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Home My Public Portal AboutAppeal of Zoning Administrator's Approval of Conditional Permit No. 94-066 7, TOWN OF TR9C-cE ,, MEMORANDUM DATE: September 15, 1994 TO: Honorable Mayor and Town Council FRO Tony Lashbrook, Community Development Director SUBJECT: Public Hearing to consider appeal of Zoning Administrator's Approval of Conditional Use Permit 94-066; Kent & Marcia Bocks, applicants/Lynne Jones, esq. representing the estate of Grace Robertson, Appellant AGENDA ITEM: 7. ai APPROVED BY STEPHEN L. WRIGHT, MGR. STAFF RECOMMENDATION: Uphold the decision of the Zoning Administrator approving the Conditional Use Permit for the Bed and Breakfast with conditions. BACKGROUND: The Town of Truckee modified the Development Code in April of 1994 to allow for the consideration of Bed and Breakfast Inns in residential zones through the Conditional Use Permit process (Ord. 94-8). The Bock's established a Bed and Breakfast establishment in their single family residence sometime after it's completion in 1992. Such a use was not allowed by the Nevada County Code or the initial Town of Truckee Development Code and was ordered to cease operation. In May of this year, the Bocks submitted a Conditional Use Permit application to the Town to allow the establishment of a Bed and Breakfast allowing the short term rental of three bedrooms within an existing five-bedroom, single-family dwelling. A public hearing on the Use Permit was held by the Truckee Zoning Administrator on August 3, 1994. The Zoning Administrator acted to approve the application with conditions. The appeal has been filed by a neighboring property owner. The appellant is requesting that the Town Council reverse the finding of the Zoning Administrator and deny the Use Permit. BASIS OF THE APPEAL: The appellant's attorney has submitted a substantial report in support of their appeal. The document is attached to the Staff Report package and incorporated by reference. A summary of the issues raised is provided for reference: 1. A Bed and Breakfast is contrary to historical residential character. Staff Report/Bocks Appeal .September 14, 1994 Page 2 2. The value of the appellant's property may be adversely affected by the operation of the Bed and Breakfast in the neighborhood. 3. The Town applied the residential parking area standards inappropriately and should have applied the commercial standards (prohibiting backing into the right of way). 4. Establishing an "office" on the lower floor is contrary to residential use. 5. Possible mandates to comply with handicapped accessibility requirements will significantly change the historical look of the house. 6. The site is inadequate in size to provide adequate parking and snow storage. 7. The operation of a Bed and Breakfast directly conflicts with the private deed restrictions recorded on the property. 8. The proposed Bed and Breakfast may result in trespass and increased vehicular and foot traffic within the neighborhood creating the potential for nuisance and/or safety impacts. 9. The Bocks have previously dumped snow on property of the appellants. BED AND BREAKFAST ORDINANCE REQUIREMENTS - The ordinance establishes standards applicable to Bed and Breakfast establishments. A summary of the standards and a statement regarding the status of the Bock's application is provided for the Council's information. • The Bed and Breakfast shall be the principal residence of the owner/manager. The Bocks live in the proposed Bed and Breakfast • Services shall be limited to renting rooms and feeding registered guests only. The subject Bed and Breakfast complies with these limitations. • Guest rooms are limited to three rooms in R-1 and six rooms in multi-family (R-2, R-3) or Commercial zones. The subject Bed and Breakfast is located in the R-2 zone and proposes a maximum of three rooms for guest rental. • Guest rooms shall not contain food preparation facilities. The subject Bed and Breakfast complies with the requirement. • Staff Report/Bocks Appeal September 14, 1994 Page 3 DISCUSSION: This section provides an overview of the project relative to established town requirements. • Bed and Breakfasts shall be allowed one sign with a maximum size of 6 square feet. The Bocks did not propose the installation of any signs. The Use Permit conditions prohibit the installation of any signs. • All access to rooms shall be from within the Bed and Breakfast. The subject Bed and Breakfast complies. • Off-street parking shall be provided at a ratio of 1 space per guest room plus 2 spaces for the managers. Parking shall be located to the extent possible out of the front or side yard setbacks. The existing parking area in front of the Bocks' residence provides adequate area to accommodate the required 5 parking spaces. Based upon the size of the house and it's configuration on the lot, it is not possible to provide parking in the rear. USE PERMIT FINDINGS: The Development Code requires that specific findings be made prior to approval of a Use Permit. The following is a summary of those findings: • That the project site is adequate in size and shape to accommodate the proposed use, parking, landscaping and other requirements. The project was constructed as a single family residence in the configuration that it currently exists. The existing residence and parking area will accommodate the Bed and Breakfast without physical alteration. The conditions of approval require delineation of an adequate snow storage area and HPAC review of the landscaping. HPAC reviewed the landscape plan at their meeting of 8/23/94 and recommended re-approval of the plan originally approved in 1992. • That the site is located on streets adequate to handle the traffic generated by the use. The project site is located adjacent to South East River Street, a two lane paved Town Road. Traffic levels on the street are low and are not expected to increase to a level that could create safety or level of service concerns. The operation of a Bed and Breakfast will result in an increase in traffic, however, the Planning and Public Works staff determined that the increase would not be significant. • Staff Report/Bocks Appeal September 14, 1994 Page 4 • The use will not have a significant adverse effect on abutting property. This is a difficult issue to quantify. There will be no physical alterations to the exterior of the site, including no sign and no change to the parking area. There will be additional cars parked within the parking spaces which will have an impact on the outward appearance of the site. It is the experience of the Planning Staff that operation of Bed and Breakfast Inns in historic residential neighborhoods generally increase the economic vitality of such areas. • That adequate public services are available to serve the project. The existing residence is served by community water and sewer system and the Truckee Fire Protection District. These districts have indicated that they have adequate capacity to serve the use. The review of the Use Permit relative to the above code requirements addresses many of the items raised in the appeal. The issue of conflict with private deed restrictions was raised by the appellant, however, the Town has no authority to enforce such restrictions, particularly when they conflict with zoning regulations. CONCLUSION: In the opinion of staff, the Zoning Administrator was put in a position of making a policy decision regarding the newly adopted Bed and Breakfast Ordinance. At issue is whether or not Bed and Breakfast Inns will be allowed within residential structures in the historic downtown area when there are objections from residents of the neighborhood. Planning Commission and Town Council recently enacted this ordinance providing the apparent direction that such uses are desirable if all requirements are met. The Town Council should carefully consider this issue as the decision on the appeal will provide policy direction. The only other non-standard situation involved in this application is the parking configuration. This raises a policy issue as well. After careful review, the staff recommended allowing the existing parking configuration with vehicles backing into South East River Street. This decision was made after analyzing traffic volumes and potential traffic impacts and the appropriateness of developing a parking lot situation for a single family residence used as a Bed and Breakfast. Generally, requiring a parking lot configuration would have a greater tendency to modify the residential appearance of a neighborhood and result in visual inconsistency. ATTACHMENTS: 1. Statement of appeal. 2. Approval letter with final conditions as approved by Zoning Administrator. 3. Staff Report package considered by zoning Administrator including letters of objection. 4. Bed and Breakfast Ordinance. TL:sm • • APPFAL _REQUEST Case Number of Project being Appealed: 94-066/CUP 19-152-17 Type of Case: ❑ Tract Map ❑ Planned Development n Hillside Plan Review ❑• Parcel Map 0 Planning Use Permit ❑ Development Code ❑ Variance Conditional Use Permit Amendment ❑ Zona Change 0 Site Plan ❑ Other I/we hereby appeal the action taken on this protect as follows: Erojact Description • 1. Detail what is being appealed and what action or changes you seek. Specifically address the findings, mitigation measures, conditions and/or policies with which you disagree. Attach additional pages if necessary, See Attached - Exhibit A - Item 1 2. State why you are appealing - be specific. Reference any errors or omissions. Attach any supporting documentation, See Attached - Exhibit A - Item 2 3. Please provide a summation of your arguments In favor of the appeal. See Attached - Exhibit A - Item 3 • I/we certify that I/we are the: X Local owner(s)fiduciairieuthorized Legal Agent(s) Other Interested Persons WUUJJSRRNAND WEDGE '— :ALynne K. Jones Name: WOODBURN and WEDGE Simon tu,e of Appellant(-s-)— Attorneys for Helen Jane Wertz Quigle and Address: Post Office Box 2311 Charles W. Wertz J Co-executors of the state o Grace f .Jr. ecease Reno, Nevada 89505 Date: .4//5/i'ti Date Accepted by Town: ICl/ `I Telephone: (702) 688-3000 FORM6v,PPCAL Attorneys for Helen Jane Wertz Quigley and Charles W. Wertz, Jr. , Co-executors of the , Estate of Grace D. Robertson, deceased Community Development, Department, 12030 Donner Pass Road, Truckee, California 96161 APPEAL REQUEST EXHIBIT A Case Number of Project being Appealed: 94-066/CUP 19-152-17 Appellant: Helen Jane Wertz Quigley and Charles W. Wertz, Jr. , Co-executors of the Estate of Grace D. Robertson, deceased Item 1: Detail what is being appealed and what action or changes you seek. Specifically address the findings, mitigation measures, conditions and/or policies with which you disagree. Helen Jane Wertz Quigley and Charles W. Wertz, Jr. , Co- executors of the Estate of Grace D. Robertson, deceased ("Co- executors") appeal the Conditional Use Permit granted to Kent and Monica Bocks to establish a bed and breakfast facility within a residentially zoned area and request that this Agency reverse the Zoning Administrator's decision. Findings, Mitigation Measures, Conditions and/or Policies The Co-executors appeal and object to the following findings and/or comments made in the written Zoning Administrator Staff Report ("Report") dated August 3 , 1994 and the following oral findings and comments made at the public hearing in this matter held on August 3 , 1994 . The Report notes that the Bocks' home has "historically been maintained as a bed and breakfast facility by Mr. and Mrs. Bocks up until March of 1993" [Staff Report Memorandum, p. 2] . If the facility had been used as such, it was done in contravention of existing ordinances and without the approval or acquiescence of neighbors. The Report concludes, "The character of the neighborhood is that of an historic residential community. . . . Staff review of the project relative to the compatibility with this residential character has determined that the use will not detrimentally affect this character. " [Staff Report Memorandum, p. 3 ] . Included in the Report findings is, "The approval of the proposed bed and breakfast facility, subject to the imposed conditions contained herein, will not detrimentally affect or degrade the historic residential character of the neighborhood. " [Findings, No. 5] . Any alterations to the Bocks' home as a result of the use as a bed and breakfast may substantially change its appearance and reduce its consistency with the historical character. A bed and breakfast is contrary to "historical residential character. " Further, as set forth in the following, the value of the decedent's property may be affected and the 1 property may be less attractive to potential purchasers as its use will be a business use in a residential area. The Report comments, 'Section 28 .4 .B. , "Parking Design Standards, " encourages parking design so as not to require vehicles to back onto the Town maintained right-of way. This section does not apply to single family residences. As the primary use of the residence is single family in nature, staff has determined that this particular code section does not apply to this project. ' [Staff Report Memorandum, p. 3] . This section should be applied to the use of the Docks' home as its use, based on number of rooms, square footage, and outside use, will be primarily for a business purpose. In the original written Conditions of Approval in the Report, a notation is made that the existing bedroom on the ground level floor will be converted and maintained as an office area. [Condition No. 10) . This is contrary to residential use. The Report observes that all bedrooms will be on the second floor. [Condition No. 10] . Any attempts to meet the requirements of the Americans with Disabilities Act should it apply to the Bocks will significantly change the appearance of the house and its historical look. The Finding that the site is adequate in size and for intended use is incorrect. Persons parking will back out onto the street, indicating lack of size. In addition, the Bocks' snow removal in the past has been inadequate and, as stated at the hearing by the Docks' , included dumping snow on the property across the street, which included the decedent's property and indicates a lack of adequate size. While many of the conditions invoked by the Zoning Administrator will offer the Co-executors and the decedent's successors in interest protection against the detrimental effects of the operation, they are not sufficient. For those reasons, based on these incorrect findings and on the arguments in the following, the Co-executors request that this Agency reverse the Zoning Administrator's decision and deny the Application for Conditional Use Permit submitted by Kent and Monica Bocks. Item 2 : State why you are appealing - be specific: Reference any errors or omissions. Attach any supporting documentation. The Co-executors appeal the granting of the Conditional Use Permit by the Zoning Administrator for the following reasons: (1) the Bocks proposed use is directly contrary to the Declaration of Tract Restrictions recorded and binding on the Docks and any successors in interest to Grace D. Robertson, (2) the proposed use may result in trespass and nuisance to all residents in the neighborhood due to increased automobile 2 traffic, foot traffic and noise, (3) safety in the neighborhood may be compromised by increased automobile traffic, (4) in the past the Socks have dumped excess snow on decedent's property and snow removal poses a significant a problem, (5) the Finding that the use will be primarily residential although a clear majority of the bedrooms in the Bocks' residence will be used for a business use is error and such use is inconsistent with residential use, (6) the Finding that the use will be primarily residential although the first floor will include an office is error and such use is inconsistent with residential use, (7) the proposed use will render the adjoining property owned by the decedent less attractive for sale, (8) the Co-executors will be selling the parcels owned by the decedent on the other side of the street and the proposed use may negatively affect the sale, and (9) the parcels across the street may be sold as a combined larger parcel and would therefore accommodate a larger building, such as another bed and breakfast applicant. Based on the precedent set by the Bocks' application, this would significantly change the nature of the neighborhood for the surrounding homeowners. Item 3 : Please provide a summation of your arguments in favor of the appeal. Assets of the Estate of Grace D. Robertson, deceased, include seven lots on South East River Street, identified as APN 19-152-18, 19-152-31, 19-152-32 , 19-152, 33 , 19-152-34, 19-152-35 and 19-152-36. One lot (19-152-18) is immediately adjacent to the site of the flocks' proposed bed and breakfast. Mrs. Robertson at one time owned much of the property on South East River Street and did considerable work to ensure development of the area as a unique and high-quality residential neighborhood. The Bocks purchased their lot located at 10064 South East River Street from the decedent. Prior to the Docks' purchase, Mrs. Robertson recorded a Declaration of Tract Restrictions on July 10, 1987, as Document No. 87-24473 ("DOTR") . A true and correct copy of the Declaration of Tract Restrictions is attached as Attachment 1. The Bocks' home occupies portions of what was known as lots Q and R of APN 19-152-04 . The Bocks' purchased the land subject to the recorded restrictions. While this Agency and the Zoning Administrator may not be in a position to enforce the DOTR, it is appropriate that they be given weight in the decision making process. The DOTR General Purposes provide that the real property affected by the restrictions is "to be used for residential purposes only, and for the preservation of values and for the benefit of each and every part said property. " [DOTR, p. 1] .. The Bocks' use may compromise the value of the property owned by the decedent and certainly does not benefit each and every part of the property. 3 The Land Use and Building Type provision of the DOTR states that " [n]o lot may be used except for residential purposes" and provides that only a single-family dwelling may be built. [DOTR, p. 1] . The DOTR also provide that "no . . . offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. " [DOTR, p. 2] (emphasis added) . This contemplates activities which may not at the time appear to be a nuisance but may become one later. The DOTR further state that "No sign of any kind shall be displayed to the public view on any lot except one sign of not more that (sic) four square feet advertising the property for sale or rent. " [DOTR, p. 2] . The operation of a bed and breakfast facility violates the intended residential nature of the neighborhood. The Bocks have indicated a majority of the bedrooms in addition to a first floor office will be used for their bed and breakfast business. This is inconsistent with residential use. It is clear the majority of their home will be allocated to a business use. The Zoning Administrator's conclusion that the use will be primarily residential is unfounded and made in error. In addition, notwithstanding the DOTR restriction on nuisance, the proposed use may result in civil trespass and nuisance claims as the use will result in increased automobile traffic, foot traffic and noise. Safety in the neighborhood may be compromised by increased automobile traffic and insufficient snow removal. In the past the Bocks have dumped excess snow on decedent's property which is unacceptable and inappropriate. This activity supports the Co-executors position that the site size is not adequate for the intended purposes. Most importantly, the proposed use may make the property owned by the decedent less attractive to potential purchasers. The Co-executors are in the process of preparing all of the lots which are assets of the decedent's estate for sale and future development. The existence of a bed and breakfast may affect the value of the property which will be sold and may diminish the attractiveness or desirability of the decedent's property to potential purchasers, negatively affecting potential sales. This neighborhood was planned as a unique, up-scale, quiet neighborhood. A bed and breakfast facility may compromise this plan. In addition, the parcels across the street from the proposed bed and breakfast may be sold as a combined larger parcel. They would therefore accommodate a larger building, such as another bed and breakfast applicant. Based on the precedent set by the Bocks' application, additional Conditional Use Permits may be granted and thereby the nature of the neighborhood for the surrounding homeowners will be substantially affected. 4 It is the Co-executors' understanding the conditions of the Conditional Use Permit preclude any signage and therefore this is a moot issue. During the public hearing held in this matter, the Bocks admitted that they operated the bed and breakfast at a time when it was not legal to do so. They stated that they did so until someone complained. It was further stated at the hearing that the Bocks' landscaping does not meet HPAC requirements. They also admitted that in the past they have improperly dumped snow on other property in the area. With their application, the Bocks have completely ignored the Declaration of Tract Restrictions. These actions give no assurance that the Docks will comply with the conditions in the Conditional Use Permit. In fact, they indicate quite the contrary. For these reasons, the Co-executors respectfully request that this Agency reverse the decision of the Zoning Administrator and deny the application. DATED this `'9 day of August, 1994 . WOODBURN AND WEDGE One East First Street, Suite 1600 Post Office Box 2311 Reno, Nevada 89505 Lynne K Jon- Attorne . for a'n Jane Wertz Quigley and C arles W. Wertz, Jr. , Co-executors of the Estate of Grace D. Robertson, deceased. It is the Co-executors' understanding Shelley and Joe McGinity of 10084 South East River Street join in this appeal. 5 wIIL•11 Ill',LUK000 Ittl ultll IV: apace 6. Robertson 87 (2j4'73 OFFANAL•iiEGOi,DS ,P..•0. Box aD REGUESTEDGY Truckee, Ca. 95734 INTER-COUNTY iITLE • 1981 AUG 28114900 DECLARATION OF TRACT RESTRICTIONS - ,U6.• C C,DOLIi1GERa NEVADA COUNTY 1 RECORDER I j . PART A. • fl91A. Grace D. Robertson hereby declares she is the owner of Lots/0, P, Q, R, S and T of that certain real property having Assessor's Parcel Ho. 19-152-04, County of Nevada, State of California, the vesting document of which is recorded in Official Records, Document No. 82-12252, Nevada County Recorder's Office, Owner does hereby declare all of said property is, and any conveyance of all or any part thereof shall be, subject to the following restrictions: PART D. • • 0-1 GENERAL PURPOSES OF RESTRICTIONS. The real -prpPerty.affected hereby is subject to the conditions, restrictions and charges herein contained to provide a settlement, community or neighborhood of persons who will provide a high type and quality of improvements on said property, which is to be used for • residential purposes only, and for the preservation of values and for the benefit of each and every part of said property. 0-2 FULLY PROTECTED RESIDENTIAL AREA. Every residential area covenant set forth in Part C shal appy to all numbered lots. PART C. RESIDENTIAL AREA COVENANTS. C-1 LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. Sic building shall be erected, placed or permitted to remain on any . lot other than one detached single-family dwelling of at least 700 square feet if one story and 1400 square feet for a two story building, exclusive of open ' porches and garages, except for Cottage homes with a square footage of 670 feet. - No lot shall have larger than a two car garage, • C-2 ARCHITECTURAL CONTROL, (a) No building shall be erected, placed or altered in any way unless the same shall be of Victorian style'and until the constructions plans and specifications and a plan showing the location, quality of materials to be used, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation, shall have been approved by the Architectural Control Committee as provided in Part D-4 herein and by the Historical Preservation Advisory Committee, if applicable. (b) Ho structure, not including around floor decks, shall extend Northerly more than seventy (70) feet from the most northerly portion of South River Street, which is located along the southerly boundary of each lot. Ho roof nor side awning shall be erected or installed which shall obstruct the view In any direction of the occupant of the adjacent lot. • C-3 DWELLING COST, QUALITY AHD SIZE. No'-dwelling shall be permitted on • - any lot at a cost, not includingngtotTfees necessarily payable to all governmental agencies as a prerequisite to a valid building and/or occupancy permit, less than 545,000.00 based upon cost levels prevailing on:the date these•covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are • recorded at the minimum cost stated therein for minimum permitted dwelling site. • • • • -1- • ATTACHMENT 1 TO EXHIBIT A • ' 4 H•L 1 Lj • C-4. • BUILDING LOCATION. Except as otherwise provided herein, placements shall conform with existing building restrictions of Nevada County in front, rear and ;ide set backs from property lines. Location shall also be controlled by the suitability of the proposed building or structure and the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony • thereof with the surroundings, and the effect of the building or other structure as planned on the outlook from the adjacent neighboring property. C-S. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved. . C-6. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor sha 1 anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C-7. TEMPORARY STRUCTURES. No structures of a temporary character, trailer. basement, tent, shack, garage, barn or any outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. All construction started on any lot shall be completed with two (2) years. . C-B. LIVESTOCK. No animals, livestock or poultry of any kind shall be raised, • bred or kept on any lot, except that dogs, cats or other household pets may be kept provided they are controlled within a confined space and are not a nuisance to the neighborhood; and provided that they are not kept, bred or maintained for any commercial purposes. . C-9. SIGHS. No sign of any kind shall be displayed to the public view ony? any lot except one sign of not more that four square feet advertising the property ; for sale or rent. ' trr:71'x PART D. D-1. TERM. These covenants are to run with the land and shall be binding on all persons claiming under them for a period.of ten (10) years from the date • these covenants are recorded, after which time said covenants shall automatically be extended for a successive period of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to ; , s .•.. 't,, change said covenants:•in whole or in part. D-2. ENFORCEMENT. Enforcement shall be proceedings at law or the equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. D-3. SEVERABILITY. invalidation of any one of these covenants by judgment or court order sta l in no wise affect any of the other provisions which shall remian in full force 'and effect. . . . D-4. The Architectural Control Conmitte shall consist of a majority of owners of said lots. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. No member or designated representative shall be entitled to any compensation for services performed pursuant to this covenant. IN WITNESS WHEREOF, the Owner of said property has set her signature this day of , 1987. Ca>n n.tc. -Ni. o� nL -1,rra'I Grace U. Robertson STATE OF CALIFORNIA ) _"'\ °"""" d �!., 1:97,1.1..V&t,iG A 'SS. 'Y z.k i.:.-n,vtm.cunoww M1 COUNTY OF NEVADA ) -:r J' •wemnncournv n I M/ • temn:issinn[..Lu Oa.al.ie • On this /p day of Y�.4-1 , 1987, before me, the undersigned Notary Public in and' for said County and State, personally appeared Grace D. Robertson, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and who acknowledged to me that she executed the same. WITNESS my handl aqd official seal NOTARY PHDIcy 'o`f' "YCL�tit5ic0C5CE'MENi /.2—?—S'l Planning Division lZbJCIE . Building & Safety Division psis} szas�sn _ s (916) 582-7820 � ,,., >• August 4, 1994 • Kent and Monica Bocks . • 10064 South East River Street ,. Truckee, CA 96160 Re: Case Number 94-066/CUP •' • Dear Mr. and Mrs. Bocks: The Town of Truckee Zoning Administrator at a regular meeting held on August 3, 1994, upon public hearing, considered your applicationrequesting a Conditional Use Permit to allow a Bed.and Breakfastto operate from your home. The Zoning Administrator.granted your request, subject to the attached, amended conditions and based upon the findings specified in the attached Staff Report dated August 3, 1994. . ' Pursuant to the requirements of the Land Use and Development Code, you are hereby notified that this decision is not final until the expiration of ten (10) days from the date of the Zoning Administrator's action.: If the matter is appealed or submitted to the Town 'Council for final action, the effective date is stayed until final action by said Council. Any . appeal must be submitted on the proper form which is available from the Community • Development Department. . ' The Zoning Administrate .tis'awed the project and.determined it to be categorically exempt pur r_ rr- on 15303 of the California Environmental Quality Act. . To /�'shbrook . • ing Administrator •TL/bw • Attachment ' Community Development Department, 12030 Donner. Pass.Road, Truckee,' California 96161 CONDITIONS OF APPROVAL (Fe) Isv veer-610P) These conditions of approval relate to the approval of a Conditional Use Permit located at 10064 South East River Street, Truckee (94-066/CUP). PLANNING DIVISION: 1. This Conditional Use Permit approval is limited to a bed and breakfast facility consisting of three (3) bedrooms with a maximum of six (6) guests. 2. Applicant is responsible for compliance with Chapter II, Section L-11 3.48, "Bed and Breakfast Inns", and Section L-ll 2.2, "Definitions", as adopted by the Truckee Town Council on April 21, 1994. 3. This approval does not include signage for the bed and breakfast facility. Any signage other than address is prohibited. 4. Five (5) parking spaces shall be maintained on the property and shall be kept clear of snow. The garage parking, included in the required parking count, shall be kept clear for its intended use. The parking of customer vehicles within the town roadway, or that conflict with snow removal equipment/operations shall be a violation of the conditions of the use permit and may result in revocation of the use permit. 5. Snow storage areas must be defined by the applicant, and approved by the Town of Truckee Community Development Department and Public Works Director prior to operation of the bed and breakfast facility. Snow must be kept on the confines of the property, and snow may not be moved onto or stored on the Town maintained right-of-way. 6. Applicant shall register with the Town of Truckee, Finance Department;for the payment of a Transient Occupancy Tax prior to use of the residence by guests. 7. The applicant shall submit for review and approval to the Historic Preservation Advisory Council (HPAC) a comprehensive landscaping plan detailing conformance with the HPAC Design Guidelines, Chapter 4, "Landscaping". This landscaping plan shall be compatable with the identified snow storage areas. Said landscaping shall be installed and approved by the Planning staff prior to the operation of the bed and breakfast facility. 8. Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work or other actions authorized by this determination shall be authorized or commenced until all outstanding fees are paid to the Town. 9. Any further physical modification visible from the right of way and/or abutting properties will be subject to Town and/or HPAC review. 10. A Zoning Administrator hearing shall be required one year after operation of the bed and breakfast begins to determine if the applicants are complying with all aforementioned conditions. If the operation of the bed and breakfast facility is found to be having detrimental impacts on the neighborhood, this hearing may result in modifications of the project conditions or revocation of the use permit based upon the facts available at that time. BUILDING AND SAFETY DIVISION: 11. Smoke detectors shall be installed in each bedroom and at a point centrally located in the corridor or area giving access to each sleeping area and on each floor. 12. All three (3) bed and breakfast guest rooms and the two (2) residential bedrooms shall be maintained on the second floor. The existing bedroom on the ground level floor, as detailed on the submitted floor plans, shall be converted and maintained as residential area. Any variation to bedroom configuration will require further review for compliance with the Americans with Disabilities Act. Applicant shall consent to an initial inspection and subsequent inspections, if determined to be necessary by the Chief Building Official, to verify conformance with this condition. STATE OF CALIFORNIA ALCOHOL BEVERAGE COMMISSION: 13. Applicant shall secure any required approvals prior to the serving and/or consumption of alcohol by bed and breakfast guests. NEVADA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH: Prior to Building Permit Issuance: 14. Provide a "will serve" letter from the appropriate public agency(s) for water and sewer. 15. Submit three (3) sets of construction plans for review and approval. Plans shall show compliance with the California Uniform Retail Food Facilities Law. A plan review fee shall also be submitted in accordance with the latest adopted fee schedule. Prior to Building Occupancy/Use: 16. Provide "proof of service" from the appropriate public agency(s) for water and sewer. 17. Obtain and annually renew a Public Health Certificate of Operation for a Restricted Food Service Transient Occupancy Establishment (Bed and Breakfast). TRUCKEE SANITARY DISTRICT: 18. Applicant shall meet all applicable requirements and pay all applicable fees for residential and commercial establishments. Prior to the operation of the bed and breakfast facility, the applicant shall provide verification to the Planning Division that said requirements and fees have been met and paid.. TAHOE TRUCKEE SANITARY DISTRICT: 19. Applicant shall meet all applicable requirements and pay all applicable fees for the establishment of three (3) commercial units. Prior to operation of the bed and breakfast facility, the applicant shall provide verification to the Planning Division that said requirements and fees have been met and paid. TOWN OF TR 4GK E t .,.. MEMORANDUM ZONING ADMINISTRATOR STAFF REPORT DATE: August 3, 1994 TO: Zoning Administrator FROM: Gavin Ball, Planner RE: (94-066/CUP) Request by Kent and Monica Books for the approval of a Conditional Use Permit to establish a Bed a' d Breakfast facility within a residentially zoned area. Agenda No: 3.1 Approved By: 1\ 9 Elizabeth Eddins Town Planner RECOMMENDATION: 1. That the Zoning Administrator conditionally approve the Conditional Use Permit, based upon the findings and conditions contained within the staff report. 2. That the Zoning Administrator has determined that this project is categorically exempt pursuant to Section 15303 of the California Environmental Quality Act. PROJECT DESCRIPTION: The applicant proposes the operation of a bed and breakfast facility within an existing single family residence. The project includes use of three (3) of the existing five (5) bedrooms in the residence for use by a maximum of (6) bed and breakfast guests. Five (5) parking spaces are proposed on site to service the facility. 6TT.FFAPT/99-066/CUP Staff Report Memorandum 94-066/CUP August 3, 1994 Page 2 LOCATION: The project is located at 10064 South East River Street within the Downtown Truckee Historic Preservation District. GENERAL INFORMATION: Zoning: R2 - (12) - HP (Multiple Family Residential, Historic Preservation) Assessor's Parcel Number: 19-152-17 BACKGROUND: The existing residence has historically been maintained as a bed and breakfast facility by Mr. and Mrs. Bocks up until March of 1993. At this time, under the jurisdiction of Nevada County, the operation was ordered to cease due to the non-conforming status as a use inconsistent with the R2 (Multiple Family Residential) zoning standards. The Rocks were unable to make the use legal due to the lack of a Bed and Breakfast ordinance under county jurisdiction. The Community Development Department received a complaint from a surrounding property owner in November of 1993. The complainant alleged that the bed and breakfast facility was continuing to operate illegally. Town enforcement resulted in a meeting with the Bocks on December 7, 1993. This meeting generated a letter from Kent Bocks stating that the use has not been in operation since the spring of 1993 and will not be operated until the adoption of a bed and breakfast ordinance by the Town and the appropriate approvals being granted for the use. Subsequent inspections by staff has revealed no evidence that the use continues to be conducted on the site. In April of 1994, the Truckee Town Council adopted a Bed and Breakfast ordinance providing for the establishment of such a use within the R2 zoning district, subject to the issuance of a Conditional Use Permit. The Bocks are now requesting approval to establish the facility under this newly adopted ordinance. PROJECT ANALYSIS: The applicant proposes to use three (3) of the existing five (5) bedrooms in the residence for use by the bed and breakfast guests, the remaining to be retained as the primary residence of the Bock family. The project includes use by no more than STAFFRPT/94-066/CUP Staff Report Memorandum 94-066/CUP August 3, 1994 Page 3 six (6) guests at any time. Pursuant to the Bed and Breakfast ordinance, five (5) parking stalls have been provided, one (1) for each rentable room and two (2) for use by the manager/owners of the property. All parking is provided on the project site, including one (1) space within a garage. The project site is surrounded by Multiple Family Residential zoned parcels within the Historic Preservation District boundaries of downtown Truckee. The developed parcels on South East River Street contain single family residences, with the exception of the northwest corner which is currently zoned commercial. Due to the relatively small size of the currently unimproved parcels in the neighborhood, future development will most likely be single family residences. The character of the neighborhood is that of an historic residential community. The residential structures on the street, including the subject residence, have received approval from the Historic Preservation Advisory Council (HPAC) for their architectural detail conforming to the HPAC Design Guidelines. Staff review of the project relative to the compatibility with this residential character has determined that the use will not detrimentally affect this character. Staff has noted, however, concerns regarding the approved landscaping plan by HPAC in May of 1992. Due to the lack of an approved plan in the HPAC file, staff has recommended that a condition be included requiring HPAC approval of a detailed landscaping plan and installation prior to use of the facility. Section 28.4.3., "Parking Design Standards", encourages parking design so as not to require vehicles to back onto the Town maintained right-of-way. This section does not apply to single family residences. As the primary use of the residence is single family in nature, staff has determined that this particular code section does not apply to this project. In addition, designing a parking area that avoids backing into the right-of-way generally results in a commercial appearance that would not be appropriate in this neighborhood. This concept, coupled with the relatively low traffic intensity on South East River Street, has prompted the Planning Division staff and Department of Public Works to approve the submitted parking plan. ACTION: Staff recommends that the Zoning Administrator take the following action: • 1. Conditionally approve the Conditional Use Permit, based upon the conditions and findings contained within the staff report. STF.FFRPT/94-066/CUP Staff Report Memorandum 94-066/CUP August 3, 1994 Page 4 2. Determine this project to be categorically exempt pursuant to Section 15303 of the California Environmental Quality Act. ATTACHMENTS: 1. EXHIBIT A - VICINITY MAP 2. EXHIBIT B - EXISTING LAND USE DESIGNATION 3. EXHIBIT C - SITE PLAN 4. FINDINGS 5. CONDITIONS • • STJ.FFRPT/94-066/COP TOWN OF TRUCKEE • • rE� a` it 1,, , )(::: r` ur "cr USES " RANGER STATION N °'r �. SITE LOCATION i` app �,�•' ,.,,-.._ ,ussont nn a.r CIPCl L" TRUCK � � - ' X, 1L�l 41 .%�ly?.,•r °' .�i ' RTA ION gy E °Ana,— AN51 0 , In sn runl:r:•.>_` •-S✓/;,rw��y+'lv+�' ` iSPOT .,;(! . �I°CY.YL!" KGSInr•� /-I. t ''�j;y ?'i:,` ovum u,ru[urt;s = 4'f../.- R REGI NAL $; RIVER . i._qac . ® i, nn.' 94 •• ata ri REGIONAL r u n.uo:' V.^OE SI-I I'R1.[1' r• �: c•P / :w PH ARK t6°,L .. 1=Y,U JIA1 l))` ,‘•:-1":„..,:,::-.- n•, r �n^ ' 111 DB-- ASS n° ® MEADOW' ,.^ oW . ,.�" rt ®PARK `, ''' ,r r�F% Ula ROSE 'y ,.i' L 5, 'r_',1 vizir `LLAT E�T';;Ly(E—�\ PARK QP - /s '• J^.1111 :1,; Y ..r . � "! •t !I� �',�'r rc'VYX. +/;,'' ri .P4 I..); ' UPN C",?, b22.l1:ILL'^i� N, 9i �/• �� "Ul°Inlna'•S • IlY !.�,. np� El 14 DOGW•rw IM 0.0-0-1.1.1-1".11.4,./. k...06. ~��1•C'/ ,f �!O++( OSA K {AA Po rc � . _ ------- - - r; 'n K„IrJ�''ut •• i' 40.°Eu rn@nV �q0 • a,vni IS on ;. I' I: i rrn.e �: •�, " lt„o0 'NE: „,rn : 'arra I1 ,• /r Palisade:: ,;yip JJ �'—.rn,c ccm,e WY p Ponderosa U e ��ruq �T m + u'# ' ' to ” ` iivrn'�scf nl_ L 1 meq .r �.�jib ,. +�`j ;, MarliswoQsa ::6, t., Ponderosa ! Magi Ull ° A-'S Eslat Js Ranchos CASE :x 19-152-17 • APPLICANT ;t Kent: and Monica Bocks' . EXHIBIT A MEETING DATE 'Atigiust 3. 1994 VICINITY MAP TOWN OF TRUCKEE I. \ 1 _ r RW R _ rvir . 1 a a , � �}� a r.. r if. STiRE• yi . itt- gi _ N _ :IP.'„'t TO♦ \\ \.. . '» \ \ \ \ \\\\\�;i�.v\•\`.\\\\�^5. SITE LOCATION _--- TYI '.A . . ., \\\'f, \\\\\;\ \-\ ;itict - NI , -N P _� P i-\ \— '. , 0 0.37 l 2)-HP ;OUSH AIVV' St ` AY P,OAD A 4C1- HP � - -i • CASE # 19-1 59-17 EXHIBIT B APPLICANT # Kent and Monica Bocks MEETING DATE August 3, 1994 EXISTING LAND USE DESIGNATION • UZ -I F. CO 4_ ± W F_- ' W (1) :;,.:1%*!?..,. • •. IENGINEEN'S NOTES Ll ,mnvt tw,'I m • L. r..• T I.r r r.0 uuu:vr..rr. Matra uaa . ... v..ax I NMTw • .. . 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I CD FINDINGS These findings relate to the approval of a Conditional Use Permit located at 10064 South East River Street, Truckee (94-066/CUP). 1 There is very little probability of substantial detriment to or interference with the future-adopted General Plan for the Town of Truckee if the bed and breakfast facility is ultimately inconsistent with the Plan. 2. The existing residence on the project site is currently served by public sewer and water with the capacity to serve the proposed bed and breakfast facility. 3. The conditions made a part of this approval are reasonable and necessary to protect the health, safety and welfare of the community. 4. This Conditional Use Permit approval is consistent with the Town of Truckee Land Use and Development Code and all applicable state regulations. 5. The approval of the proposed bed and breakfast facility, subject to the imposed conditions contained herein, will not detrimentally affect or degrade the historic residential character of the neighborhood. CONDITIONS OF APPROVAL These conditions of approval relate to the approval of a Conditional Use Permit located at 10064 South East River Street, Truckee (94-066/CUP). PLANNING DIVISION: 1. This Conditional Use Permit approval is limited to a bed and breakfast facility consisting of three (3) bedrooms with a maximum of six (6) guests. 2. Applicant is responsible for compliance with Chapter II, Section L-II 3.48, "Bed and Breakfast Inns", and Section L-II 2.2, "Definitions", as adopted by the Truckee Town Council on April 21, 1994. 3. This approval does not include signage for the bed and breakfast facility. Any future signage is subject to review and approval by the Planning Division in the form of a sign permit application. 4. Five (5) parking spaces shall be maintained on the property and shall be kept clear of snow. The garage parking, included in the required parking count, shall be kept clear for its intended use. 5. Snow must be kept on the confines of the property and may not be moved onto or stored on the Town maintained right-of-way. 6. Applicant shall register with the Town of Truckee, Finance Department, for the payment of a Transient Occupancy Tax prior to use of the residence by bed and breakfast guests. 7. The applicant shall submit for review and approval to the Historic Preservation Advisory Council (HPAC) a comprehensive landscaping plan detailing conformance with the HPAC Design Guidelines, Chapter 4, "Landscaping". Said landscaping shall be installed and approved by the Planning staff prior to the operation of the bed and breakfast facility. 8. Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work or other actions authorized by this determination shall be permitted, authorized or commenced until all outstanding fees are paid to the Town. BUILDING AND SAFETY DIVISION: 9. Smoke detectors shall be installed in each bedroom and at a point centrally located in the corridor or area giving access to each sleeping area and on each floor. 10. All three (3) bed and breakfast guest rooms and the two (2) residential bedrooms shall be maintained on the second floor. The existing bedroom on the ground level floor, as detailed on the submitted floor plans, shall be converted and maintained as office area. Any variation to bedroom configuration will require further review for compliance with the Americans with Disabilities Act. Applicant shall consent to an initial inspection and subsequent inspections, if determined to be necessary by the Chief Building Official, to verify conformance with this condition. STATE OF CALIFORNIA ALCOHOL BEVERAGE COMMISSION: 11. Applicant shall secure any required approvals prior to the serving and/or consumption of alcohol by bed and breakfast guests. NEVADA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH: Prior to Building Permit Issuance: 12. Provide a "will serve" letter from the appropriate public agency(s) for water and sewer. 13. Submit three (3) sets of construction plans for review and approval. Plans shall show compliance with the California Uniform Retail Food Facilities Law. A plan review fee shall also be submitted in accordance with the latest adopted fee schedule. Prior to Building Occupancy/Use: 14. Provide "proof of service" from the appropriate public agency(s) for water and sewer. 15. Obtain and annually renew a Public Health Certificate of Operation for a Restricted Food Service Transient Occupancy Establishment (Bed and Breakfast). TRUCKEE SANITARY DISTRICT: 16. Applicant shall meet all applicable requirements and pay all applicable fees for residential and commercial establishments. Prior to the operation of the bed and breakfast facility, the applicant shall provide verification to the Planning Division that said requirements and fees have been met and paid. TAHOE TRUCKEE SANITARY DISTRICT: 17. Applicant shall meet all applicable requirements and pay all applicable fees for the establishment of three (3) commercial units. Prior to operation of the bed and breakfast facility, the applicant shall provide verification to the Planning Division that said requirements and fees have been met and paid. RESPONSE IN OPPOSITION FOR: Public Hearing re: proposed B&B at 10064 SE River St. First of all, I am opposed to the fact that the Zoning Administration would "recommend to conditionally approve the Conditional Use Permit" without first holding this public hearing and without hearing the serious concerns from the surrounding property owners this will affect. My understanding is that part of this Bed and Breakfast ordinance was written and given to the current town council by the interim town council and the inception of the Town of Truckee. The Bocks were at that hearing protesting because the ordinance was to restrictive?? The town wanted the ordinance to make illegal operations legalized so that the town could collect the moneys for the bed tax. This sounds like the ordinance was past for the Bocks situation specifically, without any regard (except money) for the impact it would place on our neighborhood. Also, by stating in paragraph 1, page 2 (Background) that this residence has "historically' been maintained as a Bed and Breakfast" is to imply that this was, indeed, an acceptable thing to do in the eyes of Nevada County, prior to the incorporation of the Town of Truckee, but in fact, the Bocks KNOWINGLY operated an ILLEGAL Bed and Breakfast for the last 2 years (hardly 'historical' ) . And, even though it was stated in a letter from the Bocks, that they had ceased operation in March of 1993 , I would like to go on record to say that based on traffic, parking, and people coming and going from that residence during the winter of 1993/94, they were, in fact operating an illegal business at that time. What other promises or laws will be broken at the neighborhoods expense, without follow through enforcement?? Regarding the parking: Based on past history, the existing parking has proven inadequate and has blocked traffic from the end of the street from exiting. This was during winter months and our street is LOW on the priority list for plowing. This blocking of the street could prove to be dangerous during emergencies, for all residences. PLEASE, remember this is a dead end street. I am also concerned that we have complied with all of HPAC's requirements and gone thru every channel to develop our property legally. We have owned this property for over 11 years, and at the time of purchase we knew this was designated as a residential area. With this in mind, we have spent thousands of dollars in upgrading our home and property. Your staff report states that this project's "use WILL NOT detrimentally affect this residential character. " You are proposing a commercial business- How can this NOT affect a residential area?? With less than 50% of the development completed on the street, a B&B WILL change the complexion of this neighborhood and set a criteria for future projects. I am adamantly opposed to this project and use and I thank you for your time. Shelley McGinity 10084 SE River Street Truckee 9453 Meadowknoll Drive Dallas, TX 75243 August 1, 1994 Mr. Gavin Ball Community Development Department /to Town of Truckee 1.5 12030 Dormer Pass Road 406 Truckee, CA 96161 7.09,". GZ 12$ Fax No. (916) 582-7889 COR•r`f��`' + 1rea P Re: Application by Kent and Monica Bocks Dept to to operate a Bed and Brealcfast Facility at 10064 South East River Street APN 19-152-17 Dear Mr. Ball: My brother, Charles W. Wertz, and I are the Co-Personal Representatives of the Estate of Grace D. Robertson. The Estate of Grace D. Robertson is the owner of seven lots on South East River Street, identified as APN 19-152-18, 19-152-31, 19-152- 32, 19-152-33, 19-152-34, 19-152-35, and 19-152-36. One lot (19-152-18) is next door to the proposed Bed and Breakfast facility. The other six lots are across the street. Mrs. Robertson at one time owned much of the property on South East River Street and had done considerable work to make it possible for development of the entire block to be a unique and high-quality residential community. We write to oppose and to object to the proposal by Kent and Monica Bocks to operate a Bed and Breakfast facility in their home at 10064 South East River Street. We believe that for them to do so would violate the Covenants and Restrictions contained in the enclosed Declaration of Tract Restrictions and recorded by the Nevada County Recorder's Office on July 10, 1987, as Document No. 87-24473. Mrs. Robertson, who filed the Declaration of Tract Restrictions on that date, was the owner of the property which included the lots later purchased by Kent and Monica Bocks. The Bocks home occupies portions of what was then known as lots Q and R of APN 19-152-04. The Residential Covenants contained in the 1987 document declare that no lot may be used "except for residential purposes" and that only a single-family dwelling may be built. The Covenants also say that "no...offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood." The Covenants further state that "no sign of any kind shall be displayed to the public view on any lot..." We believe that the operation of a Bed and Breakfast facility violates the intended residential nature of the neighborhood and that it could very well become a "nuisance" because of the congestion caused by the guests and their automobiles. We would also object to a sign advertising the business. We are in the process of preparing all of the lots owned by the Estate for sale and future development. We have developed plans to install a new sewer line and have requested permission to demolish the two structures which are on the lots across the street from the Bocks property. We believe that Mrs. Robertson intended for the area to develop as a unique Victorian residential community, and we intend to do all that we can do to fulfill her wishes and plans. We believe that it is important to keep the Covenants and Restrictions in force in order to encourage and facilitate the development of the residential community which was envisioned. The Covenants and Restrictions are to remain in effect until at least 1997 and are to be extended another ten years until 2007 unless a majority of the 1997 owners agree to a change. When Kent and Monica Bocks purchased their property from Mrs. Robertson they were made fully aware of the Covenants and Restrictions because they had been recorded in 1987. We hope that the Zoning Administrator will not give them a Conditional Use Permit to operate their proposed business in violation of the 1987 Covenants and Restrictions. Our representative at the hearing scheduled for August 3, 1994, will be our attorney, Lynne K. Jones of Woodburn and Wedge in Reno. Her telephone number is (702) 688-3000. Please grant her the opportunity to speak on our behalf at the hearing. If you need to contact me, you may call (214) 340-6362 or send a fax message to (214) 824-8726. Cordially, ^ /� Cw Wer�i QLU� ti Helen Jane Wertz Quigley a cc: Charles W. Wertz Lynne K. Jones Stan Kibbe • { HITCH KLUUKULU RLIUKII IU: • REM/ M/ii" ' Grace D.. Robertson i4�r �� OFFICIAL•RECGI:, P.O. Box 88 � ' 244'73 REQUESTED 8Y • Truckee, Ca, 95734 : •/'11 07, i;y^4 •• r on INTER-COUNTY TITLE CO.-_ • co,,arna ";;•is,. '• `.: •.• W 1981 AUG 28 1111 9 00 DECLARATION OF TRACT RESTR?L'fl'bNSNIDEPf' ;iUOE C. BOLli1GER NEVADA COUNTY r PART A. RECORDER 7I jJ N�j,9,. Grace D. Robertson hereby declares she is the owner of Lots/0, P, Q, • R, S and T of that certain real property having Assessor's Parcel No. 19-152-04, County of Nevada, State of California, the vesting document of which is recorded in Official Records, Document No. 82-12252, Nevada County Recorder's Office, . Owner does hereby declare all of said property is, and any conveyance of all or any part thereof shall be, subject to the following restrictions: PART B. • 6-1 GENERAL PURPOSES OF RESTRICTIONS. The real ' prpper.ty. affected hereby is subject to the conditions, restrictions and charges herein contained to • provide a settlement, connounity or neighborhood of persons who will provide a high type and quality of improvements on said property, which is to be used for • residential purposes only, and for the preservation of values and for the benefit of each and every part of said property. • 6.2 FULLY PROTECTED RESIDENTIAL AREA. Every residential area covenant set forth in Part C shall apply to all numbered lots, PART C. RESIDENTIAL AREA COVENANTS. C-1 LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, placed or permitted to remain on any ' lot other than one detached single-family dwelling of at least 700 square feet if one story and 1400 square feet for a two story building, exclusive of open . porches and garages, except for Cottage homes with a square footage of 670 feet. No lot shall have larger than a two car garage, • C-2 ARCHITECTURAL CONTROL. • (a) No building shall be erected, placed or altered in any way unless the same shall be of Victorian style and until the constructions plans • • and specifications and a plan showing the location, quality of materials • to be used, harmony of external design with existing structures, and • as to location with respect to topography and finish grade elevation, . shall have been approved by the Architectural Control Committee as . provided in Part D-4 herein and by the Historical Preservation Advisory Committee, if applicable. (b) No structure, not including ground floor decks, shall extend • Northerly more than seventy (70) feet from the most northerly portion • of South River Street, which is located along the southerly boundary of each lot. No roof nor side awning shall be erected or installed which shall obstruct the view in any direction of the occupant of the adjacent lot. C-3DWELLING COST, 9UALITY AND SIZE. No'dwelling shall be permitted on • any lot at a cost, not including total(-fees necessarily payable to all governmental • agencies as a prerequisite to a valid building and/or occupancy permit, less than $45,000.00 based upon cost levels prevailing oni:the date these-covenants are •recorded, it being the intention and purpose of the covenant to assure that all • • dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can, be produced on the date these covenants are recorded at the minimum cost stated therein for minimum permitted dwelling size. -1- . . u i ,G'Lil'/;l • C-4. • BUILDING LOCATION. Except as otherwise provided herein, placements shall coliform with existing building restrictions of Nevada Cdunty in front, rear and side set backs from property lines. Location shall also be controlled by the suitability of the proposed building or structure and the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony • • thereof with the surroundings, and the effect of the building or other structure as planned on the outlook from the adjacent neighboring property. • C-5. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved. C-6. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C-7. TEMPORARY STRUCTURES. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or any outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. All construction started on any lot shall be completed with two (2) years. • C-8. LIVESTOCK. No animals, livestock or poultry of any'kind shall be raised; ' bred or kept on any lot, exept that dogs, cats or other household pets may be kept provided they are controlled within a confined space and are not a nuisance to the neighborhood; and provided that they are not kept, bred or maintained for any commercial purposes. C-9. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one sign of not more that four square feet advertising the property for sale or rent. PART D. • • 0-1. TERM. These covenants are to run with the land and shall be binding on all persons claiming under them for a period.of ten (10) years from the date ' these covenants are recorded, after which time said covenants shall automatically be extended for a successive period of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants! in whole or in part. D-2. ENFORCEMENT. Enforcement shall be proceedings at law or the equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. D-3. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remian in full force 'and effect. • 0-4. The Architectural Control Connitte shall consist of a majority of owners of said lots. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority toZdesignate a successor. No member or designated representative shall be entitled to any compensation for •• services performed pursuant to this covenant. IN WITNESS WHEREOF, the Owner of said property has set her signature this day of , 1987. • • Gr ce U. Robertson atter: .rf STATE OF CALIFORNIA ) n!!7-I.1. S7F1')PIG •SS. 1v...p FWU(:.DLII OIUIN . �i .� • wFUtnn COUNTY COUNTY OF NEVADA ) [� 1 • n 7� My Comip'ss' ppiles Dee.OB. 17Ni 1 On this /p /'iL day of 9.� , 1987, before me the undersigned Notary Public in and. for said County and State, personally appeared Grace D. Robertson, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and who acknowledged to me that she executed the same. WITNESS my hand landlofficial seal • GARY & GEORGIA SHRADER 512 WESTRIDGE DRIVE SAN JOSE, CA. 95117-1153 TOWN OF TRUCKEE JULY 18, 1994 PLANNING DIVISION GAVIN BALL, PROJECT PLANNER 12030 DONNER PASS ROAD, SUITE 6 TRUCKEE, CA. 96161 RE: AUGUST 3, 1994 ( 2: 00PM) KENT & MONICA ROCKS BED & BREAKFAST FACILITY DEAR MR. BALL: WE LIKE THE BOCKS ' , THEY 'RE OUR NEXT DOOR NEIGHBORS AND WE CONSIDER THEM GOOD FRIENDS. WE HAVE TWO CONCERNS ABOUT A BED AND BREAKFAST IN THE NEIGHBORHOOD. THE FIRST CONCERN IS THE PRECEDENT IT MAY SET. WE WOULDN 'T WANT ANY MORE B & B ' S IN THE NEIGHBORHOOD, IF THEY ARE APPROVED. IF THE TOWN OF TRUCKEE CAN GUARANTEE TO US IN WRITING THAT THERE WILL BE NO MORE B & B ' S ALLOWED ON EAST SOUTH RIVER STREET I SEE NO OBJECTION IN A QUIET, 6 PERSON MAXIMUM FACILITY. THE SECOND CONCERN IS PARKING. WE DON 'T WANT B & B CUSTOMERS USING OUR DRIVEWAY WHEN WE 'RE NOT IN TOWN. WE PAY $ 400 . PLUS A SEASON TO SNOW PLOW THE DRIVEWAY SO THAT IT ' S CLEAR WHEN WE COME TO TRUCKEE. CORDIALLY, 5^ RY & GE SHRADER 10060 EAST SOUTH RIVER STREET TRUCKEE, CA. 96160 R MEWED J U L 2 1 1994 TOWN OF TRUCKEE COMMUNITY DEVELOPMENT DEPT. at %iAdmin 5+(6cior frankit 7:JY‘IR V,tr401)354/ Tr-posed r5S11 5 . P--fiver . -- e I . 61ACiS-1-a-rgepo-)4 nceir r & },\D.1 , of o Yn S lopl - �-i�l ocisfi cr 10 / I Ko + (0 res-1-3 . 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' c� h p055i �7)k . . . i Town of Truckee California ORDINANCE NO. 94-8 AN ORDINANCE OF THE TOWN OF TRUCKEE PROVIDING FOR THE ESTABLISHMENT FSTABUSHMENT OF BED AN)BREAKFAST INNS WITHIN THE VARIOUS ZONES COMPRISING THE TOWN OF TRUCKEE The Town Council of the Town of Truckee Does fdoin as Follows: Section 1. Chapter II, Article 2, Section L-II 2.2 Definitions of the Land Use and Development Code is modified by adding the following definition under the "B" section. 8. BED AND BREAKFAST II\'N. An owner and/or manager occupied dwelling that provides guest rooms without individual kitchens, for temporary sleeping and living accomodations available to the public for hire on an overnight or limited-term basis. Such use may also include meal service, limited to registered guests only. Bed and Breakfast Inns are distinguished from Boarding Houses by virtue of the fact that residency in a bed and breakfast is restricted to 31 or less continuous days. Section 2. Chapter II, Article 3, Section L-lI 3.48 "Bed and Breakfast Inns" is added to the Land Use and Development Code as follows: 3.48 Bed and Breakfast Inns: Bed and Breakfast Inns shall be approved subject to a valid site plan or Conditional Use Permit as required by the base zone. (a) The Bed and Breakfast Inn shall be the principal residence of the Bed and Breakfast owner or manager. (b) Service shall be limited to the rental of rooms or suites and the provision of meals for registered guest only. (c) Guest rooms available for hire are limited to a maximum of three(3)rooms in the Single Family Residential (R1) district and six(6) rooms in multiple family or commercial and recreation zones. (d) Guest rooms shall not contain food preparation facilities. (e) One sign shall be permitted with a maximum of six square feet in size. Design, location and lighting of signage shall be reviewed during the Site Plan or Conditional Use Permit process for compatibility with the architecture of the inn and the neighborhood. (f) All access to rooms shall be from within the inn. (g) Bed and Breakfast uses shall be subject to transient occupancy tax and shall maintain guest registers to insure accurate occupancy records. (h) Off-street parking shall be provided at a ratio of one (1) space per guest room plus two (2) for the manager/owners of the dwelling. Parking shall be located to the extent possible out of the required front and side yard building setbacks. (i) Within bed & breakfast uses, alcohol consumption shall be limited to registered guests and shall be subject to any State of California Alcohol Beverage Commission requirements. Section 3. Amendments to Land Use Code. The Land Use and Development Code of Nevada County as adopted by the Town of Truckee is amended by adding bed & breakfast use as follows: (a) Al General Agriculture Zone, Sec. L-H 5.5 Conditional Uses: GG. Bed and Breakfast Inns in compliance with Sec. L-II 3.48 (b) RA Residential Agricultural Zone, Sec. L-II 7.5, Conditional Uses: X Bed and Breakfast Inns in compliance with Sec. L-II 3.48 (c) RI Single Family Residential, Sec. L-II 8.5, Conditional Uses: L. Bed and Breakfast Inns in compliance with Sec. L-II 3.48 (d) R2 Multiple Family Residential, Sec. L-II 9.5, Conditional Uses: G. Bed and Breakfast Inns in compliance with Sec. L-H 3.48 (e) R3 Medium Density Multiple Family Residential, Sec. L-H 10.5, Conditional Uses: G. Bed and Breakfast Inns in compliance with Sec. L-II 3.48 (f) OP Office and Professional, Sec. L-H 11.2, Permitted Uses: S. Bed and Breakfast Inns in compliance with Sec. L-II 3.48 (g) CH Highway Commercial, Sec. L-II 14.2, permitted Uses: V. Bed and Breakfast Inns in compliance with Sec. L-H 3.48 (h) Cl "Neighborhood Commercial," Sec. L-II 12.3 Conditional Uses O. Bed and Breakfast Inns in compliance with Section L-II 3.48 (i) C2 "Community Commercial" Sec. L-II 13.2 Permitted Uses AA. Bed and Breakfast Inns in compliance with Section L-II 3.48 Section 4. Repeal. Any and all provisions of the County Code of the County of Nevada in conflict with Title 10 of the Truckee Municipal Code as herein enacted, is hereby repealed as incorporated by reference by the Town of Truckee. Section 5. ED5timg. With fifteen (15) days after final adoption of this Ordinance, the Town Clerk shall have it posted in the three (3) public places designated by resolution of the Council. The foregoing ordinance was introduced at a regular meeting of the Council of the Town of Truckee, held on the 7th day of April 1994, by Council Member Aguera, who moved its introduction, which motion being duly seconded by Council Member Cross, was upon roll call carried by the following vote. AYES: Council Members Aguera, Botto, Carpenter, Cross & Mayor Eagan NOES: None ABSENT: None Kathleen Eagan, Mayor A • • Step L. right, Tdw.. eager/Clerk The foregoing ordinance having been introduced on 7th April, 1994 and coming on for final consideration at a regular meeting of the Council of the Town of Truckee, held on 21st day of April, 1994, by Council Member Aguera who moved its adoption, which motion being duly seconded by Council Member Carpenter, was upon roll call carried and the ordinance fmally adopted by the following vote: AYES: Council Members Aguera, Botto, Carpenter, Cross & Mayor Eagan NOES: ABSENT:• /G Kathleen Eagan, Mayor ATTEST: - IOW Stephent. Wright, To'n lerk 7a TOWN OPTIWT �F]/ MEMORANDUM DATE: October 20, 1994 TO: Honorable Mayor and Town Council FROM: Stephen L. Wright, Town Manager SUBJECT: Public Hearing to consider appeal of Zoning Administrator's approval of conditional use Permit 94-066; Kent and Marcia Bocks. AGENDA I 1'hM: 7, oo APPROVED BY S 1'EPHEN L. WRIGHT, MG' No new information, please see attached from Council meeting September 15, 1994. 7, (72- TOWN roan OF �. Tn isTE d . )ll8 ,. MEMORANDUM • DATE: September 15, 1994 TO: Honorable Mayor and Town Council FROIv Tony Lashbrook, Community Development Director SUBJECT: Public Hearing to consider appeal of Zoning Administrator's Approval of Conditional Use Permit 94-066; Kent & Marcia Bocks, applicants/Lynne Jones, esq. representing the estate of Grace Robertson, Appellant AGENDA ITEM: 7 gl APPROVED BY STEPHEN L. WRIGHT, MGR. STAFF RECOMMENDATION: Uphold the decision of the Zoning Administrator approving the Conditional Use Permit for the Bed and Breakfast with conditions. BACKGROUND: The Town of Truckee modified the Development Code in April of 1994 to allow for the consideration of Bed and Breakfast Inns in residential zones through the Conditional Use Permit process (Ord. 94-8). The Bock's established a Bed and Breakfast establishment in their single family residence sometime after it's completion in 1992. Such a use was not allowed by the Nevada County Code or the initial Town of Truckee Development Code and was ordered to cease operation. In May of this year, the Bocks submitted a Conditional Use Permit application to the Town to allow the establishment of a Bed and Breakfast allowing the short term rental of three bedrooms within an existing five-bedroom, single-family dwelling. A public hearing on the Use Permit was held by the Truckee Zoning Administrator on August 3, 1994. The Zoning Administrator acted to approve the application with conditions. The appeal has been filed by a neighboring property owner. The appellant is requesting that the Town Council reverse the finding of the Zoning Administrator and deny the Use Permit. BASIS OF THE APPEAL: The appellant's attorney has submitted a substantial report in support of their appeal. The document is attached to the Staff Report package and incorporated by reference. A summary of the issues raised is provided for reference: 1. A Bed and Breakfast is contrary to historical residential character. Staff Report/Bocks Appeal September 14, 1994 Page 2 2. The value of the appellant's property may be adversely affected by the operation. of the Bed and Breakfast in the neighborhood. 3. The Town applied the residential parking area standards inappropriately and should have applied the commercial standards (prohibiting backing into the right of way). 4. Establishing an "office" on the lower floor is contrary to residential use. 5. Possible mandates to comply with handicapped accessibility requirements will significantly change the historical look of the house. 6. The site is inadequate in size to provide adequate parking and snow storage. 7. The operation of a Bed and Breakfast directly conflicts with the private deed restrictions recorded on the property. 8. The proposed Bed and Breakfast may result in trespass and increased vehicular and foot traffic within the neighborhood creating the potential for nuisance andlor safety impacts. 9. The Bocks have previously dumped snow on property of the appellants. BED AND BREAKFAST ORDINANCE REQUIREMENTS - The ordinance establishes standards applicable to Bed and Breakfast establishments. A summary of the standards and a statement regarding the status of the Bock's application is provided for the Council's information. • The Bed and Breakfast shall be the principal residence of the owner/manager. The Bocks live in the proposed Bed and Breakfast • Services shall be limited to renting rooms and feeding registered guests only. The subject Bed and Breakfast complies with these limitations. • Guest rooms are limited to three rooms in R-1 and six rooms in multi-family (R-2, R-3) or Commercial zones. The subject Bed and Breakfast is located in the R-2 zone and proposes a maximum of three rooms for guest rental. • Guest rooms shall not contain food preparation facilities. The subject Bed and Breakfast complies with the requirement. Staff Report/Bocks Appeal September 14, 1994 Page 3 DISCUSSION: This section provides an overview of the project relative to established town requirements. • Bed and Breakfasts shall be allowed one sign with a maximum size of 6 square feet. The Bocks did not propose the installation of any signs. The Use Permit conditions prohibit the installation of any signs. • All access to rooms shall be from within the Bed and Breakfast. The subject Bed and Breakfast complies. • Off-street parking shall be provided at a ratio of 1 space per guest room plus 2 spaces for the managers. Parking shall be located to the extent possible out of the front or side yard setbacks. The existing parking area in front of the Bocks' residence provides adequate area to accommodate the required 5 parking spaces. Based upon the size of the house and it's configuration on the lot, it is not possible to provide parking in the rear. USE PERMIT FINDINGS: The Development Code requires that specific findings be made prior to approval of a Use Permit. The following is a summary of those findings: • That the project site is adequate in size and shape to accommodate the proposed use, parking, landscaping and other requirements. The project was constructed as a single family residence in the configuration that it currently exists. The existing residence and parking area will accommodate the Bed and Breakfast without physical alteration. The conditions of approval require delineation of an adequate snow storage area and HPAC review of the landscaping. HPAC reviewed the landscape plan at their meeting of 8/23/94 and recommended re-approval of the plan originally approved in 1992. • That the site is located on streets adequate to handle the traffic generated by the use. The project site is located adjacent to South East River Street, a two lane paved Town Road. Traffic levels on the street are low and are not expected to increase to a level that could create safety or level of service concerns. The operation of a Bed and Breakfast will result in an increase in traffic, however, the Planning and Public Works staff determined that the increase would not be significant. • Staff ReportMocks Appeal Septeml5er 14, 1994 Page 4 • The use will not have a significant adverse effect on abutting property. This is a difficult issue to quantify. There will be no physical alterations to the exterior of the site, including no sign and no change to the parking area. There will be additional cars parked within the parking spaces which will have an impact on the outward appearance of the site. It is the experience of the Planning Staff that operation of Bed and Breakfast Inns in historic residential neighborhoods generally increase the economic vitality of such areas. • That adequate public services are available to serve the project. The existing residence is served by community water and sewer system and the Truckee Fire Protection District. These districts have indicated that they have adequate capacity to serve the use. The review of the Use Permit relative to the above code requirements addresses many of the items raised in the appeal. The issue of conflict with private deed restrictions was raised by the appellant, however, the Town has no authority to enforce such restrictions, particularly when they conflict with zoning regulations. CONCLUSION: In the opinion of staff, the Zoning Administrator was put in a position of making a policy decision regarding the newly adopted Bed and Breakfast Ordinance. At issue is whether or not Bed and Breakfast Inns will be allowed within residential structures in the historic downtown area when there are objections from residents of the neighborhood. Planning Commission and Town Council recently enacted this ordinance providing the apparent direction that such uses are desirable if all requirements are met. The Town Council should carefully consider this issue as the decision on the appeal will provide policy direction. The only other non-standard situation involved in this application is the parking configuration. This raises a policy issue as well. After careful review, the staff recommended allowing the existing parking configuration with vehicles backing into South East River Street. This decision was made after analyzing traffic volumes and potential traffic impacts and the appropriateness of developing a parking lot situation for a single family residence used as a Bed and Breakfast. Generally, requiring a parking lot configuration would have a greater tendency to modify the residential appearance of a neighborhood and result in visual inconsistency. ATTACHMENTS: 1. Statement of appeal. 2. Approval letter with final conditions as approved by Zoning Administrator. 3. Staff Report package considered by zoning Administrator including letters of objection. 4. Bed and Breakfast Ordinance. TL:sm APPEAL REOUFST 94-066/CUP 19-152-17 Case Number of Project being Appealed: Tyoe of Case: ❑ Tract Map ❑ Planned Development ❑ Hillside Plan Review ❑• Parcel Map ❑ Planning Use Permit ❑ Development Code ❑ Variance Conditional Use Permit Amendment ❑ Zone Change 0 Slte Plan ❑ Other • I/we hereby appeal the action taken on this project as follows: p.�oJs.c2 Description • 1. Detail what Is being appealed and whataction or changes you seek. Specifically address the findings, mitigation measures, conditions and/or policies with which you disagree. Attach additional pages If necessary. See Attached - Exhibit A - Item 1 • 2. State why you are appealing - be specific. Reference any errors or omissions, Attach any supporting documentation, See Attached - Exhibit A - Item 2 • 3. Please provide a summation of your arguments In favor of the appeal. See Attached - Exhibit A - Item 3 I/we certify that I/we are the: X Legqal owner(s)fiduciairieAuthorized Legal Agent(s) Other Interested Persons 'WpUUBICKN AND WEDGE__ ---- Lynne K. Jones Name: W00DBURN and WEDGE Sig tu-ie of Appellaat(s-V Attorneys 'for Helen Jane Wertz Quigley and Address: Post Office Box 2311 Charles w'. Wertz J Co-executors ord the state o Grace ]5. Ko'oertson, decease Reno, Nevada 89505 Date: ,4/i5%i'c-i Date Accepted by Town: 8A 5 q Telephone: (702) 688-3000 FORMSVKP?G.L Attorneys for Helen Jane Wertz Quigley and Charles W. Wertz, Jr. , Co-executors of the Estate of Grace D. Robertson, deceased Community Development Department, 12030 Donner Pass Road, Truckee, California 96161