23.302.050 Bed and Breakfast Establishments in Residential Districts

23.302.050 Bed and Breakfast Establishments in Residential Districts.

1. The purpose of this section is to sanction the time-limited continued operation of bed and breakfast establishments (B&Bs) in residential districts that meet the requirements in this section.

2. This section is intended solely to alleviate the hardship that might occur if the owners of B&Bs were required to cease operation immediately, as would otherwise be required by the Zoning Ordinance.

3. The purpose of this section is not to permanently legalize such B&Bs.

1. Eligibility. B&Bs in operation in Berkeley as of December 13, 2003 are eligible for continued operation subject to this section if, and only so long as, they satisfy the following conditions:

(a) The B&B has been in consistent operation since January 1, 2003.

(b) The building or buildings of which the B&B consists are legally constructed and comply with all applicable building, fire and housing code requirements, or are brought into compliance with those requirements within a reasonable time, as determined by the City.

(d) There is no City record of complaints about the B&B within the three years before January 1, 2003.

2. Application. To be granted continued operation under this section, owners of eligible B&Bs must:

(a) Apply for continued operation no later than 90 days after November 13, 2003;

(b) Identify all owners and operators of the B&B; and

(c) Pay all transient occupancy and business license taxes, penalties and interest due and owing, as determined by the City Council.

C. Regulations. B&Bs that are allowed to continue in operation under Subsection B (Continued Operation) above shall comply with the following requirements.

1. The owner of the property on which the B&B is located must live there as their primary residence and must be the primary operator of the B&B.

2. No part of a B&B may be rented for social events or functions.

3. A B&B may not be expanded beyond the number of rooms or units in existence as of January 1, 2003.

4. Food service, if provided by the operator, may be provided only to paying guests.

5. A B&B shall comply with all applicable laws, ordinance and regulations concerning the preparation and service of food.

6. A B&B shall comply with all applicable disability access requirements.

7. A B&B shall pay all transient occupancy and business license taxes as they become due.

1. The City Manager or his/her designee shall make the determinations required by this section, and their decision shall be final.

2. The City Manager may give applicants under this section a reasonable period, but not to exceed six months, in which to bring the B&B into compliance with the requirements of Subsections B (Continued Operation) and C (Regulations).

1. Any continued operation allowed under this section does not constitute a permit and shall not run with the land, but is limited to the owner(s)/operator(s) thereof identified under Subsection B.2 (Application) and is subject to the requirements in this section.

2. A B&B sanctioned by this section shall be treated as a lawful nonconforming use, subject to automatic termination of the B&B use as provided in this section.

3. The owner shall file a deed restriction with the County Recorder, in a form approved by the City’s Zoning Officer, notifying purchasers of the effect of this section.

F. Future Regulations Applicable. By seeking and accepting continued operation under this section, and thereafter operating a B&B, owners of B&Bs expressly agree that they will be subject to any and all additional regulations that may be adopted by the City to permit and regulate new B&Bs, to the extent the City so requires.

G. Automatic Repeal. If the limitation of Subsection E (Status of B&B Uses Under This Section) above is declared unlawful or invalidated by any court of competent jurisdiction, this section shall be deemed automatically repealed, and all B&B uses sanctioned by it shall immediately terminate. (Ord. 7787-NS § 2 (Exh. A), 2021)