The purpose of this chapter is to provide the opportunity to
create bed and breakfast inns utilizing historic structure(s) in certain
zones within the city. This chapter is enacted on the basis of public
policy that supports the city of Laguna Beach as a tourist destination
and the preservation of historic structures within the city. This
chapter also focuses on the need to provide incentives for owners
to continue to occupy and maintain historic structures. This chapter
emphasizes protection of neighborhoods with provisions that prohibit
nuisance and detrimental change in the residential character of any
site proposed for a bed and breakfast operation.
(Ord. 1346 § 1, 1998)
For the purposes of this chapter, "bed and breakfast inn" means
any residential dwelling(s) with short-term lodging rooms and the
service of breakfast meals included in the daily room rate, and one
common room available for guest interaction.
(Ord. 1346 § 1, 1998)
Bed and breakfast inns, pursuant to this chapter, shall be subject to the approval of a conditional use permit as provided for in Section 25.05.030 of this title. The approval of such conditional use permit shall be subject to the findings set forth in Section 25.22.060 of this chapter. The applicant(s) for a conditional use permit shall be the owner(s) of the real property on which the bed and breakfast inn is proposed to be established, or his/her authorized agent. The historic register properties shall be listed on the city's historic register at the time of conditional use permit application. The heritage committee shall make a recommendation to the planning commission prior to its evaluation of a conditional use permit application to establish a bed and breakfast inn and to request parking reduction incentives under this chapter.
(Ord. 1346 § 1, 1998; Ord. 1670 § 5, 2022)
The following are the minimum requirements for the establishment
of a bed and breakfast inn:
(1)
Bed and breakfast inns shall be established primarily within residential
dwellings designated on the city's historic register, and located
in the R-2, R-3 or LB/P zones. A minimum of fifty-one percent of the
guest units on a building site shall be located within residences
listed on the city's historic register.
(2)
The inn shall be owner-occupied and managed.
(3)
A maximum of five rooms shall be rented, unless the planning commission grants an exception subject to the findings of Section 25.22.060 of this chapter.
(5)
A business license shall be obtained in accordance with Chapter 5.08 of this code, Business Licenses.
(6)
All bed and breakfast inns shall be subject to the provisions of Chapter 5.05, Hotel-Motel Room Tax.
(7)
Each bed and breakfast inn operator shall keep accurate financial
records and a list of occupancy dates and names of all persons staying
at the inn. Upon reasonable notice, such information shall be available
for examination by city officials and auditors.
(8)
The maximum stay for any occupants of a bed and breakfast inn shall
be thirty consecutive days.
(9)
Meals shall only be served to residents and overnight guests.
(10)
The bed and breakfast structure(s) shall remain residential in character
and allow for conversion back to a residential use; the kitchen shall
not be remodeled into a commercial kitchen.
(11)
Individual bed and breakfast units shall not contain cooking facilities.
(12)
Rest homes, convalescent homes, hotels, motels, and boarding, lodging
or rooming houses are not eligible for conversion to bed and breakfast
inns.
(Ord. 1346 § 1, 1998)
The following incentive may be allowed for proposed bed and breakfast inns, in addition to those specified in Chapter 25.45 of this title, Historic Preservation. The granting of such incentive shall be conditioned upon a written agreement between the city and property owner that ensures preservation of the building's historic character. Structures listed on the register, which are intended to be used as bed and breakfast inns and are located in the R-2 or R-3 residential zones, may be granted a conditional use permit to allow a reduction in parking requirements based on the degree to which the historic character of the building is preserved and/or enhanced. Properties on the City's register may be granted up to a seventy-five percent reduction. Such incentive shall be reviewed by the heritage committee, and the committee shall make recommendations to the planning commission. After reviewing the heritage committee recommendations at a public hearing, the planning commission shall make recommendations to the city council, which has the final approval authority.
Applications for parking reduction shall include methods to
be employed to encourage use of alternative forms of transportation.
Whenever a parking reduction is granted, the applicant shall be required
to provide and/or promote use of alternate forms of transportation
for both employees and guests.
(Ord. 1346 § 1, 1998; Ord. 1485 § 7, 2008; Ord. 1670 § 6, 2022)
(A)
The proposed use at the location requested will not significantly
cause an adverse or detrimental change to the health, safety or welfare
of persons residing in the surrounding area.
(B)
The proposed use and any parking reduction granted, at the location
requested, will not significantly impair the use and enjoyment of
persons residing in the vicinity of the site.
(C)
The proposed site is adequately served by highways or streets of
sufficient width and improved as necessary to carry the kind and quantity
of traffic such use would generate.
(D)
The proposed site is adequate in size and shape to accommodate the
required development standards.
(E)
There is not an over-proliferation or concentration of bed and breakfast
inns within the neighborhood that the use is proposed.
(Ord. 1346 § 1, 1998)
