Chapter 84.05 — BED AND BREAKFAST USES

The purpose of this Chapter is to regulate the establishment and operation of bed and breakfast facilities in order to maintain and preserve the residential character, integrity, and property values of surrounding areas within which these facilities are located and maintained.

(Ord. 4011, passed - -2007)

The standards of this Chapter apply to bed and breakfast uses where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses).

(Ord. 4011, passed - -2007)

(a) Classification of Types. Bed and breakfast uses shall be classified into three types.

• (1) Host Home.

• (2) Bed and Breakfast Home.

• (3) Bed and Breakfast Inn/Lodge.

(b) Characteristics of Types of Bed and Breakfast Uses. See Table 84-6 (Standards for Bed and Breakfast Uses) in § 84.05.050(h) (Development Standards-Design standards), below.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

In addition to the land use permit required in Division 2 (Land Use Zoning Districts and Allowed Land Uses), the following shall also be required for bed and breakfast uses:

(a) Special Use Permit. A Special Use Permit shall be required in compliance with Chapter 85.14 (Special Use Permits) and shall be renewed annually. The review authority may void a Special Use Permit for a bed and breakfast use for noncompliance with the conditions outlined in the approved permit and shall notify the permittee of its action in compliance with Chapter 86.09 (Enforcement).

(b) Health Permit. A Health Permit shall be required in compliance with Title 3 (Health and Sanitation and Animal Regulations) of the County Code and shall be renewed annually.

(c) Transit Occupancy Tax (Bed Tax) Requirements. Bed and breakfast uses shall be subject to the Transient Occupancy Tax (“bed tax”) in compliance with Title 1 (Government and Administration) of the County Code.

(d) Certificate of Land Use Compliance. Where deemed appropriate by the Code Enforcement Division, owners/operators of bed and breakfast uses shall be required to sign and record a Certificate of Land Use Compliance and abide by its provisions in compliance with Chapter 85.05 (Certificates of Land Use Compliance). (Ord. 4011, passed - -2007)

(a) Land Use Zoning District Requirements. Bed and breakfast uses shall be subject to the development standards for the land use zoning district in which they are located as identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and the development standards in this Chapter.

(b) Single-Family Dwelling Structure Only. Only a single-family dwelling structure, including related habitable accessory structures (e.g., guest house, accessory dwelling unit, etc.) shall be considered for bed and breakfast uses.

(c) Accessory to Residential Use. The bed and breakfast use shall be conducted as an accessory residential use only.

(d) Owner Residency Requirement. The residential structure shall serve as the primary residence of the owner of the bed and breakfast use. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where the bed and breakfast use is operated.

(e) Code and State Law Requirements.

(1) Dwelling units proposed for bed and breakfast use shall comply with standards and specifications of the California Building Code.

(2) Each guest room shall be equipped with a fire extinguisher and a smoke detector that conform to the California Building Code Standards (CBC No. 43-6).

(3) An exit/egress map and an emergency evacuation map shall be displayed in a prominent location in each guest room in compliance with State law.

(f) Access and Driveways. The owner of the bed and breakfast use shall ensure that required access, driveways, and parking spaces remain clear and unobstructed and are available and ready for the occupants’ use at all times.

(g) Parking. In addition to the required parking standards for residential uses in Chapter 83.11 (Parking and Loading Standards), one parking stall measuring 19 feet in length and nine feet in width shall be provided on-site for each guest room. These additional parking spaces shall comply with the location and design standards established by the applicable land use zoning district and the provisions of Chapter 83.11 (Parking and Loading Standards). Neither on-street parking nor tandem parking shall be used to satisfy this on-site parking requirement. Additional parking spaces may be required when deemed necessary by the review authority.

(h) Design Standards.

(1) Minimum Number of Rooms and Parcel Size Requirements. Table 84-6 (Standards for Bed and Breakfast Uses) identifies the required number of guest rooms, minimum number of bathrooms, and minimum parcel sizes applicable to each of the three types of bed and breakfast uses.

(2) Alterations and Modifications. Alterations and modifications may be made to the structures and the site but the alterations shall be compatible with the character of the neighborhood. The alterations and modifications shall also comply with applicable provisions, requirements, and standards of the County Code.

(3) Landscaping. Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where the parking is located within the front yard setback.

(4) Exterior Lighting. Lights to illuminate the site shall be designed and oriented to reflect away from adjoining properties and public thoroughfares.

(5) Signs. A non-illuminated identification sign, not to exceed six square feet in area, shall be allowed. If not attached to the residence, the sign shall not exceed six feet in height and shall blend with the architectural style of the structure and the neighborhood.

(6) Minimum Separation Requirements. A Bed and Breakfast facility shall not, at the time the Special Use Permit is issued, be located within 300 feet, as measured in a straight line from the property line of the parcel on which the facility is proposed, to the closest property line of any other dwelling unit permitted as a Bed and Breakfast facility. However, no more than two Bed and Breakfast facilities shall be located on the same block.

• (i) Kitchen Facilities and Service of Meals.

• (1) No cooking facilities shall be allowed in guest rooms.

(2) The sale of food or other materials shall be limited to guests who are currently residing on the premises where the use is located and not to the general public.

(j) Records of Patrons. Records of all guests who patronize the bed and breakfast establishment shall be preserved for a minimum period of three years before they are discarded.

(k) Pedestrian and Vehicular Traffic. Pedestrian and vehicular traffic shall be limited to that normally associated with residential land use zoning districts.

(l) Commercial Vehicles. The use shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.

(m) Outdoor Storage. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible, from outside the home.

(n) Residential Character of Structure. The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, and vibrations.

(o) Utilities and Community Facilities. The uses of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

(Ord. 4011, passed - -2007; Am. Ord. 4230, passed - - 2014; Am. Ord. 4341, passed - -2018)

(a) Structures of Historical, Architectural, and Cultural Significance.

• (1) Only the following residential structures shall be allowed to be used as a Bed and Breakfast Inn/Lodge:

• (A) A residential structure that the Commission has determined to be of historical, architectural, or cultural significance; or

• (B) A property that is listed in the State Register or the National Register of Historic Places.

(2) The Commission may establish Historic and Scenic Preservation Standards and shall review the proposal for a determination of historical, architectural, or cultural significance. In making its determination, the Commission shall consider the:

• (A) Architecture of the structure noting the history, uniqueness, and style of the design.

• (B) Historical and/or cultural value(s) of the property and/or the site.

• (C) Age of the structure and its physical and structural condition.

• (3) After a determination, the structure shall be listed:

• (A) As a State Landmark or Point of Historical Interest; or

• (B) On the National Register of Historic Places.

• (4) If a Bed and Breakfast Inn/Lodge is associated with an agritourism use, these requirements shall not apply.

(b) Preservation and Maintenance of Significant Features. The Commission may require the preservation and maintenance of significant permanent landscaping features and significant historical, architectural, and/or cultural features of the structure and/or property.

(c) Pre-Alteration Inspection by Building Official. A residential structure that has been declared a historical structure shall be subject to pre-alteration inspection by the Building Official. A copy of the inspection report shall accompany the application for a Special Use Permit for a bed and breakfast use.

(d) Compliance with Building Code Standards. Historical structures proposed for bed and breakfast uses shall comply with current applicable California Building Code standards, including the State Historical Building Code, and those pertaining to the physical and structural conditions of the structure and the site.

(Ord. 4011, passed - -2007)