To: Honorable Mayor and Members of City Council
From: Vincent Smith, Community Development Director
Prepared By: Michael Allen, Senior Planner
TITLE:
Title
Devlin Bed and Breakfast Appeal
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt a resolution denying an appeal and upholding the Planning Commission’s denial of a use permit to operate a bed and breakfast inn at 962 Jackson Street.
Body
DISCUSSION:
APPEAL
On April 6, 2023, the Planning Commission adopted a resolution (3-1-0) denying a Use Permit to allow the conversion of a three-bedroom home into a bed and breakfast with two guestrooms and one manager’s room. On April 17, 2023, the Applicant, Robert Devlin, appealed the Planning Commission’s denial of the application.
In his appeal letter (see Attachment 2), the Applicant/Appellant asserts that Planning Commissioner Paul Kelly was correct when he stated at the April 6, 2023, Planning Commission meeting that nothing in the City’s bed and breakfast ordinance (NMC Section 17.52.060) precluded Mr. Devlin’s residence from being converted to a bed and breakfast inn and that there are no minimum size requirements for a bed and breakfast inn. The appeal letter states the other Commissioners made a mistake in denying the use permit (Commissioner Kelly was the sole vote against the denial).
The Applicant requests that the City Council grant the appeal of the Planning Commission’s denial and that the Council approve a Use Permit to allow the conversion of his home into a two-guest room bed and breakfast inn.
PROJECT CONTEXT/HISTORY
The home is identified as a Listed Resource on the City’s Historic Resources Inventory. According to the State Department of Parks and Recreation “DPR” form, it was built circa 1880 and probably began life as a Queen Anne cottage but “has been changed so often that its appearance is now more funky than historic.” Albeit it is listed in the City’s Historic Resource Inventory (HRI) which is required per Napa Municipal Code (NMC) Section 17.52.060 for consideration of a use permit for a bed and breakfast inn.
BED AND BREAKFAST STANDARDS
NMC Section 17.52.060 authorizes the establishment and operation of bed and breakfast inns with a Use Permit in buildings listed on the City’s HRI and sets forth standards with which a bed and breakfast use must comply. The Planning Commission staff report (Attachment 3) includes a detailed analysis of the project. Below, staff has analyzed the project for conformance with the standards.
1. On-Site Owner/Manager. The building must be the primary residence of the owner or manager of the bed and breakfast use.
Analysis: The project description states that the property owner does not currently reside on the property, and that a manager would be hired who would live on site and manage the two- room bed and breakfast. However, it doesn’t seem economically feasible to hire a live in manager simply to manage two guest rooms.
2. Location and Size. Principal and accessory buildings may be used for bed and breakfast guest rooms. The majority of the guest rooms shall be in the principal building. Additions to either the principal building or accessory buildings shall be visually subordinate to the principal building. New accessory buildings are not encouraged but may be acceptable if the Applicant provides evidence and the city finds that there is no economically feasible way to restore the principal building without new accessory buildings.
Analysis: All two guest rooms would be in the principal building. No additions are proposed.
3. Meals. There shall be only one meal, breakfast, served daily and limited to guests and owner/manager of the bed and breakfast inn.
Analysis: The application indicates light breakfast of pastries, coffee and juice would be offered.
4. Parking. One parking space shall be provided for the owner/manager’s unit and each guest room. On-site parking shall be designed and located to not detract from the residential and historic character of the site’s buildings and grounds. Credit may be given in limited instances for on-street parking fronting the structure where a survey documents such parking is available and does not affect adjacent residential uses.
Analysis: The two guest rooms and the manager’s room require three (3) parking spaces. One parking space will be on-site, and three will be on-street parking spaces immediately adjacent to the property. NMC Section 17.52.060.C.4 allows for credit to be given for on-street parking fronting the structure. The Applicant provided an informal study of on-street parking availability proximate to the proposed B&B (see Applicant’s informal parking study in Attachment 5). The Applicant provided pictures from various times of the day on 13 separate days which indicate that at any given time the majority of on-street parking spaces along the corner property’s two frontages were available for guest parking.
5. Signs. Signs shall be limited to two square feet attached directly to the residential building or structure, unless a sign permit is obtained.
Analysis: No new signage is proposed under this application.
6. Number of Guest Rooms. The number of guest rooms permitted will be determined based on the size of the existing building, grounds and site; the relationship of the site to the character, size and scale of surrounding neighborhood buildings; and visitor access and parking. In general, the number of guest rooms should not exceed ten (10).
Analysis: The number of guest rooms would not exceed 10, as proposed.
7. Concentration of Inns. When a new bed and breakfast inn is proposed within 300 feet of another, the decision-making body shall additionally find that the new inn doesn’t harm the character and livability of adjacent residential properties.
Analysis: There are no bed and breakfast inns located within 300 feet of the project.
8. Design. Rehabilitation Guidelines for Historic Properties contained in the Design Guidelines for the Napa Abajo/Fuller Park Historic District shall be utilized for bed and breakfast inn exterior remodels and additions.
Analysis: The conversion of the building to a bed and breakfast inn does not require any exterior changes.
To approve a Use Permit for a bed and breakfast inn, the decision-making body must make the standard use permit findings in NMC Chapter 17.60, and the following additional findings:
1. The establishment of the bed and breakfast inn is consistent with General Plan policies regarding historic preservation and regarding the loss of rental units in the housing stock.
2. The bed and breakfast inn use will not be detrimental to the historic or architectural character of the existing building(s).
3. The bed and breakfast use is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses.
As discussed in more detail below, the Planning Commission determined that it could not make the required findings, particularly, findings regarding consistency with General Plan policies regarding historic preservation and the loss of rental units in the housing stock.
PLANNING COMMISSION MEETING
At their April 6, 2023 meeting, the Planning Commission heard a report from Staff and a presentation from the Applicant, after which they opened the public hearing and two (2) members of the public spoke, one in support and the other indicated more or less indifference but wanted a condition requiring the parking space on the project site to be used for parking should the bed and breakfast be approved.
The issues that were discussed focused on the appropriateness of the home for conversion to a bed and breakfast inn. Staff’s report to the Commission recommended denial of the use permit because the proposed project would not generally align with the goals of the General Plan regarding historic preservation and loss of rental units in the housing stock. The proposed bed and breakfast would not assist in the preservation and adaptive reuse of a historic resource since the home does not appear to need extensive renovations. Due to its small size, (1,200 square feet, three bedrooms) the home is not in need of adaptive reuse, unlike a typical Victorian era home, which due to its larger floor plan with numerous bedrooms, formal dining room, drawing room and other ancillary rooms, is larger than the modern day, single-family’s needs. The size of the subject home is typical, and in fact ideal, for its continued use as a single-family residence. Its conversion to a bed and breakfast inn would remove a home well suited as a long term rental unit from the housing stock and would be more in line with a vacation rental. However, Commissioner Kelly stated his belief that the Municipal Code does not provide sufficient specificity to deny the use permit application. He didn’t think the Commission had the ability to deny the project because it met the bed and breakfast standards although Staff explained the use permit for the B&B conversion is discretionary and can only be approved if the Commission can make the required findings. Commissioner Kelly discussed the possibility of the creation of future bed and breakfast districts that would allow for conversion of smaller homes.
Ultimately, the Planning Commission (with the exception of Commissioner Kelly) agreed with Staff’s analysis and recommendation and determined it could not make the required findings for approval of the Use Permit. They concluded that the home was ideal for continued use as a single-family residence and was not appropriate for conversion to a bed and breakfast inn since maintenance and upkeep for the relatively small home didn’t rise above that of a typical single-family residence. For these reasons, the Commission denied the application by a vote of 3-1-0, Commissioner Kelley voted in opposition to the denial and Commissioner Hurtado was absent.
ANALYSIS OF APPEAL
The Appellant requests that the City Council grant the appeal and approve the Use Permit for the two-guest room bed and breakfast inn. Below are statements contained in Mr. Devlin’s appeal letter, followed by Staff’s responses:
Appellant: That Commissioner Kelly was correct when he acknowledged the ordinance does not preclude his residence from becoming a bed and breakfast inn and the other commissioners made a mistake in denying his use permit application.
Staff Response: NMC Section 17.52.060; Bed and Breakfast Inns contains the basic criteria for review of a bed and breakfast inn proposal. It’s not a checklist whereby if all boxes are checked that a proposal must be approved. In addition to the primary purpose for a bed and breakfast inn conversion to assist in the preservation and adaptive reuse of City historic resources, a use permit is required. A use permit is a discretionary approval that may be approved if the decision-making body can make the required findings. The specific purpose of a use permit per NMC Chapter 17.60 (Use Permits) is for uses which may be suitable only in specific locations in a zoning district or which require special consideration in their design, operation or layout to ensure compatibility with surrounding uses. The Planning Commission determined it could not make the required findings for approval of the Use Permit. It concluded that the bed and breakfast request was not suitable for the home at the proposed location because the bed and breakfast inn conversion was not needed to assist in the preservation and adaptive reuse of a historic resource because the home does not appear to be in need of extensive renovation and due to its small size, (1,200 square feet, three bedrooms) is not in need of adaptive reuse. Unlike the typical historic Victorian, which due to its larger floor plan with numerous bedrooms, formal dining room, drawing room and other ancillary rooms, is larger than the typical modern single family may need and would be costly to maintain. The size of this home is typical and in fact ideal, for its continued use as a single-family residence. Also due to its small size, the cost of renovation or maintenance would not be more onerous than any other conventional home in the City.
It should be noted there are 2,472 homes designated historic on the Historic Resource Inventory (HRI). If the only criteria required for the conversion of a home to a bed and breakfast is that it’s listed on the HRI, there would be the potential for a large number of conversions which would significantly impact the City’s housing stock.
Appellant: The logic applied by Staff and the Commission seems to be if it’s smallish, in good shape and isn’t a stately Victorian, then it doesn’t qualify as a bed and breakfast inn, even though those standards aren’t clearly stated in the bed and breakfast ordinance or General Plan. Mr. Devlin also mentions that none of this was stated to him prior to his reading the staff report.
Staff Response: As previously discussed, based on the primary purpose for a bed and breakfast conversion being to assist in the preservation and adaptive reuse of a historic resource, Staff has always interpreted the Bed and Breakfast Inn code section as being most applicable to a typical historic Victorian, which due to its typically larger floor plan with numerous bedrooms, formal dining room, drawing room and other ancillary rooms, is more appropriate for use as a bed and breakfast than to home for a typical modern family. And due to the larger size, aged and detailed construction techniques used in Victorians, the cost to rehabilitate and maintain these large, ornate homes necessitate a supplemental revenue stream for the homeowner to maintain their stately home. The appellant’s home, at 1,200 square feet and with only three bedrooms, a living room and a kitchen is ideal for the typical family and does not warrant a supplemental revenue stream for maintenance.
Mr. Devlin was given advance notice of Staff’s position regarding the project in an e-mail sent to him on December 22, 2022 when efforts were being made to deem the project complete so that it could be scheduled for a hearing. Staff issued two incompleteness notifications before staff received the bare minimum information from the Applicant required for Planning Commission review of the use permit request. This notification was more than three months prior to the Planning Commission meeting.
The remainder of Mr. Devlin’s appeal letter contain repetitive statements that don’t necessarily warrant a response.
FINANCIAL IMPACTS:
There are no direct financial impacts to the General Fund that have been identified with this application.
CEQA:
The Community Development Director has determined that the Recommended Action is not subject to CEQA pursuant to Section 15270 of the CEQA Guidelines.
DOCUMENTS ATTACHED:
ATCH 1 - Draft resolution denying the appeal of the Planning Commission’s denial of a Use Permit to expand the Cedar Gables Inn from nine rooms to 15 rooms and a Use Permit for tandem parking at 486 Coombs Street.
ATCH 2 - Appeal Letter from Robert Devlin.
ATCH 3 - Planning Commission staff report dated April 6, 2023.
ATCH 4 - Planning Commission resolution denying the Bed and Breakfast Inn
ATCH 5 - Project Plans
ATCH 6 - Staff Correspondence to Applicant/Appellant
NOTIFICATION:
Notice that this application was received was provided by the City on August 9, 2022 and notice of the scheduled public hearing was provided on May 4, 2023 by US Postal Service to all property owners within a 500-foot radius of the subject property. Notice of the public hearing was also published in the Napa Valley Register on May 5, 2023 and provided to people previously requesting notice on the matter at the same time notice was provided to the newspaper for publication.