conditional use permit
Item 8.1 PLANNING COMMISSION STAFF REPORT FEBRUARY 17, 2014 AGENDA SUBJECT: 2711 COLOMA STREET - CONDITIONAL USE PERMIT (CUP) 2014-06 HERITAGE HOUSE AND GARDENS BED & BREAKFAST PREPARED BY: ANDREW PAINTER, CITY PLANNER REQUEST AND BACKGROUND: Property owner Mike Herzog proposes a new two guest room bed and breakfast establishment within an existing single family home. The request also includes a request to allow photography, catered rehearsal dinners and wedding ceremonies on the site. Twenty-five (25) wedding ceremonies are estimated each year, with 2 to 4 per month during the months of April through October, and no events from December through February. Anticipated days, weekday or weekend or both, for wedding ceremonies were not specified. Expected average ceremony attendance would be fifty (50) people, with no more than one-hundred (100). No residential structure is to be removed for the bed and breakfast use or for all required parking to accommodate the proposed use. No alterations to the kitchen are proposed with this request. Per the request, wedding ceremony attendees would park vehicles at the Wedgewood Sequoia Mansion on Bee Street. Attendees would then be brought to and from the Heritage House and Gardens site by private motor coach/shuttle van(s). All wedding receptions would take place at the Sequoia Mansion, not at Heritage House and Gardens. Wedding receptions at the Heritage House and Gardens site are not requested. The property owners will continue to reside at the home and will operate the bed and breakfast. Attachment A contains the project application, site plans and site historical context report. RECOMMENDATION: Approve Conditional Use Permit 2014-06, with the Findings and Conditions of Approval contained in this report PROJECT DATA: Property Owner: Lot Size: General Plan Land Use: Zoning: Existing Site Uses:
Adjacent Zoning and Land Use:
Utilities: Access:
AGENDA February 17, 2015
Mike Herzog 4.21 acres Low Density Residential and Medium Density Residential R1-10,000 and R1-6,000 (Single-Family Residential) Single-family residential and accessory uses, including a covered porch, detached carport, accessory sheds, swimming pool, windmill and landscaped walking paths and gardens. North: R1-10,000, with existing single-family residential uses; East: R1-10,000, with existing single-family residential uses; South: R1-6,000, with existing single-family residential West: R1-6,000, R1-10,000 and BP, with existing single-family residential and business-professional service uses.
Home and site is served by domestic water well and private septic system. The site has approximately one hundred (100) lineal feet of parcel frontage along SR 49 (Coloma Street). Existing access driveway is ten feet (10’) in width. Existing driveway encroachment is immediately southeast of the intersection of Coloma Street and Oak Terrace Road. Applicant site plan indicates proposed compacted aggregate surfaced, 1 SR PC - 2711 Coloma Street - CUP 2014-06
Item 8.1 twelve (12) feet wide emergency access from edge of existing asphalt onsite, easterly to Edgewood Drive and Oak Terrace Road. However, Edgewood Drive does not extend to the property boundary as indicated on applicant’s site plan due to existing residential uses along Edgewood Drive. Access is to Hillcrest Street. Hillcrest at the project site gate is unimproved but changes to asphalt surface southerly and is narrow in width with a single vehicle travel lane. Hillcrest Street however transitions to a City standard width with two travel lanes when it changes direction westerly to its intersection with SR 49. See Figure 1. Figure 1. Location Map
PROJECT SITE Hil lcre st St.
Colo ma Rd / SR 49
AGENDA February 17, 2015
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Item 8.1 AUTHORITY FOR APPLICATION: •
Bed and Breakfast Establishments (Section 10-4-11):
The following are the provisions and conditions for establishing bed and breakfast establishments within the City. 1. The structure to be used as a bed and breakfast establishment shall be of historic significance. It is the applicant's responsibility to show proof of historic significance to the Planning Commission. 2. Two (2) parking spaces plus one additional space per room to be rented must be provided. 3. Tandem parking is allowed; however, not more than two (2) cars per tandem space shall be allowed. 4. No residential structure shall be removed in order to allow for a bed and breakfast use, nor shall such a structure be removed in order to provide parking for such a use. 5. All parking spaces shall be paved to City standards with materials that maintain the historical character of the neighborhood. 6. If the applicant is unable to meet the criteria of 2, 3, 4 or 5, the applicant may request special consideration from the Planning Commission. The City's intent is not to encourage yards to be destroyed, landscaping removed, or the integrity of the neighborhood altered in order to provide parking. In such a case the applicant shall submit an analysis of parking required and parking provided within a three hundred foot (300') radius of the subject parcel. 7. One non-illuminated sign may be erected on the property, not to exceed eight (8) square feet in size. No single dimension of the sign shall exceed four feet (4'). The sign shall complement the nature of the use; i.e., historic structures should have an historic style sign. 8. The proprietor and owner are required to occupy the property. 9. The structure shall remain a residential structure; i.e., the kitchen shall not be remodeled into a commercial kitchen. 10. Meals shall be served only to residents and overnight guests. 11. The use is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood. 12. A bed and breakfast use must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City. 13. A City business license is required. 14. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use. AGENDA February 17, 2015
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Item 8.1 15. Permit to allow bed and breakfast use shall be issued for a period not to exceed two (2) years. 16. Any permit is transferable provided that the criteria and conditions are adhered to. Procedures: An applicant for a bed and breakfast establishment shall follow the procedures for a Conditional Use Permit as specified in Section 10-3-6 of the Placerville City Code. Zoning Code Section 10-4-11 does not specify special event uses in conjunction with a bed and breakfast establishment. Staff considers the request for wedding ceremonies on-site to be reasonably related and ancillary to the overnight, bed & breakfast accommodation use, subject to the parameters if granted under a conditional use permit for the bed & breakfast use. Note: An existing bed & breakfast establishment use located on Bedford Avenue within the City operated under a conditional use permit, currently (as of 02-09-15) advertises its site for weddings and other special events. However, Planning Commission Minutes from the conditional use permit approval date do not reference the use of the site for weddings or special events, only for overnight accommodations. •
Conditional Use Permit (Section 10-3-6)
A conditional use permit is the subject of the request, following the procedure within Zoning Code Section 10-3-6. OTHER AGENCY / DEPARTMENT REVIEW: The request was circulated to the California Department of Transportation (Caltrans), the El Dorado County Fire District (EDCFD) and other City departments for comment and recommended conditions of approval. They are provided as Attachment B. STAFF ANALYSIS: The bed & breakfast request portion of the request was analyzed per Section 10-4-11 and would be consistent, subject to staff conditions of approval as analyzed and indicated below. Access concerns raised by Caltrans and staff for the requested ceremony use component must also be considered. Vehicle circulation to and from the site onto SR 49 are important fire, life and safety concerns for all onsite activities. Staff has recommended project conditions that address the access and parking concerns. These too are indicated below. Section 10-4-11 Criteria and Conditions Criterion 1: Historic Significance Historic context for the home and site was met with the submittal of a 150-year summary of property ownership and uses that was prepared by Marilyn Ferguson in 1983 for the previous owners of the property, Mr. and Mrs. Jerald Bennett. Ferguson’s work depicts early use of the land as a fruit orchard, with mining activity on a portion of the then larger land holdings in the 1850s and 60s. She estimates the home was built during the 1870s when Wellington Larned owned the land and lived there with his wife Emma. City permit records date back to only to the 1970s. Criteria 2, 3, 5 and 6: Parking Parking for overnight bed and breakfast guests and operators of the facility would be provided as shown on submitted site plan. Three spaces are provided for the property owners/operators use, along with
AGENDA February 17, 2015
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Item 8.1 two spaces for the bed and breakfast use at one space per each guest room. These parking spaces are currently paved. As mentioned, ceremony attendees would arrive and leave the site via motor coach/shuttle van(s) during events. Shuttle vehicle parking or a turnaround was not specified by the applicant. However, there is an existing carport onsite. Also an area noted as “Overflow Parking for guests” that is located east of the home. Shuttle vehicles could use the “overflow area” to turnaround and exit to SR 49. Due to access issues onsite that are discussed under Criteria 14, staff has conditioned the request to not permit additional parking in the “overflow parking” area at this time, along the driveway or SR 49 encroachment access. Criterion 4: Removal of a residential structure for the use or parking No structure for residential use would be removed to allow for the bed and breakfast use or to provide parking. Criterion 7: Signs Signs to identify address or the business were not submitted. Staff conditioned the request per Condition 2c as follows: 2c. One non-illuminated sign may be erected on the property, not to exceed eight (8) square feet in area. No single dimension of the sign shall exceed four feet (4'). The sign shall complement the nature of the use; i.e., historic structures should have an historic style sign. One non-illuminated directional sign containing the business site address, no greater than two (2) square feet in area, shall be erected along the driveway access into the site so that it is easily visible from Coloma Street/SR 49. The sign shall complement the nature of the use. The Applicant/Property Owner shall apply for and obtain a sign permit for any site/business identification signs authorized in accordance with the Placerville Zoning Code Section 10-4-11 and regulated under Section 10-4-17 from the Development Services Department. Criterion 8: Owner Occupant Requirement The request was filed by the property owner, Mike Herzog. Staff has conditioned the project to require owner occupancy per the criterion. Criteria 9 and 10: Kitchen and Meals These criteria require meals to be served only to residents and overnight guests, and the residence kitchen may not be converted to a commercial kitchen. No conversion of the kitchen is proposed. It is the intent of the property owner to provide meals to overnight guests. In addition, catered wedding rehearsal dinners are requested. They would coincide with wedding ceremonies. Due to their limited number per month staff does not have a reason to condition the catered rehearsal dinner project component at this time. Criteria 11, 12, 13, 15 and 16 These criteria are added as requested conditions of project approval. They stipulate the permit revocation procedure and finding necessary to revoke the conditional use permit if the use is deemed detrimental to the surrounding neighborhood; they further require the request to comply with the AGENDA February 17, 2015
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Item 8.1 provisions of the R1-10 and R1-6 Zones, and all other ordinances in the City; the property owner must obtain a business license for the requested uses. Criterion 15 permits a bed and breakfast use to be issued only for a period not to exceed two (2) years. This provision has not been routinely enforced by the City for the three operating bed and breakfast establishments. Criterion 16 addresses the transferability clause of the requested use, provided the criteria and conditions are adhered to. Criterion 14 The subject site has approximately one-hundred (100) feet of parcel frontage along SR 49. Existing access driveway is ten (10) feet in width. Emergency egress is proposed to Hillcrest Street. Condition 2(c) is requested to address the concerns raised by Caltrans and staff. To allow the unobstructed simultaneous two-way movement of inbound and outbound vehicles at the driveway intersection with SR 49, the project was conditioned to require the applicant construct and maintain a minimum twentyfour (24) feet in width, paved, commercial encroachment at the driveways’ intersection with SR 49. The twenty-four (24) feet of width must be paved into the property a minimum of fifty-four (54) feet from the centerline of SR 49. The driveway may then taper to its current ten (10) feet of paved width. The City standard encroachment differs from the suggested Caltrans minimum in its depth into to parcel. Caltrans suggests the minimum depth be fifty (50) feet from the edge of the traveled way instead of the City standard depth measured from the centerline of SR 49. The difference is the approximate twelve feet (12’) width of the northbound SR 49 travel lane. Staff believes two-way traffic can be achieved using the City standard. Based on site plan submitted, it appears the conditioned encroachment width could be achieved by widening the existing driveway access to the south. The conditioned improvement could result in the removal of trees along the south side of the driveway near SR 49, or if widened and paved along the north of the driveway then the alteration of existing drainage along the project driveway would be necessary. There is also an overhead utility pole along the south side of the driveway that also must be considered. Parking along the existing driveway or the conditioned commercial encroachment would not allow the movement of vehicles into or out of the site and would impede sight distance southerly at the driveway intersection. Staff witnessed the parking of vehicles on unpaved portions of the project applicant’s property, near the subject driveway’s intersection with Coloma Street (SR 49) during a site visit November 2014. These vehicles I was informed by the project applicant are of the tenant / occupants of two single-family residences, 2715 and 2717 Coloma Street, located immediately south of the intersection. Sight distance concerns were also raised by Joe & Michelle Pedroni in their November 11, 2014 comment letter. Condition 2(b) addresses the concern to only parking only where shown on the approved site plan. Condition 2 (l) was added requiring the applicant to submit a revised site plan for staff review and approval that reflects the Planning Commission approved conditions regarding parking areas, driveway improvements, and road access showing full length and width of Hillcrest Street from emergency egress to Hillcrest Street’s intersection with SR 49.
AGENDA February 17, 2015
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Item 8.1 Figure 2. Commercial Access Standard
AGENDA February 17, 2015
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Item 8.1 ENVIRONMENTAL REVIEW: Pursuant to 15332 (Class 32) of the California Environmental Quality Act Guidelines, in that the project site is located within the city limits; the site is designated Low Density Residential and Medium Density Residential, with corresponding R-1, 10,000 and R-1, 6,000 zoning, where single-family residential uses are permitted and conditional uses may be granted upon securing a conditional use permit; the application for a bed and breakfast use was submitted in accordance with Section 10-4-11: Bed and Breakfast Establishments and Section 10-3-6: Conditional Use Permit of the Zoning Code; the proposed project is less than five acres, the site has not value as habitat for endangered, rare or threatened species; the project as conditioned would not result in significant effects relating to traffic, noise, air quality and water quality, and the site is served adequately by private water and sewer services meeting City requirements. PUBLIC COMMENT: The project was originally noticed for Planning Commission consideration on November 18, 2014. This meeting was cancelled when the applicant decided to revise their request. During the November 2014 ten-day public notice period the City received a November 11, 2014 letter from Joe & Michelle Pedroni. During the February 2015 ten-day public notice period the City received a comment from Michael Krch. These comments are provided as Attachment C. RECOMMENDATION: The site grounds with its existing walking paths, garden areas, mature tree canopy and the character and beauty of nineteenth century The Larned – Miller House would appear to provide a tranquil and picturesque environment for overnight bed and breakfast guests and wedding ceremonies. Based on these site attributes, along with staff’s analysis contained in this report, findings to support the requested approval can be made. Staff therefore recommends the Commission take the following action to conditionally approval CUP 2014-06: I.
Make the finding that this request is categorically exempt from environmental review pursuant to Section 15332 (Class 32) of the California Quality Act Guidelines due to the following: •
•
• • •
The project site is located within the city limits; the site is designated Low Density Residential and Medium Density Residential, with corresponding R-1, 10,000 and R-1, 6,000 zoning, where single-family residential uses are permitted and conditional uses may be granted upon securing a conditional use permit; The application for a bed and breakfast use was submitted in accordance with Section 10-4-11: Bed and Breakfast Establishments and Section 10-3-6: Conditional Use Permit of the Zoning Code; The proposed project is less than five acres, and the site has not value as habitat for endangered, rare or threatened species; The project as conditioned would not result in significant effects relating to traffic, noise, air quality and water quality, and The site is served adequately by private water and sewer services meeting City requirements.
II. Make the finding that this request is deemed essential and desirable for the public convenience and welfare, and is consistent with the General Plan and Zoning Regulations. Further, this request as conditioned provides a service to the traveling and visiting public with no detriment to the surrounding properties.
AGENDA February 17, 2015
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Item 8.1 III. Approve Conditional Use Permit 2014-06, authorizing a two guest room bed and breakfast establishment within an existing single family home; allow photography, catered rehearsal dinners and as many as twenty-five (25) wedding ceremonies on the site per year, but no wedding receptions, subject to the conditions as recommended by staff or with modifications by the Planning Commission. Conditional Use Permit 2014-06 – Heritage House and Gardens Bed & Breakfast Conditions of Project Approval Planning Division 1. The Project Site shall be developed and maintained in accordance with the CUP 2014-06 approved plans dated November 11, 2014, which include site plans on file in the Planning Division, Zoning Code Section 10-4-11 ('Title 10). 2. The use authorized allows for two bedrooms of the home to be rented for transient occupancy under a bed and breakfast establishment, and the operation of wedding ceremonies consistent with the provisions and maintenance of the following: (a) Two (2) parking spaces plus one additional space per room to be rented must be provided. Parking for non-overnight guest parking for onsite ceremonies authorized under this permit is not permitted. All ceremony attendee parking shall occur offsite at the location specified under this permit. Ceremony attendees must be shuttled to the bed and breakfast establishment as authorized under this permit. (b) All parking spaces shall be paved to City standards with materials that maintain the historical character of the neighborhood. Vehicle parking shall only occur within those areas designated for parking as shown on the approved site plan. (c) A minimum twenty-four (24) feet in width, paved, commercial driveway shall be constructed and installed at the subject parcel’s intersection with SR 49. Driveway depth shall be paved into the property a minimum of fifty-four (54) feet from the centerline of SR 49. The driveway may then taper to its current ten (10) feet of paved width. (d) One non-illuminated sign may be erected on the property, not to exceed eight (8) square feet in area. No single dimension of the sign shall exceed four feet (4'). The sign shall complement the nature of the use; i.e., historic structures should have an historic style sign. One non-illuminated directional sign containing the business site address, no greater than two (2) square feet in area, shall be erected along the driveway access into the site so that it is easily visible from Coloma Street/SR 49. The sign shall complement the nature of the use. The Applicant/Property Owner shall apply for and obtain a sign permit for any site/business identification signs authorized in accordance with the Placerville Zoning Code Section 10-4-11 and regulated under Section 10-4-17 from the Development Services Department. (e) The proprietor and owner are required to occupy the property.
AGENDA February 17, 2015
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Item 8.1 (f) The structure shall remain a residential structure; i.e., the kitchen shall not be remodeled into a commercial kitchen. (g) Meals shall be served only to residents and overnight guests. (h) The use is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood, or found in violation of conditions of project approval. (i) The bed and breakfast use must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City. (j) A City business license is required. (k) The permit is transferable provided that the criteria and conditions are adhered to. (l) A revised site plan shall be submitted for staff review and approval that reflects the Planning Commission approved conditions regarding parking areas, driveway improvements, and road access showing full length and width of Hillcrest Street from emergency egress to Hillcrest Street’s intersection with SR 49. 2. This permit shall apply only to the project parcel, APN 001-231-07, regardless of any change of ownership. 3. Any new use, modification or expansion of the use, or activities not authorized under this Conditional Use Permit, shall be subject to the review and approval of a new conditional use permit. 4. The permit shall expire and become null and void eighteen (18) months after the date of granting such permit, unless required conditions have been met and inspected by the Development Services Department, prior to the date of expiration. 5. The applicant should provide proof of agreement with the off-site parking facility or update the site plan to show parking facilities. Engineering Division 6. All capital improvement impact fees, including TIM fees, shall be paid prior to initiation of use. El Dorado County Fire Protection District 7. Submit an application fee of $50.00. 8. Submit a plan review fee of $150.00. 9. The structure shall have a sprinkler system installed in accordance to NFPA 13, if one is not currently present.
AGENDA February 17, 2015
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Item 8.1 10. A fire alarm system and smoke detection system shall be installed in accordance with NFPA 72 and the California Fire Code. Plans shall be submitted to the fire district for review and approval. System shall include fire sprinkler monitoring, smoke detection in hallways, smoke alarms in sleeping rooms, occupant notification, and one manual pull station near the main entrance/exit(s). 11. Carbon monoxide detectors shall be installed near sleeping areas and on every level of the building, if not already existing. 12. Provide a High Security Knox Box with keys to the building. Applications for the Knox Box and Knox gate padlock can be obtained at 4040 Carson Rd. Camino CA. for a fee of $30.00 each. 13. Provide a “Grand Master” key for the High Security Knox Box. 14. Provide one 2A10BC fire extinguisher in the common area and on both floors of the building. Travel distance not to exceed 75’. Fire extinguishers are to be mounted no higher than 5’ (if not already provided). 15. Provide a site address visible from both directions of Coloma Street. Minimum size is 12” numbers. 16. Driveway shall be designed to carry a 40,000 pound load.
Attachments: The project applicant submitted the following documents regarding the request: A. Planning Application, Conditional Use Permit Application, Site Plan, site and home history B. Other Agency / Department Comments and Conditions C. Public Comment
AGENDA February 17, 2015
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Adjacent Zoning and Land Use:
Utilities: Access:
AGENDA February 17, 2015
Mike Herzog 4.21 acres Low Density Residential and Medium Density Residential R1-10,000 and R1-6,000 (Single-Family Residential) Single-family residential and accessory uses, including a covered porch, detached carport, accessory sheds, swimming pool, windmill and landscaped walking paths and gardens. North: R1-10,000, with existing single-family residential uses; East: R1-10,000, with existing single-family residential uses; South: R1-6,000, with existing single-family residential West: R1-6,000, R1-10,000 and BP, with existing single-family residential and business-professional service uses.
Home and site is served by domestic water well and private septic system. The site has approximately one hundred (100) lineal feet of parcel frontage along SR 49 (Coloma Street). Existing access driveway is ten feet (10’) in width. Existing driveway encroachment is immediately southeast of the intersection of Coloma Street and Oak Terrace Road. Applicant site plan indicates proposed compacted aggregate surfaced, 1 SR PC - 2711 Coloma Street - CUP 2014-06
Item 8.1 twelve (12) feet wide emergency access from edge of existing asphalt onsite, easterly to Edgewood Drive and Oak Terrace Road. However, Edgewood Drive does not extend to the property boundary as indicated on applicant’s site plan due to existing residential uses along Edgewood Drive. Access is to Hillcrest Street. Hillcrest at the project site gate is unimproved but changes to asphalt surface southerly and is narrow in width with a single vehicle travel lane. Hillcrest Street however transitions to a City standard width with two travel lanes when it changes direction westerly to its intersection with SR 49. See Figure 1. Figure 1. Location Map
PROJECT SITE Hil lcre st St.
Colo ma Rd / SR 49
AGENDA February 17, 2015
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Item 8.1 AUTHORITY FOR APPLICATION: •
Bed and Breakfast Establishments (Section 10-4-11):
The following are the provisions and conditions for establishing bed and breakfast establishments within the City. 1. The structure to be used as a bed and breakfast establishment shall be of historic significance. It is the applicant's responsibility to show proof of historic significance to the Planning Commission. 2. Two (2) parking spaces plus one additional space per room to be rented must be provided. 3. Tandem parking is allowed; however, not more than two (2) cars per tandem space shall be allowed. 4. No residential structure shall be removed in order to allow for a bed and breakfast use, nor shall such a structure be removed in order to provide parking for such a use. 5. All parking spaces shall be paved to City standards with materials that maintain the historical character of the neighborhood. 6. If the applicant is unable to meet the criteria of 2, 3, 4 or 5, the applicant may request special consideration from the Planning Commission. The City's intent is not to encourage yards to be destroyed, landscaping removed, or the integrity of the neighborhood altered in order to provide parking. In such a case the applicant shall submit an analysis of parking required and parking provided within a three hundred foot (300') radius of the subject parcel. 7. One non-illuminated sign may be erected on the property, not to exceed eight (8) square feet in size. No single dimension of the sign shall exceed four feet (4'). The sign shall complement the nature of the use; i.e., historic structures should have an historic style sign. 8. The proprietor and owner are required to occupy the property. 9. The structure shall remain a residential structure; i.e., the kitchen shall not be remodeled into a commercial kitchen. 10. Meals shall be served only to residents and overnight guests. 11. The use is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood. 12. A bed and breakfast use must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City. 13. A City business license is required. 14. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use. AGENDA February 17, 2015
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Item 8.1 15. Permit to allow bed and breakfast use shall be issued for a period not to exceed two (2) years. 16. Any permit is transferable provided that the criteria and conditions are adhered to. Procedures: An applicant for a bed and breakfast establishment shall follow the procedures for a Conditional Use Permit as specified in Section 10-3-6 of the Placerville City Code. Zoning Code Section 10-4-11 does not specify special event uses in conjunction with a bed and breakfast establishment. Staff considers the request for wedding ceremonies on-site to be reasonably related and ancillary to the overnight, bed & breakfast accommodation use, subject to the parameters if granted under a conditional use permit for the bed & breakfast use. Note: An existing bed & breakfast establishment use located on Bedford Avenue within the City operated under a conditional use permit, currently (as of 02-09-15) advertises its site for weddings and other special events. However, Planning Commission Minutes from the conditional use permit approval date do not reference the use of the site for weddings or special events, only for overnight accommodations. •
Conditional Use Permit (Section 10-3-6)
A conditional use permit is the subject of the request, following the procedure within Zoning Code Section 10-3-6. OTHER AGENCY / DEPARTMENT REVIEW: The request was circulated to the California Department of Transportation (Caltrans), the El Dorado County Fire District (EDCFD) and other City departments for comment and recommended conditions of approval. They are provided as Attachment B. STAFF ANALYSIS: The bed & breakfast request portion of the request was analyzed per Section 10-4-11 and would be consistent, subject to staff conditions of approval as analyzed and indicated below. Access concerns raised by Caltrans and staff for the requested ceremony use component must also be considered. Vehicle circulation to and from the site onto SR 49 are important fire, life and safety concerns for all onsite activities. Staff has recommended project conditions that address the access and parking concerns. These too are indicated below. Section 10-4-11 Criteria and Conditions Criterion 1: Historic Significance Historic context for the home and site was met with the submittal of a 150-year summary of property ownership and uses that was prepared by Marilyn Ferguson in 1983 for the previous owners of the property, Mr. and Mrs. Jerald Bennett. Ferguson’s work depicts early use of the land as a fruit orchard, with mining activity on a portion of the then larger land holdings in the 1850s and 60s. She estimates the home was built during the 1870s when Wellington Larned owned the land and lived there with his wife Emma. City permit records date back to only to the 1970s. Criteria 2, 3, 5 and 6: Parking Parking for overnight bed and breakfast guests and operators of the facility would be provided as shown on submitted site plan. Three spaces are provided for the property owners/operators use, along with
AGENDA February 17, 2015
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Item 8.1 two spaces for the bed and breakfast use at one space per each guest room. These parking spaces are currently paved. As mentioned, ceremony attendees would arrive and leave the site via motor coach/shuttle van(s) during events. Shuttle vehicle parking or a turnaround was not specified by the applicant. However, there is an existing carport onsite. Also an area noted as “Overflow Parking for guests” that is located east of the home. Shuttle vehicles could use the “overflow area” to turnaround and exit to SR 49. Due to access issues onsite that are discussed under Criteria 14, staff has conditioned the request to not permit additional parking in the “overflow parking” area at this time, along the driveway or SR 49 encroachment access. Criterion 4: Removal of a residential structure for the use or parking No structure for residential use would be removed to allow for the bed and breakfast use or to provide parking. Criterion 7: Signs Signs to identify address or the business were not submitted. Staff conditioned the request per Condition 2c as follows: 2c. One non-illuminated sign may be erected on the property, not to exceed eight (8) square feet in area. No single dimension of the sign shall exceed four feet (4'). The sign shall complement the nature of the use; i.e., historic structures should have an historic style sign. One non-illuminated directional sign containing the business site address, no greater than two (2) square feet in area, shall be erected along the driveway access into the site so that it is easily visible from Coloma Street/SR 49. The sign shall complement the nature of the use. The Applicant/Property Owner shall apply for and obtain a sign permit for any site/business identification signs authorized in accordance with the Placerville Zoning Code Section 10-4-11 and regulated under Section 10-4-17 from the Development Services Department. Criterion 8: Owner Occupant Requirement The request was filed by the property owner, Mike Herzog. Staff has conditioned the project to require owner occupancy per the criterion. Criteria 9 and 10: Kitchen and Meals These criteria require meals to be served only to residents and overnight guests, and the residence kitchen may not be converted to a commercial kitchen. No conversion of the kitchen is proposed. It is the intent of the property owner to provide meals to overnight guests. In addition, catered wedding rehearsal dinners are requested. They would coincide with wedding ceremonies. Due to their limited number per month staff does not have a reason to condition the catered rehearsal dinner project component at this time. Criteria 11, 12, 13, 15 and 16 These criteria are added as requested conditions of project approval. They stipulate the permit revocation procedure and finding necessary to revoke the conditional use permit if the use is deemed detrimental to the surrounding neighborhood; they further require the request to comply with the AGENDA February 17, 2015
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Item 8.1 provisions of the R1-10 and R1-6 Zones, and all other ordinances in the City; the property owner must obtain a business license for the requested uses. Criterion 15 permits a bed and breakfast use to be issued only for a period not to exceed two (2) years. This provision has not been routinely enforced by the City for the three operating bed and breakfast establishments. Criterion 16 addresses the transferability clause of the requested use, provided the criteria and conditions are adhered to. Criterion 14 The subject site has approximately one-hundred (100) feet of parcel frontage along SR 49. Existing access driveway is ten (10) feet in width. Emergency egress is proposed to Hillcrest Street. Condition 2(c) is requested to address the concerns raised by Caltrans and staff. To allow the unobstructed simultaneous two-way movement of inbound and outbound vehicles at the driveway intersection with SR 49, the project was conditioned to require the applicant construct and maintain a minimum twentyfour (24) feet in width, paved, commercial encroachment at the driveways’ intersection with SR 49. The twenty-four (24) feet of width must be paved into the property a minimum of fifty-four (54) feet from the centerline of SR 49. The driveway may then taper to its current ten (10) feet of paved width. The City standard encroachment differs from the suggested Caltrans minimum in its depth into to parcel. Caltrans suggests the minimum depth be fifty (50) feet from the edge of the traveled way instead of the City standard depth measured from the centerline of SR 49. The difference is the approximate twelve feet (12’) width of the northbound SR 49 travel lane. Staff believes two-way traffic can be achieved using the City standard. Based on site plan submitted, it appears the conditioned encroachment width could be achieved by widening the existing driveway access to the south. The conditioned improvement could result in the removal of trees along the south side of the driveway near SR 49, or if widened and paved along the north of the driveway then the alteration of existing drainage along the project driveway would be necessary. There is also an overhead utility pole along the south side of the driveway that also must be considered. Parking along the existing driveway or the conditioned commercial encroachment would not allow the movement of vehicles into or out of the site and would impede sight distance southerly at the driveway intersection. Staff witnessed the parking of vehicles on unpaved portions of the project applicant’s property, near the subject driveway’s intersection with Coloma Street (SR 49) during a site visit November 2014. These vehicles I was informed by the project applicant are of the tenant / occupants of two single-family residences, 2715 and 2717 Coloma Street, located immediately south of the intersection. Sight distance concerns were also raised by Joe & Michelle Pedroni in their November 11, 2014 comment letter. Condition 2(b) addresses the concern to only parking only where shown on the approved site plan. Condition 2 (l) was added requiring the applicant to submit a revised site plan for staff review and approval that reflects the Planning Commission approved conditions regarding parking areas, driveway improvements, and road access showing full length and width of Hillcrest Street from emergency egress to Hillcrest Street’s intersection with SR 49.
AGENDA February 17, 2015
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Item 8.1 Figure 2. Commercial Access Standard
AGENDA February 17, 2015
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Item 8.1 ENVIRONMENTAL REVIEW: Pursuant to 15332 (Class 32) of the California Environmental Quality Act Guidelines, in that the project site is located within the city limits; the site is designated Low Density Residential and Medium Density Residential, with corresponding R-1, 10,000 and R-1, 6,000 zoning, where single-family residential uses are permitted and conditional uses may be granted upon securing a conditional use permit; the application for a bed and breakfast use was submitted in accordance with Section 10-4-11: Bed and Breakfast Establishments and Section 10-3-6: Conditional Use Permit of the Zoning Code; the proposed project is less than five acres, the site has not value as habitat for endangered, rare or threatened species; the project as conditioned would not result in significant effects relating to traffic, noise, air quality and water quality, and the site is served adequately by private water and sewer services meeting City requirements. PUBLIC COMMENT: The project was originally noticed for Planning Commission consideration on November 18, 2014. This meeting was cancelled when the applicant decided to revise their request. During the November 2014 ten-day public notice period the City received a November 11, 2014 letter from Joe & Michelle Pedroni. During the February 2015 ten-day public notice period the City received a comment from Michael Krch. These comments are provided as Attachment C. RECOMMENDATION: The site grounds with its existing walking paths, garden areas, mature tree canopy and the character and beauty of nineteenth century The Larned – Miller House would appear to provide a tranquil and picturesque environment for overnight bed and breakfast guests and wedding ceremonies. Based on these site attributes, along with staff’s analysis contained in this report, findings to support the requested approval can be made. Staff therefore recommends the Commission take the following action to conditionally approval CUP 2014-06: I.
Make the finding that this request is categorically exempt from environmental review pursuant to Section 15332 (Class 32) of the California Quality Act Guidelines due to the following: •
•
• • •
The project site is located within the city limits; the site is designated Low Density Residential and Medium Density Residential, with corresponding R-1, 10,000 and R-1, 6,000 zoning, where single-family residential uses are permitted and conditional uses may be granted upon securing a conditional use permit; The application for a bed and breakfast use was submitted in accordance with Section 10-4-11: Bed and Breakfast Establishments and Section 10-3-6: Conditional Use Permit of the Zoning Code; The proposed project is less than five acres, and the site has not value as habitat for endangered, rare or threatened species; The project as conditioned would not result in significant effects relating to traffic, noise, air quality and water quality, and The site is served adequately by private water and sewer services meeting City requirements.
II. Make the finding that this request is deemed essential and desirable for the public convenience and welfare, and is consistent with the General Plan and Zoning Regulations. Further, this request as conditioned provides a service to the traveling and visiting public with no detriment to the surrounding properties.
AGENDA February 17, 2015
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Item 8.1 III. Approve Conditional Use Permit 2014-06, authorizing a two guest room bed and breakfast establishment within an existing single family home; allow photography, catered rehearsal dinners and as many as twenty-five (25) wedding ceremonies on the site per year, but no wedding receptions, subject to the conditions as recommended by staff or with modifications by the Planning Commission. Conditional Use Permit 2014-06 – Heritage House and Gardens Bed & Breakfast Conditions of Project Approval Planning Division 1. The Project Site shall be developed and maintained in accordance with the CUP 2014-06 approved plans dated November 11, 2014, which include site plans on file in the Planning Division, Zoning Code Section 10-4-11 ('Title 10). 2. The use authorized allows for two bedrooms of the home to be rented for transient occupancy under a bed and breakfast establishment, and the operation of wedding ceremonies consistent with the provisions and maintenance of the following: (a) Two (2) parking spaces plus one additional space per room to be rented must be provided. Parking for non-overnight guest parking for onsite ceremonies authorized under this permit is not permitted. All ceremony attendee parking shall occur offsite at the location specified under this permit. Ceremony attendees must be shuttled to the bed and breakfast establishment as authorized under this permit. (b) All parking spaces shall be paved to City standards with materials that maintain the historical character of the neighborhood. Vehicle parking shall only occur within those areas designated for parking as shown on the approved site plan. (c) A minimum twenty-four (24) feet in width, paved, commercial driveway shall be constructed and installed at the subject parcel’s intersection with SR 49. Driveway depth shall be paved into the property a minimum of fifty-four (54) feet from the centerline of SR 49. The driveway may then taper to its current ten (10) feet of paved width. (d) One non-illuminated sign may be erected on the property, not to exceed eight (8) square feet in area. No single dimension of the sign shall exceed four feet (4'). The sign shall complement the nature of the use; i.e., historic structures should have an historic style sign. One non-illuminated directional sign containing the business site address, no greater than two (2) square feet in area, shall be erected along the driveway access into the site so that it is easily visible from Coloma Street/SR 49. The sign shall complement the nature of the use. The Applicant/Property Owner shall apply for and obtain a sign permit for any site/business identification signs authorized in accordance with the Placerville Zoning Code Section 10-4-11 and regulated under Section 10-4-17 from the Development Services Department. (e) The proprietor and owner are required to occupy the property.
AGENDA February 17, 2015
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Item 8.1 (f) The structure shall remain a residential structure; i.e., the kitchen shall not be remodeled into a commercial kitchen. (g) Meals shall be served only to residents and overnight guests. (h) The use is subject to review at any time and may be revoked after a hearing by the Planning Commission and a finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood, or found in violation of conditions of project approval. (i) The bed and breakfast use must comply with all other provisions of the zone in which it is located and must comply with all other ordinances of the City. (j) A City business license is required. (k) The permit is transferable provided that the criteria and conditions are adhered to. (l) A revised site plan shall be submitted for staff review and approval that reflects the Planning Commission approved conditions regarding parking areas, driveway improvements, and road access showing full length and width of Hillcrest Street from emergency egress to Hillcrest Street’s intersection with SR 49. 2. This permit shall apply only to the project parcel, APN 001-231-07, regardless of any change of ownership. 3. Any new use, modification or expansion of the use, or activities not authorized under this Conditional Use Permit, shall be subject to the review and approval of a new conditional use permit. 4. The permit shall expire and become null and void eighteen (18) months after the date of granting such permit, unless required conditions have been met and inspected by the Development Services Department, prior to the date of expiration. 5. The applicant should provide proof of agreement with the off-site parking facility or update the site plan to show parking facilities. Engineering Division 6. All capital improvement impact fees, including TIM fees, shall be paid prior to initiation of use. El Dorado County Fire Protection District 7. Submit an application fee of $50.00. 8. Submit a plan review fee of $150.00. 9. The structure shall have a sprinkler system installed in accordance to NFPA 13, if one is not currently present.
AGENDA February 17, 2015
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Item 8.1 10. A fire alarm system and smoke detection system shall be installed in accordance with NFPA 72 and the California Fire Code. Plans shall be submitted to the fire district for review and approval. System shall include fire sprinkler monitoring, smoke detection in hallways, smoke alarms in sleeping rooms, occupant notification, and one manual pull station near the main entrance/exit(s). 11. Carbon monoxide detectors shall be installed near sleeping areas and on every level of the building, if not already existing. 12. Provide a High Security Knox Box with keys to the building. Applications for the Knox Box and Knox gate padlock can be obtained at 4040 Carson Rd. Camino CA. for a fee of $30.00 each. 13. Provide a “Grand Master” key for the High Security Knox Box. 14. Provide one 2A10BC fire extinguisher in the common area and on both floors of the building. Travel distance not to exceed 75’. Fire extinguishers are to be mounted no higher than 5’ (if not already provided). 15. Provide a site address visible from both directions of Coloma Street. Minimum size is 12” numbers. 16. Driveway shall be designed to carry a 40,000 pound load.
Attachments: The project applicant submitted the following documents regarding the request: A. Planning Application, Conditional Use Permit Application, Site Plan, site and home history B. Other Agency / Department Comments and Conditions C. Public Comment
AGENDA February 17, 2015
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