Walla Walla County Community Development Department

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1 Walla Walla County Community Development Department 30 W. Poplar Street, Suite 200, Walla Walla, WA / Main Date: August, 20 To: Planning Commission From: Tom Glover, Director Lauren Prentice, Principal Planner E: Bed and Breakfast egulations Background In early 20 the Planning Commission discussed the County s regulations for bed and breakfast guesthouses. This discussion was initiated by Planning Commissioner Bruce McCaw. Some of the members were concerned that the County Code provisions regulating bed and breakfast operations may be too lenient, particularly in agricultural zoning districts. At the March 20 meeting the Planning Commission voted -2 to forward the proposed changes to the Board of County Commissioners with a recommendation that the Board consider the changes as a County-sponsored amendment. In July 20 the Board decided to accept the Planning Commission s recommendation and move this forward as a County-sponsored amendment, outside of the regular docketing process. Due to the breakup of the Walla Walla Joint Community Development Agency, and workload since then, this was put on hold. The next step is to finalize a set of draft amendments and proceed with the preparation of SEPA documents and the public/agency review process. The goal for this workshop meeting is to revisit the last draft and determine whether the Planning Commission wants to make any additional changes to the draft amendments before the process moves forward. Attachments. Memorandum from Jesse Nolte, Deputy Prosecuting Attorney, dated 0// 2. Draft amendments to WWCC and Current egulations and Possible Amendments The County s regulations for bed and breakfasts are located in the definitions section of Title 7, in Walla Walla County Code (WWCC) There are currently three types of bed and breakfasts, each with different standards. Not all three types are allowed in all of the County s zoning districts, and there are different levels of review for some of the types depending on where they re located. These conditions are provided in WWCC 7.6.0, Permitted Uses. Type I bed and breakfast ( A) traditional bed and breakfast, located within a primary residence. Permitted outright in all of the zoning districts where it is allowed. Type II bed and breakfast ( B) bed and breakfast guesthouses with lodging units located in detached accessory buildings. There is no limit on the number of accessory buildings. Permitted by conditional use permit in the zoning districts where it is allowed. Type III bed and breakfast ( C) same as Type I with lodging units located within the primary residence, but can also provide full dining services for up to 2 guests at a time. This type is only allowed in the Primary Agriculture 0 (PA-0) district and a conditional use permit is required. / commdev@co.walla-walla.wa.us

2 The attached draft amendments represent the most recent version of the changes that were discussed last by the Planning Commission in March of last year. Here is a summary of those changes:. In , clarify and add reference to accessory buildings. 2. In (A), change reference from lodging units to guest rooms. emove reference to dwelling units. 3. In (C), clarify that Type III Bed and Breakfasts can have full food service.. In B, the Type II Bed and Breakfast definition, to clarify that a Type II operation can utilize one or more accessory buildings. This is consistent with the interpretation of the current regulations by staff and the Hearing Examiner.. In 7.6.0, the Permitted Uses table, add a new footnote (#8) that will limit Type II Bed and Breakfast operations to only three residential buildings in all of the agricultural zoning districts where these facilities are allowed (Primary Agriculture 0, General Agriculture 20, Agriculture esidential 0). Also would add language that would render uninhabitable an accessory building containing guestrooms if the guestrooms were utilized for longer than 30 days, which is the limit in WWCC (A) for stays at all bed and breakfasts. Other options that were discussed by the Planning Commission in 20 included the items listed below. No consensus was reached by the Planning Commission on these issues.. Adding a maximum square footage limit. 2. estricting each guestroom/lodging unit to only one bed, or some similar occupancy restriction. 3. Allowing bed and breakfasts to be located only on conforming lots (i.e. within the PA-0 zoning district, only lots that are larger than 0 acres would be eligible). / commdev@co.walla-walla.wa.us

3 Memo To: Board of County Commissioners e: Bed and Breakfast Changes From: Jesse Nolte, Deputy Prosecuting Attorney Date: April, 20 CC: Tom Glover, Steve Donovan, Bill Stalzer Last fall, at the request of Planning Commissioner Bruce McCaw, the Planning Commission undertook a discussion regarding bed and breakfast guesthouses. Some of the Planning Commission members were concerned that the current County Code provisions regulating bed and breakfasts may be too lenient, particularly in agricultural zones. Generally, some of the Commission members were concerned that allowing a bed and breakfast establishment to have multiple accessory buildings that housed lodging units or guestrooms would be inconsistent with the character of agricultural areas. Under the current Code, Type II bed and breakfasts can utilize accessory buildings for guest rooms. Currently, the Code allows for up to 0 lodging units, but does not restrict the number of separate accessory buildings that could house a lodging unit. Therefore, under the current Code, a bed and breakfast could conceivably have up to 0 separate accessory buildings, each housing one lodging unit or guestroom. Steve Donovan of the WWJCDA stated that there are two Type II Bed and breakfasts with multiple accessory units permitted in the County, and neither have 0 accessory units. (These accessory units are in the shape of cabins.) The Walla County Code s regulations regarding bed and breakfasts are located in the definitions section of the zoning code at , A (bed and breakfast type I), B (bed and breakfast type II), and C (bed and breakfasts type III.) Additionally, the permitted uses table, at Chapter 7.6, regulates the type of approval required for a Type I, II, or III bed and breakfast. Each bed and breakfast type has different standards, and each is permitted differently in the Code s permitted uses table in Walla Walla County Code Chapter 7.6. Type I bed and breakfasts are bed breakfasts that are located in a primary dwelling unit (a traditional style bed and breakfast). This type of bed and breakfast is allowed as an outright permitted use in all of the zoning districts in which it is allowed. A type II bed and breakfast is a bed and breakfast that is located in an accessory building. Planning Staff and the Hearing Examiner have concluded that the use of the word an in the definition does not restrict the number of accessory buildings

4 to one. Type II Bed and Breakfasts are allowed by a conditional use permit in the zoning districts in which they are allowed. Type III bed and breakfasts are bed and breakfasts located in a primary dwelling unit that have full dining services for up to 2 guests at a time. This type is only allowed in the Primary Agricultural 0 acre zone, and must have conditional use permit. I supplied the Planning Commission with samples of other city and county codes in October, and the matter was discussed at the January, February and March meetings. Based on the discussion at the January meeting, I supplied proposed code modifications to the Planning Commission, which were discussed and modified at the February and March meetings. At the March meeting additional changes were proposed, and the Commissioners voted -2 to forward the proposed changes to the Board of County Commissioners to request that the Board consider the changes as a county-sponsored amendment. The Planning Commission discussed whether the proposed changes should address a total square footage limit for Bed and Breakfasts in agricultural zones, but there was no consensus reached. The dissenting votes were made, I believe, on the basis that the square-footage limit should be imposed. The Planning Commission and the Board will have the opportunity to propose such a square footage limit, or other restrictions, during additional review process if this does go forward as a County sponsored amendment. The attached document represents the most recent version of the changes discussed and made at the March meeting. The changes are summarized as follows:. In , the first sentence of the definition was modified for clarification and a reference to accessory buildings was added. 2. In subsection (A), the definition was modified to refer to guest rooms rather than lodging units. Guest rooms was a term that was utilized in other county codes. eferences to dwelling units were deleted in that section at (C). Both of those terms seemed to create confusion. 3. One clause was added at the beginning of the food-service section, subsection (C) to be consistent that the Type III Bed & Breakfasts can have full food service. This is also consistent with WWCC , which states that: For the purpose of this title, certain terms or words used in this title are defined as set out in this chapter.... the singular number includes the plural... 2

5 . The Type II Bed and Breakfast definition, at B, was modified to state that a Type II is a Bed and Breakfast that is located in or utilizes one or more accessory buildings. This change was made to clarify that a Bed and Breakfast Type II could utilize more than one accessory building, which has been the interpretation of Planning Staff and the Hearing Examiner.. In order to specifically address the concerns regarding Bed and Breakfasts in agricultural areas, a new footnote, footnote 8, was added in the three agricultural zones for Type II Bed and Breakfasts in the Permitted Uses Table. This footnote would only be effective in the agricultural zones of Primary Agriculture 0, General Agriculture 20 and Agricultural esidential 0. The footnote would restrict Type II Bed and Breakfast establishments in those zones to three total residential structures. Also, language was added that would require an accessory building containing guestrooms to be rendered uninhabitable if the guestrooms were utilized for longer than 30 days. (WWCC A, in the definitions section, restricts stays to 30 days.) Other options that were discussed by the Planning Commission, but for which no consensus was reached were:. Adding a square footage limitation. 2. Allowing each guest room to only have one bed, or similar occupancy restrictions. 3. equiring bed and breakfasts to be located only on conforming lots (i.e., within a PA 0 zone, only lots with 0 acres would be allowed to have bed and breakfasts). It appears to me that some of the proposed revisions will add some clarity. They will also result in some tightening up of the bed and breakfast regulations for newly proposed Type II Bed and Breakfasts in the agricultural areas. Whether the current bed and breakfast code is too strict or not strict enough is a policy decision for the Planning Commission and for the Board, not for this Office. In addition, we are currently awaiting the Superior Court s decision on the Land Use Petition that was filed by opponents to the Wilder Bed and Breakfast Conditional Use Permit. Depending on how the Court rules, there may need to be additional discussions regarding possible legislative changes. The case was argued a month ago; I would expect that decision to be issued within the next two months. 3

6 The next step is for the Board to determine whether these proposed amendments should proceed as a County-sponsored amendment. If the Board thinks these proposed amendments are worthwhile, the amendments would proceed as County-sponsored code amendments outside of the docketing process, which is allowed by WWCC (The docketing application for the standard docket has already passed, but placing this amendment on the Preliminary docket would seem unnecessary, since the Planning Commission has already recommended it to the Board, and the Board would need to sign off on the application for it to go forward as a Countysponsored amendment.) The County would have to pay the WWJCDA fees for a zoning code amendment and SEPA. After the application is made, public hearings would need to be held at the Planning Commission and Board of County Commissioner levels. Additionally, (as we have done on other legislative land use issues) I ask that should this matter proceed forward, it would need to be moved forward by some entity other than the Prosecuting Attorney s Office. Our Office s duties are set by statute (CW ) and while we are the legal advisor for the County, we cannot be the planning entity for the County. The Board will either need to request that a planning consultant move this project forward (either Mr. Stalzer or another contractor), or request that the WWJCDA staff move this project forward, after seeking approval from the City of Walla Walla under Clause 8.3 of the interlocal agreement Exceptions to the once a year limitation. In addition to the amendment process set forth in this chapter, the board of county commissioners may amend development regulations more often than once a year as provided in ch or as determined by a majority vote of the board of county commissioners to be in the long term interests of the county.

7 Attachment Bed and breakfast guesthouse. "Bed and breakfast guesthouse" means an establishment providing overnight accommodations and food services located in a primary dwelling unit or accessory building provided providing overnight accommodations and food services to transients for compensation or utilized by the owner or operator as short-term lodging for travelers and transient guests. A bed and breakfast guesthouse establishment is subject to the following conditions: A. Number of Guest ooms Lodging Units. A bed and breakfast guesthouse establishment shall not Not have more than ten guest rooms,lodging units will be present in any dwelling unit; travelers or transient guests may not stay longer than thirty days; B. Occupancy. Property owner or operator occupied; C. Parking. One off-street parking space must be provided for each guest room lodging unit in addition to the any other parking requirements for the use of the structure as a dwelling unit; D. Food Service. Except in the case of Type III bed and breakfasts, Oonly limited food service as permitted under Washington Administrative Code (W) Chapter 26-2, Food Service, may be provided. Food service is limited to overnight guests, or, in the case of Type III bed and breakfast guesthouses, 2 guests at a time; E. Signs. Signs associated with this use shall be limited to four square feet in size, except bed and breakfast establishments in a zone which allows signs larger than four square feet may have a larger sign, provided it is in compliance with the size standards for that district. Signs shall meet all setback requirements for the zone in which the bed and breakfast establishment is located. (Ord. No. 37, III(Exh. A, Pt. B), ; Ord. No. 397, Exh. A, I, ) A - Bed and breakfast guesthouse type I. "Bed and Breakfast guesthouse type I" means a bed and breakfast guesthouse located in a primary dwelling unit. (Ord. 269 (part), 2002; Ord. 32 (part), 200) (Ord. No. 37, III(Exh. A, Pt. B), ) B - Bed and breakfast guesthouse type II. Bed and breakfast guesthouse type II" means a bed and breakfast guesthouse located in or utilizing one or more an accessory building(s)(ord. 269 (part), 2002; Ord. 32 (part), 200) (Ord. No. 37, III(Exh. A, Pt. B), ) C - Bed and breakfast guesthouse type III. Bed and breakfast guesthouse type III means a bed and breakfast guesthouse located in a primary dwelling unit. This type III designation includes, as an approved nonagricultural accessory use, the option of dining service for up to 2 guests at a time. Bed and Breakfast type III guesthouses must: () meet all the applicable health and safety requirements of any required food service permit; (2) have no adverse effect upon the continued and compatible use of agricultural land either within or adjacent to the proposed property; and (3) meet the various requirements of W (3)(c)(iii)(B). (Ord. No. 397, Exh. A, II, )

8 Permitted uses table. esidential Land Uses Key; P = Permitted use C = Conditional use permit required = Administrative conditional use permit required * = Definition of this specific land use see Chapter 7.08 PA = Primary Agriculture EA = Exclusive Agriculture GA = General Agriculture A = Agriculture esidential = ural emote A = ural Agriculture MC- = ural esidential Mill Creek- = ural esidential -96 = Suburban esidential -72 = Single Family esidential -60 = Single Family esidential M = Multiple Family esidential D- = ural Development-esidential D-CI = ural Development- Commercial/Industrial FC = ural Farmworker Community = ural Activity Center Zone esource ural Urban esidential Misc.

9 Specific Use Dwelling Units PA - 0 EA G A- 20 A A- 0 A- M C- * One Family P P P P P P P P P P P P P P P P P * Two Family (duplex) M D- D- CI F C A C P6 P6 P6 P6 P6 P6 * Multi Family P C P * Townhouse P6 P6 P6 P P P * Mobile Home, single wide * Mobile Home, double wide * Manufactured Home * MOBILE/MANUFA CTUED HOME PAK GOUP ESIDENCES * Adult Family Home * Long Term Care Facility * Senior Citizen Asst. Housing TEMPOAY LODGING * Bed & Breakfast Type I * Bed & Breakfast Type II * Bed & Breakfast Type III P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P C C C C C C P P P P P P P P P P P P P P P P P C C C C P C P P P P P P P P P P P P P P P P C8 C8 C8 C C C C C C C C C C C C C

10 Zone esource ural Urban esidential Misc. PA - 0 EA G A- 20 A A- 0 A- M C- * Hotels/motels P Mobile/Manufactu red Home * Transient Labor Camps CESSOY USES * Accessory Dwelling Units - 2 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 * Accessory Use P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P 3 * Home Occupation Type I * Home Occupation Type II * Caretakers Quarters * Farmworker Dwellings P P P P P P P P P M P P P P P P D- P3 P D- CI F C A C P3 P3 P P = Permitted use Key C = Conditional use permit required = Administrative conditional use permit required * = Definition of this specific land use see Chapter 7.08 IA-M = Industrial Agriculture Mixed esidential Land Uses

11 IA-H = Industrial Agriculture Heavy HI = Heavy Industrial LI = Light Industrial I/BP = Industrial/Business Park NC = Neighborhood Commercial CG = General Commercial BC = Burbank Commercial B = Burbank esidential P = Public eserve Zone Industrial and Commercial Misc. IA-M IA-H HI LI I/BP NC CG BC B P SPECIFIC USE DWELLING UNITS * One Family P * Two Family (duplex) P6 * Multi Family P6 * Townhouse P6 * Mobile Home, single wide P * Mobile Home, double wide P * Manufactured Home P * Mobile/Manufactured Home Park C GOUP ESIDENCES * Adult Family Home P * Long Term Care Facility P P C * Senior Citizen Asst. Housing P P TEMPOAY LODGING * Bed and Breakfast Type I P * Bed and Breakfast Type II C * Bed and Breakfast Type III * Hotels/Motels P P P

12 Zone Industrial and Commercial Misc. IA-M IA-H HI LI I/BP NC CG BC B P * Mobile/Manufactured Home * Transient Labor Camps CESSOY USES * Accessory Dwelling Units P2 P2 * Accessory Use P3 P3 P3 P3 * Home Occupation Type I P P * Home Occupation Type II * Caretakers Quarters P P P P P * Farmworker Dwellings A. esidential Land Uses Development Conditions.. The temporary placement of mobile/manufactured homes only applies to situations where there exists a personal hardship related to the aged, infirm or to persons incapable of maintaining a separate residence, whereby it is necessary to have someone living on the same premises. The following provisions are also required: a. A signed doctor's statement indicating the need for care shall be submitted with the application; b. The permit shall be issued for a specific person(s) and for a period of one year, requiring annual review and renewal. No change in occupancy shall take place without review of the planning commission. The mobile/manufactured home shall be removed within ninety days after the original need has ceased; c. The county health department shall approve the provisions of water and sewer service to the temporary dwelling unit; d. Each granting does not constitute an approval to divide land. The location of a temporary dwelling unit on a parcel of land shall not be considered the creation of a separate dwelling site and the lot area, frontage and access requirements of the applicable zoning district shall not apply. 2. See the definition of accessory dwelling unit in ch An accessory use, structure or activity clearly incidental to the permitted use and which will not create a nuisance or hazard if permitted.. Proposed home occupations shall be subject to the review process and requirements described in sections and Farmworker dwellings to accommodate agriculture employees and their families employed by the owner of the premises are permitted, provided that only three accessory farmworker dwelling units are permitted on a lot in addition to the owner's single-family residence and that each lot has a minimum of twenty acres and; provided further that such housing facilities shall be considered accessory to the main dwelling and shall conform to the provisions of the district pertaining to required yards and open spaces for dwellings. Verification of half time or greater employment is required before issuance of building permit.

13 6. Only permitted within an approved Planned Unit Development. Increased density for twofamily dwellings (duplex) and townhouses is a recognized public benefit in the -96, -72, -60, D-, FC,, and B zoning districts. 7. Transient labor camps are permitted provided they meet the state's minimum health and safety requirements for temporary worker housing ( W Temporary Housing ules). 8. Any lot with a Type II bed and breakfast shall be limited to a total of three residential buildings, including the primary dwelling unit, any accessory building containing guest rooms or farmworker dwellings. Any conditional use permit for a Type II Bed and Breakfast shall include a condition requiring any accessory building containing guest rooms that is placed as part of a Type II Bed and Breakfast to be rendered uninhabitable if the accessory building containing guestrooms is utilized for stays of more than 30 days.