
L Hobcrt L. iI:ilp 3rd Lelc7te lin LC, 111 li~i~ir~ni s APPLICANT: --_ __ _. -. __--------- -- - - __ __ -. . . Name (individual, partriership, joirit veritur-e, carpor<
320 iialnut Ave.. Jarlsbad, C3. ?2cc)7s
Business Address
(619) bjb-S?9s
Telephone N u til be r
AGENT: Uone
Name
Business Adaress
Telephone Number
Robert L. and Celeste Hale, fndivfriuals 320 h’nlnut ,IVC
Name (individual, partner, joirit Home Address
venture, corporation, syndication)
-------_- MEMBERS:
Same as above
B usi ness Address
Same Telephone Number
Name tionie Address
Business Address
Te le p t io tie N u rii be r
__.___-___ -.-.---- ‘I’ e I e 1 I t io I I e N u ti1 be
____-- ------
- - . - - - . - __ - - - . . . - - - ~--- ‘!‘e I e I> t )or le N u rribe i
[Attach more sheets if necessary)
liWe understand that if this project is located in the Coastal Zorle,
for Coastal Commission Approval prior to development .
I/We acknowledge that in the process of reviewirlg this a[,f>licati
necessary for members of City Staff, Planrlirlg Cornrnissiorlers, Oesig
members, or City Council members to inspect arid erlter the prope
subject of this application.
I/We declare under penalty of perjury that the i11forrnatiorr corrtairled ir1
is true and correct arid that it will remain true arrd correct arld ritay
as being true and correct until amended.
I/We consent to entry for this purpose.
,-
A-’ /& ,,- Ld* H. - *. ( .’ # 7- cjd+- (.
A PPL i CA f
.__----- BY
Agerit, Owr*
V: 1ITE IT- DON'T SAY I !
Date June 29,
To CITY CLERK'S OFFICE 0 Reply Wanted
From Anital Planning Department UNO Reply Necessary
RE: ZCA 88-10 / HALE
An 1/8 page display ad was done for this project and published in 3 papers:
1) Carlsbad Journal
2) Blade-Tribune
3) La Costan
Thank you.
AIGNER FORM NO. 55032 F
(Form A)
0 e
f
\
TO: CITY CLERK'S OFFICE
FROM: Planning Department
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
ZCA 88-10 - HALE
for a public hearing before the City Council.
Please notice the item for the council meeting of +gg$y
Thank you.
6/29/89
Date
e NOTICE OF PUBLIC HEARING 0
* .
h NOIICE IS HEREBY GIVEN that ttie Planning Coi~~r~~issioti of ttie City of Car-Isba hold a public hearing at the Council Chambers, 1200 Elm Avenue, Car California, at 6:OO p.m. on Wednesday, June 7, 1989, tu consider approva Zone Code Amendment to niodify the definition of bed and breakfast ~s~s tu c of no more than 10 guest rooins from the present niaxinir~m of six cjricst, rooi
Those persons wishing to speak on this proposal are cutdial iy irivi ted to the public hearing. If you have any questions, please call the PI Department at 438-1161.
If you challenge the Zone Code Anrendrnent iti court, you nray tjr, 1 irrri trd 1.0 r*( only those issues you or sonieone else raised at the pub1 ic tiear-illy dcscril this notice or in written correspondence delivered to the City of Carlsl or prior to the public hearing.
CASE FILE: ZCA 88-10 APPLICANT: Robert L. & Celeste Hale PUBLISH: May 26, 1989 - Carlsbad Journal arid LaCostan May 28, 1989 - Blade Tribune
CITY OF CARLSBAD PLANNING COMMISSION
z * 0
1 c!
** NOTICE OF PUBLIC HEARING
ZCA 88-10
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at
6:OO P.M., on Tuesday, July 25, 1989, to consider a Zone Code Amendment to modj
definition of bed and breakfast uses to consist of no more than 10 guest rooms
present maximum of six guest rooms.
If you have any questions regarding this matter, please call the Planning Depai
at 438-1161.
If you challenge the Zone Code Amendment in court, you may be limited to raisiI
those issues you or someone else raised at the public hearing described in this
or in written correspondence delivered to the City of Carlsbad City Clerk's OfJ
at or prior to the public hearing.
APPLICANT: Robert L. & Celeste Hale
PUBLISH: July 14 , 1989 CARLSBAD CITY COUNCIL
.
NOTICE OF PUBLIC HEARING
I
:
I
ZCA 88-10
NOTICE IS HEARBY GIVEN that the City
Council of the City of Carlsbad will hold a
public hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California, at
6:OO P.M., on Tuesday, July 25, 1989, to
consider a Zone Code Amendment to modify
the definition of bed and breakfast uses to
consisit of no more than 10 guest rooms from
the present maximum of six guest rooms.
If you have any questions regarding this
matter, please call the Planning Department
at 438-1161.
If you challange the Zone Code Amendment
in court, you may be limited to raising only
those issues you or someone else raised at the
public hearing described in this notice, or in
written correspondence delivered to the City
of Carlsbad City Clerk’s Office at or prior to
the public hearing.
APPLICANT: Robert L. & Celeste Hale
Carlsbad City Council
I - - - -___- - __-
s
I
I
i
1
1
*
l
l
I
l
OF PUBLIC HEARING
ZCA 88-10
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, July 25, 1989, to consider a Zone Code Amendment to modify the definition of bed and breakfast uses to consist of no more than 10 guest rooms from the present maximum of six guest rooms.
If you have any questions regarding this matter, please call the Planning Department at 438-1161.
If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city of Carlsbad City Clerk's Office at or prior to the public hearing.
APPLICANT: Robert L. 8 Celeste Hale
-- __-