Ordinance Number 726ORDINANCE NO. 726
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
BED AND BREAKFAST ESTABLISHMENTS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.304 AND ADDING
SECTION 9-3.630, BED AND BREAKFAST ESTABLISHMENTS, TO
THE MUNICIPAL CODE AND ESTABLISHING STANDARDS FOR
SUCH STRUCTURES AND USES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. The provisions established by the State Enabling Legislation for Planning
and Zoning allow cities to adopt ordinances regulating the development of bed and
breakfast establishments, and staff has prepared an Ordinance consistent with those
legislative provisions.
B. The Environmental Review Board has issued a Negative Declaration
pursuant to the provisions of the California environmental Quality Act (1970) and
otherwise carried out all applicable provisions of that Act.
C. The Bed and Breakfast Establishments Ordinance is consistent with the
goals, policies and objectives of the San Juan Capistrano General Plan, in particular, the
Historic Archeological Element, Community Design Element, and Open Space and
Conservation Element.
D. The Bed and Breakfast Establishments Ordinance is consistent with and
allows the opportunity for implementation of the Open Space Master Plan adopted by the
City Council on June 2, 1992.
E. The Bed and Breakfast Establishments Ordinance is consistent with the
purpose and intent of Title 9, Land Use, of the San Juan Capistrano Municipal Code.
F. The Planning Commission has conducted a duly -noticed public hearing
pursuant to the requirements of Title 9, Land Use, of the San Juan Capistrano Municipal
Code, and has recommended that the City Council adopt the Ordinance subject to
revisions and the Ordinance has been revised accordingly.
SECTION 2. Amendment Text.
Based upon the findings set forth in Section 1, preceding, the following
amendments to the Municipal Code are hereby enacted:
1. Article 3 of Chapter 3 of Title 9 of the Municipal Code is hereby
amended by adding Subsection(k) to Section 9-3.304, Specific Uses Requiring Conditional
Use Permits, to read as follows:
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(j) Bed and breakfast establishments subject to the standards contained in
Section 9-3.630.
2. Article 6 of Chapter 3 of Title 9 of the Municipal Code is hereby
amended by adding Section 9-3.630, Bed and Breakfast Establishments, to read as
follows:
(a) Purpose and Intent. The City of San Juan Capistrano finds and
determines that the purpose and intent of this Ordinance is to:
(1) Preserve and maintain structures within the City of historic,
architectural, and cultural significance and allow fore the adaptive
reuse for economic benefit in such structures including bed and
breakfast establishments.
(2) Promote and enhance the City's economic health, in particular the
tourism industry, by providing for the development of alternative
visitor accommodations.
(3) Assure that the development of bed and breakfast establishments
are accomplished in an appropriate manner and are compatible with
existing development, in particular single family residential
neighborhoods.
(4) Assure that bed and breakfast establishments are operated and
maintained in such a manner so as to be conducive to protecting
the health, safety, and general welfare of City residents and
visitors to the community.
(b) Definitions.
(1) Bed and Breakfast Establishment. A use/structure listed on the
City's "Inventory of Historic and Cultural Landmarks" which
provides guest rooms for rent for a period of time not to exceed
two (2) weeks continuously and operated by a resident manager.
Such establishments may also provide boarding (food and beverage)
accommodations for guests subject to the limitations established
herein.
(2) Inventory of Historic and Cultural Landmarks. A listing of
culturally and historically significant sites and buildings as
established by the City's Cultural Heritage Commission based on
the criteria established in the National Register of Historic Places.
(c) Land Use Regulations.
(1) Bed and breakfast establishments may only be developed within a
structure which has been listed on the "Inventory of Cultural and
Historic Landmarks," or designated as a State Historic Landmark or
as a National Historic Landmark. In such cases, conditional use
permits will be subject to review and recommendation by the
Cultural Heritage Commission.
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(2) The development of any bed and breakfast establishment shall be
subject to approval of a conditional use permit by the Planning
Commission as provided by Section 9-2.303, Conditional Use
Permits, of this Code. Such uses shall be required to demonstrate
compliance with all provisions contained within this section as well
as other applicable sections of the Code.
(3) Site development and architectural alterations. No building
alterations/additions shall be permitted which detract from the
architectural significance of the structure. All exterior building
alterations and site development shall be subject to development
review as provided under Section 9-2.306, Architectural Control.
Furthermore, exterior building alterations shall be consistent with
the criteria established by the Secretary of the Interior's
"Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings."
(d) Development Standards. Bed and breakfast establishments shall comply
with the following standards.
(l) Off-street parking. Off-street parking shall be provided at the rate
of two (2) spaces for the resident manager and (1) space for each
guest room. The design and location of entrances and off-street
parking shall be consistent with the provisions of Section 9-3.602,
Off-street parking and loading. Guest parking shall be situated to
the rear or sides of the principal structure.
(2) Signs. Bed and breakfast establishments shall be limited to one (1)
externally -illuminated sign not exceeding eight (9) square feet in
area and will be reviewed as part of the development review
process. The materials and design of signs shall be compatible with
the architectural style of the principal structure. Signs shall not be
situated within the required setbacks of the district in which the
establishment is located.
(3) Number of rooms. The maximum allowable number of rooms will
be determined by the Planning Commission as part of the
conditional use permit process.
(4) Significant site features. The Planning Commission, as a condition
of approval, may require the preservation and maintenance of
significant features including landscaping or historic, architectural,
or cultural features of the structure or property.
(e) Operational Standards.
(1) Board accommodations. Guest rooms shall not be provided with
kitchens nor similar food preparation facilities. Establishments
may provide complete boarding for guests only. However, if the
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passage.
zone district in which the establishment is located allows
restaurant uses, such uses may be permitted in conjunction with the
bed and breakfast use.
(2) Guest term. Guests may be permitted to stay within a single
establishment not more than fourteen (14) continuous days during
any given thirty (30) day period.
(3) Resident manager. The manager of the bed and breakfast
establishment shall reside within the bed and breakfast structure
and the primary use of the structure shall be residential. The
manager may be the property owner or person retained by the
property owner for the specific purpose of managing the bed and
breakfast establishment.
(4) Time share facilities. Time share facilities shall be prohibited
within bed and breakfast establishments.
(5) Weddings, wedding receptions, and similar activities shall only be
permitted subject to the approval of a conditional use permit by
the Planning Commission.
(f) Public Health Requirements.
(1) Health Permit. Bed and breakfast establishments and restaurants
in conjunction with such establishments shall be required to comply
with the Orange county Health Department provisions and secure
any necessary permits prior to the conditional use permit becoming
effective.
(2) Fire and life safety. Guest rooms shall be provided with a smoke
detector, hand-held fire extinguisher, and evacuation plan subject
to the review of the Orange County Fire Department. The City
may require the installation of a sprinkler system or other
appropriate safety measures on the recommendation of the Orange
County Fire Department.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 16th day of February
1993.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 726 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on February 2 , 1993, and adopted at
a meeting held on February 16 , 1993, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) &:�Z_
CHERYL JOHNSON, CITY CLERK
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