AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT CORRECTING/ AMENDING THE ZONING ORDINANCE REGARDING BED & BREAKFAST INN REGULATIONS

WHEREAS, City of Lakeport Municipal Code Section 17.24.110 B. sets forth the development standards and guidelines for bed and breakfast inns in residential and commercial zoning districts; and

WHEREAS, Section 17.24.110 B. 4. addresses the allowable number of guest bedrooms and overnight guests; and

WHEREAS, Section 17.24.110 B. 4. does not specify the maximum number of guest bedrooms allowed; and

WHEREAS, Section 17.24.110 B. 4. does not specify the maximum number of guests per guest bedroom; and

WHEREAS, Planning Commission Resolution No. 32 was adopted in 1986 and established many of the current development standards and guidelines for bed and breakfast inns and specifically indicated that the maximum number of guest bedrooms shall be five; and

WHEREAS, City of Lakeport Ordinance No. 732 was adopted in 1992 and established the current development standards and guidelines for bed and breakfast inns and specifically indicated that the maximum number of guest bedrooms shall be five; and

WHEREAS, the word “maximum” was mistakenly omitted from the text of City of Lakeport Ordinance No. 796 which was adopted in 1999 and comprehensively updated Title 17 of the Municipal Code; and

WHEREAS, the City Council has determined the existing bed and breakfast inn regulations are ambiguous regarding the maximum number of guests per guest bedroom; and

WHEREAS, the Lakeport City Council has considered and approved the proposed amendments to the Zoning Ordinance.

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1.

A. Subsection B. 4. of Section 17.24.110 (Use Permits) of Title 17 of the Lakeport Municipal Code is amended to read as follows:

4. The maximum number of guest bedrooms in a bed & breakfast inn shall be five with a maximum total of 20 overnight guests occupying the inn at any one time. No more than four overnight guests shall occupy a guest room. A greater number of guest bedrooms, and a higher number of maximum overnight guests occupying the inn at any one time, may be approved by the Planning Commission on a case-by-case basis taking into consideration parcel size, building design, floor plan layout, carrying capacity of the site, and impact on neighboring properties and the character of the neighborhood.

Section 2. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied.

Section 3. Effective Date.

This ordinance shall become effective 30 days after the date of adoption.

Section 4. Posting/Advertising.

The City Clerk shall cause this ordinance to be published and/or posted within fifteen days after its adoption.

This ordinance was introduced before the City Council of the City of Lakeport at a regular meeting thereof on the 15th day of July, 2008, by the following vote:

AYES: Council Members Parmentier, Rumfelt, and Bertsch, and Mayor Bruns

NOES: Council Member Irwin

ABSENT: None

ABSTAINING: None

This Ordinance was duly enacted by the City Council of the City of Lakeport at a regular meeting thereof on the 5th of August, 2008, by the following vote:

AYES: Council Members Parmentier, Rumfelt, and Bertsch, and Mayor Bruns

NOES: Council Member Irwin

ABSENT: None

ABSTAINING: None

___________________________________

WILLIS H. BRUNS, Mayor

ATTEST:

__________________________________

JANEL M. CHAPMAN, City Clerk

APPROVED AS TO FORM:

__________________________________

STEVEN J. BROOKES, City Attorney

ORDINANCE NO. 874 1 BED & BREAKFAST INNS

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