Article III — BED AND BREAKFAST INNS

The purpose of this article is to encourage the preservation of homes identified by the historic and scenic preservation commission as having special historical, architectural or cultural significance to the community by establishing procedures for permitting bed and breakfast inns in such homes. (Ord. 2592 § 1, 2005: Ord. 2470 § 2, 2001: Ord. 1863 § 1, 1985: Ord. 1000 § 52.10(I), 1955)

As used in this article:

BED AND BREAKFAST INN: A residential building containing a specified number of guestrooms occupied by a specific number of persons, which provides living units and meals for transient guests, and which is managed and occupied by the owner of the property in residential zones or by a manager residing on the property in nonresidential zones.

BED AND BREAKFAST USE: Use of property for a bed and breakfast inn.

HISTORICAL, ARCHITECTURAL OR CULTURAL SIGNIFICANCE: The architecture or design of the structure is exemplary of a significant or unique architectural style; or, the structure was a site of a significant historical or cultural event; or, the structure was owned by a person or group of persons who have significant historical or cultural involvement with the development of the city. (Ord. 2592 § 1, 2005: Ord. 2175 § 1, 1991: Ord. 1863 § 1, 1985: Ord. 1000 § 52.10(I)(2), 1955)

Application shall be in the form of a conditional use permit. These additional requirements shall be imposed:

A. In residential zones, the inn structure shall serve as the primary residence of the owner, and if a corporation is the owner, a majority shareholder shall reside primarily in the inn structure. In nonresidential zones, a full time manager shall reside on the property.

B. The historic and scenic preservation commission shall review the proposal for a determination of historical, architectural or cultural significance prior to planning commission review, and its recommendations shall be considered by the planning commission in imposing conditions on the project. The inn structure shall be included on the city's Register of Historic and Scenic Properties, or on a state or national listing of historical significance, during the life of the permit.

• C. Check in hours for guests shall be determined by the owner of the bed and breakfast inn.

D. Meals shall be served only to overnight guests of the bed and breakfast inn, except as provided in subsection E of this section.

E. In nonresidential zones only, an ancillary use limited to a coffee/tea house, gift shop and/or restaurant serving the public may be permitted provided the serving area or sales area of such use(s) does not occupy more than ten percent (10%) of the gross floor area of the dwelling. The ancillary use shall be approved as part of the permit for the bed and breakfast use. The size of the serving area or sales area of such use(s) shall be based on the parcel's ability to provide the required parking for the use(s) pursuant to chapter 18.164 of this title. The hours of operation shall be determined based on compatibility with the adjacent land uses, except that if the parcel abuts a property in residential use, the hours of operation shall not extend beyond eight o'clock (8:00) P.M.

F. In residential zones, no long term rental of rooms shall be permitted; the maximum length of stay for guests shall be fourteen (14) days. In nonresidential zones, the maximum length of stay for guests shall be thirty (30) days.

• G. No cooking facilities shall be allowed in the guestrooms.

• H. Applications shall be subject to a one year review period by the planning commission.

I. If the use at any time becomes unduly intrusive to the neighborhood, or the owner fails to comply with all conditions of approval related to the permit, the permit may be revoked pursuant to chapter 18.192 of this title.

J. The permit to operate is granted in accordance with chapter 18.192, "Conditional Use Permits", of this title. Where the bed and breakfast use or any portion thereof is discontinued for one hundred eighty (180) days, the permit shall become null and void and a new permit shall be required to reestablish the use.

K. The owner of the bed and breakfast inn shall be subject to the requirements of chapter 3.24 of this code regarding the collection and payment of transient occupancy tax imposed by this chapter. The owner shall keep and preserve, for a period of three (3) years, all records of rents and guests as required in chapter 3.24 of this code. The city shall have the right to inspect said records at reasonable times to ensure compliance with this chapter.

L. Satisfactory evidence of compliance with state and local laws in other land use endeavors, if any, shall be provided by the owner as a prerequisite to any approvals under this article. (Ord. 2592 § 1, 2005: Ord. 2470 § 2, 2001: Ord. 2202 § 1, 1992: Ord. 2175 § 2, 1991: Ord. 1863 § 1, 1985: Ord. 1000 § 52.10(I)(1), 1955)

A. Conformance: The lot upon which the bed and breakfast inn is to be established shall conform to all standards of the zoning district in which it is located, and shall not be further subdivided.

B. Parking: One parking space in a permitted location shall be provided on the same lot for each guestroom and each employee, in addition to the required parking spaces serving the resident owner.

C. Outdoor Living Space: Outdoor living space shall be provided in accordance with the minimum standards of the zone.

D. Signs: Any sign shall be reviewed as part of the conditional use permit application, and shall not exceed four (4) square feet in area in residential zones, and twenty (20) square feet in nonresidential zones. If not attached to the residence, a sign shall not exceed three feet (3') in height. One sign shall be permitted. The sign may be lighted externally. Lighting shall be turned off between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.

• E. Number Of Rooms:

1. In the single-family residential zones, the number of guestrooms shall not exceed one room for each multiple of minimum lot area required for each dwelling unit in the underlying zone, with a maximum number of ten (10).

2. In the multiple-family residential and nonresidential zones, the maximum number of rooms shall be determined by the adequacy of the parcel to provide on site parking and outdoor living space.

F. Guest Limit: The planning commission may determine a reasonable maximum limit to the total number of guests staying at the inn.

G. Additional Provisions: The provisions of article VI of this chapter, on nonresidential uses in a residential building, shall apply to bed and breakfast inns.

H. Preservation And Maintenance Of Significant Landscaping Features: In addition to standards required of all conditional uses, per this chapter, the planning commission may require the preservation and maintenance of significant permanent landscaping features and significant historical, architectural or cultural features of the structure or property. (Ord. 2592 § 1, 2005: Ord. 2470 § 2, 2001: Ord. 1863 § 1, 1985: Ord. 1000 § 52.10(I)(3), 1955)

Subject to the provisions of this article, a conditional use permit for a bed and breakfast inn use in existing single-family homes shall be available within any zone in the city. (Ord. 2592 § 1, 2005: Ord. 1909 § 1, 1986: Ord. 1863 § 1, 1985: Ord. 1000 § 52.10(I)(4), 1955)

ARTICLE IV. CONDOMINIUMS AND CONDOMINIUM CONVERSIONS

The purpose of this article is to establish criteria, standards and procedures for the construction of new condominium projects, or conversion of existing residential buildings to condominiums, consistent with the following objectives:

• A. To make adequate provision for the housing needs of all economic segments of the community;

• B. To provide for inhabitant ownership of residential units, while recognizing the need for maintaining adequate rental housing inventories;

• C. To provide a reasonable balance of rental and ownership housing;

• D. To inform prospective conversion buyers regarding the physical conditions of the structure offered for sale. (Ord. 2470 § 2, 2001: Ord. 1000 § 52.10(G), 1955)

A. As used in this article:

COMMON AREA: The entire project, excepting all units granted or reserved.

CONDOMINIUM: Means and includes the following:

• A. "Condominium", as defined by section 783 of the Civil Code;

B. "Community apartment project", as defined by section 11004 of the Business and Professions Code;

• C. "Stock cooperative", as defined by section 11003.2 of the Business and Professions Code;

• D. "Planned development", as defined by section 11003 of the Business and Professions Code.

CONDOMINIUM CONVERSION: Means and refers to condominiums in which the existing units are being used as single-family or multiplefamily residences, not divided into separate units.

CONDOMINIUM DOCUMENTS: The declaration of covenants, conditions and restrictions, the description of project elements, and the enabling declaration establishing a plan for condominium ownership.

PROJECT ELEMENTS: The condominium units which are to be conveyed, the areas and spaces which are to be assigned to such units, and the common areas which are to be shared by the owners of all units.

PROPOSED CONDOMINIUM: Means and refers to condominiums in which the unit(s) is not as yet constructed.

B. A "condominium project", as defined in Civil Code section 1350, shall be subject to the requirements and procedures applicable to subdivisions and any additional requirements and procedures set forth in this article.

C. All other terms in this article shall have the same definitions as set forth in the applicable state laws relative to the subdivision of land. The provisions of the Redlands subdivision ordinance and the California subdivision map act shall govern all applications under this article. (Ord. 1000 § 52.10(G)(2), 1955)

Residential condominiums shall comply with all appropriate provisions of this code, and the conditions imposed by a conditional use permit. The planning commission and city council shall review and approve the use prior to the consideration of a tentative map application. (Ord. 1000 § 52.10(G)(1), 1955)

A. The initial action in connection with the making of any condominium subdivision shall be the preparation of a map, which shall include or be accompanied by the following data, as well as otherwise complying with the property development standards of the zone in which the project is to be located:

1. The location, assignment and square footage of each unit, including the number of rooms in each unit;

2. The location and assignment of all storage space outside of each unit;

3. The location and assignment of all parking spaces;

4. The location and assignment of all private open space areas;

5. The location of all common areas;

6. The location of all facilities and amenities provided within the common area for the enjoyment and use of the unit owners;

7. A word description of all common areas, facilities and amenities which are provided for the enjoyment and use of the unit owners;

8. A tree, landscaping and irrigation plan;

9. A complete copy of conditions, covenants and restrictions shall be provided. The city may be made a third party beneficiary to the conditions, covenants and restrictions, as deemed appropriate;

The following paragraph shall be included in the conditions, covenants and restrictions:

The condominium units have been constructed in accordance with the Uniform Building Code as portions of an apartment house. The fire resistance of walls, ceilings, and floors between units is not equal to the fire resistant separations required by the Uniform Building Code for single family dwelling units constructed on adjacent properties.

• B. The minimum standards for condominium construction or conversion shall be as follows:

1. Two (2) covered parking spaces in a fully enclosed garage, plus one-half ([1] /2) open guest parking space for each dwelling unit shall be provided;

2. Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in title 25, California Administrative Code, section 1092, or its successor;

3. The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shutoff valve shall be provided for each unit;

4. a. All permanent mechanical equipment, including domestic appliances, which is determined by the building official to be a source or potential source of vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the building official to lessen the transmission of vibration and noise,

b. The anchorages of the permanent mechanical equipment are to be designed to resist the lateral seismic forces, as required by the current edition of the uniform building code. Failure of the city to identify potential sources of vibration on the approval of a specific vibration system does not prevent the city from subsequently requiring additional modification to the mechanical equipment to prevent vibration or noise from being detected in other condominium dwelling units;

ist the lateral seismic forces, as required by the current edition of the uniform building code. Failure of the city to identify potential sources of vibration on the approval of a specific vibration system does not prevent the city from subsequently requiring additional modification to the mechanical equipment to prevent vibration or noise from being detected in other condominium dwelling units;

5. The proposed condominium project shall comply with all requirements of building, fire and housing codes, zoning provisions, and other applicable regulations in effect at the time of the application;

6. A private outdoor living space containing a minimum area and dimension as specified for the particular zone shall be provided for each unit.

• C. In a conversion, the application shall furthermore provide:

1. A building report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion, including, but not limited to: curbs, paving, walkways, roofs, foundations, exterior paint, systems (including sewage systems), swimming pools, elevators, irrigation systems for landscaping, utility and air conditioning systems, fire protection systems (including automatic sprinkler systems, alarm systems or standpipe systems), and structural elements. Such report shall be prepared by an appropriately licensed contractor, architect, registered civil or structural engineer other than the owner. For any element whose useful life is less than five (5) years, a replacement cost estimate shall be provided. The report shall state, to the best knowledge or estimate of the applicant, when such element was built, the condition of each element, when the element was replaced, the approximate date upon which the element will require replacement, the cost of replacing the element, and any variation of the physical condition of the element from the housing code and city building code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements, and set forth the proposed corrective measure to be employed. The building official shall review the report and shall indicate improvements, repairs and/or replacements to be provided;

2. A structural pest report, prepared by a licensed structural pest control operator. The developer shall repair or replace any damaged or infested areas in need of repair or replacement, as shown in the structural pest report;

3. A report on any known soil and geological conditions regarding soil deposits, rock formations, faults, ground water and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structure. Reference shall be made to any previous soils reports for the site, and a copy submitted with the report;

4. The developer shall submit a current list of all tenants, and a proposed program to accommodate tenants of units sought to be converted, with specific reference to:

• a. Relocation assistance,

• b. Availability of substitute accommodations,

c. Notice of termination of tenancy, giving tenants one hundred eighty (180) days' notice to vacate units,

d. Increase in rent during the period between the date of application and the date of approval or disapproval of the final map, to be limited to the increase in the bureau of labor statistics retail price index for all items, from the date of application to the date of increase, and

e. A statement that tenants, as of date of the application filed, have a preemptive right to purchase a unit, with such right being irrevocable for ninety (90) days after recordation of final map, together with a certification that all tenants in any building or structure have been notified individually and in writing in accordance with all state laws and any amendments thereto, prior to the time of filing an application under this article;

5. The developer shall provide moving expenses of two (2) times the monthly rent to any tenant who relocates from the building to be converted, after approval of the condominium conversion by the city, except where the tenant has given notice of his intent to move prior to receipt of notification from the developer of his intent to convert;

6. The developer shall allow an extension of time to permit a tenant to complete a school semester or quarter, as the case may be;

7. The developer shall be required to retain ownership to units occupied at the time of filing of the tentative subdivision map or tentative parcel map by senior citizens sixty two (62) years of age or older, or the handicapped, as defined by section 50072 of the Health and Safety Code, or the disabled, as defined by section 223 of the U.S. social security act, until alternative comparable housing can be obtained. (Ord. 1000 § 52.10(G)(3), 1955)

A. An application for a condominium project shall not be approved or conditionally approved unless the planning commission and city council determine that the conversion is consistent with the public health, safety and welfare, and with the city's comprehensive general plan, and the housing element thereof. In making such determination, the planning commission and the city council may consider such factors

relevant to public health, safety or welfare as appear in each particular case.

B. The council of the city finds and declares that when the number of vacant apartments being offered for rent or lease in the city is equal to or less than five percent (5%) of the total number of such dwelling units offered for rent or lease in the city, a housing shortage exists which is inconsistent with the purposes of this title, and with the declared goals and objectives of the city. Vacancy data shall be provided by the developer and confirmed by the city. (Ord. 1000 § 52.10(G)(4), 1955)

Each condominium subdivision and minor subdivision shall be required to have a declaration of restrictions which provides for those powers, duties, rights and obligations as set forth in the Civil Code, section 1355, and such declaration shall meet the requirements of the city attorney. (Ord. 1000 § 52.10(G)(5), 1955)

Each condominium project shall meet the following requirements prior to the granting of final approval of the tract map or parcel map:

A. All requirements imposed by the conditional use permit shall have been complied with;

B. The building official has certified that all required improvements, repairs and/or replacements for a condominium conversion have been completed;

• C. The city attorney has approved the covenants, conditions and restrictions, and organizational documents;

D. The developer shall provide proof of compliance with all conditions required for final map approval, as contained in the California Government Code and any amendments thereto. (Ord. 1000 § 52.10(G)(6), 1955)