R 5149 RESOLUTION NO. 5149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING APPEAL CASE NO. 21-006
AND APPROVING PLOT PLAN REVIEW CASE NO. 21-033;
LOCATED AT 263-D SPRUCE STREET; APPLIED FOR BY
KEN STEITZ; APPEALED BY SHARON VALIENZI
WHEREAS, on June 10, 2014, the City Council adopted Ordinance No. 663, establishing
vacation rentals and homestays as permitted land uses in the City's residential zoning
districts, subject to the approval of a Minor Use Permit-Plot Plan Review in order to ensure
conformance with performance standards developed to protect the adjacent residential
neighborhoods in which these uses would be located; and
WHEREAS, on September 28, 2021, the applicant submitted an application for Plot Plan
Review No. 21-033 for the establishment of a vacation rental in an existing, three-bedroom
residence located at 263-D Spruce Street; and
WHEREAS, on October 28, 2021,the Community Development Director approved Plot Plan
Review No. 21-033 based upon the findings for approval of the permit; and
WHEREAS, notice of the Community Development Director's determination were mailed to
all property owners within 300' of the project site to alert them of the approved application
to establish the vacation rental; and
WHEREAS, on November 8, 2021, an appeal of the Community Development Director's
approval was filed with the Community Development Secretary by Sharon Valienzi, et al. in
accordance with Arroyo Grande Municipal Code Section 16.12.150; and
WHEREAS, the Planning Commission considered the appeal at a duly notice public hearing
on December 7, 2021 and adopted a Resolution denying the appeal and approving the
project; and
WHEREAS, on December 16, 2021, an appeal of the Planning Commission's approval was
filed with the City Clerk by Sharon Valienzi in accordance with Arroyo Grande Municipal
Code Section 16.12.150; and
WHEREAS, the City Council of the City of Arroyo Grande considered the appeal at a duly
noticed public hearing on January 25, 2022; and
WHEREAS, the City Council has reviewed the project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has found and determined that the
project is exempt pursuant to Section 15301 of the CEQA Guidelines for existing facilities;
and
RESOLUTION NO. 5149
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WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Plot Plan Review Findings:
1. The proposed project is consistent with the goals, objectives, policies and
programs of the Arroyo Grande General Plan;
Vacation rentals are allowed in the City's residential zoning districts with
approval of a Minor Use Permit-Plot Plan Review. Approval of a Minor Use
Permit-Plot Plan Review certifies that the land use or development will
satisfy all applicable provisions of the Municipal Code and allows the
approving body to develop reasonable conditions to ensure compliance.
Approval of a Minor Use Permit-Plot Plan Review enables issuance of a
business license for use of the property as a commercial business.
2. The proposed project conforms to applicable performance standards and
will not be detrimental to the public health, safety or general welfare;
The Municipal Code mandates performance standards to ensure the public
health, safety or general welfare. The existing residence meets the
requirements of the Municipal Code and conditions of approval developed
for this project ensure compliance with the Municipal Code and the
protection of public health, safety or general welfare.
The proposed vacation rental is compatible with the neighborhood in which
it is located in terms of landscaping, scale and architectural character. The
use, as conditioned, is harmonious and compatible with the existing uses
within the neighborhood.
3. The physical location or placement of the use on the site is compatible with
the surrounding neighborhood.
The subject property is located within an established residential
neighborhood in the Multi-Family zoning district, in which a vacation rental
is a conditionally allowed use. The vacation rental will be located in an
existing residential structure that is of sufficient size to accommodate the
intended use. The subject property where the vacation rental is located is
greater than 300 feet from an existing vacation rental on the same street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby denies Appeal Case No. 21-006 and approves Plot Plan Review Case No. 21-033
based on the above findings and subject to the conditions as set forth in Exhibit "A", attached
hereto and incorporated herein by this reference.
RESOLUTION NO. 5149
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On motion by Mayor Ray Russom, seconded by Council Member Storton, and by the
following roll call vote, to wit:
AYES: Mayor Ray Russom, Council Members Storton, and Paulding
NOES: Council Members Barneich, and George
ABSENT: None
the foregoing Resolution was adopted this 25th day of January, 2022.
RESOLUTION NO. 5149
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1 /• 1
CAREN RAY ' U-SOK MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
W TNEY ' •DONAL , CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO. 5149
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 21-033
263-D SPRUCE STREET
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. This approval authorizes the establishment of a vacation rental in the three-
bedroom residence on property located at 263-D Spruce Street.
2. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
3. The project shall occur in substantial conformance with the application and plans
on file in the Community Development Department dated September 28, 2021.
4. This permit shall automatically expire on January 25, 2024 unless a business
license is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply to the Community Development Director for an extension of
one (1) year from the original date of expiration.
5. The applicant shall apply and be approved for a business license prior to
conducting any business transactions on the premises.
6. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its agents, officers, or employees because of the
issuance of said approval, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve the applicant of his/her obligations under this
condition.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
7. The operator shall maintain a contact person/entity within a fifteen (15) minute drive
of the property to be responsible for responding to complaints regarding the use of
the vacation rental in accordance with Municipal Code Subsection 16.52.230.C.5.
The identified primary contact person is Michelle Gust and she can be reached at
559-213-9117.
8. The operator shall annually notify the Community Development Department of the
name, address, and phone number of the contact person, at time of business license
renewal.
9. The operator shall conspicuously post a written notice inside the vacation rental
with the name, address, and telephone number of the required contact person.
RESOLUTION NO. 5149
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The notice shall also include the address of the vacation rental, the maximum
number of occupants permitted to stay overnight in the unit, the maximum number
of vehicles allowed to park on-site, the day(s) established for garbage collection,
and the non-emergency number of the Arroyo Grande Police Department.
10. Based upon the size of the three (3) bedrooms in the main dwelling unit, a
maximum of eight (8) guests may stay in the vacation rental at any one time (2 per
bedroom and 2 additional guests).
11. No on-site advertising is permitted in conjunction with the vacation rental.
12. Payment of Transient Occupancy Tax is required per Municipal Code Section
3.24.030. Payment of Tourism Business Improvement District assessments is
required per Municipal Code Chapter 3.46.
13. Renters shall be instructed to park in the garage of the residence and maintain an
unimpeded fire lane for emergency access.
BUILDING AND LIFE SAFETY DIVISION CONDITIONS:
14. The applicant shall comply with the current California Codes including the specifically
adopted City of Arroyo Grande provisions.
15. A safety inspection will be required prior to business license approval. Contact
(805) 473-5454 for inspections.
SPECIAL CONDITIONS:
16. Guests leasing the vacation rental will be required to use the interior of the garage
as parking.
17. Parking of vehicles in the driveway other than in the designated guest parking
space by guests leasing the vacation rental is prohibited. The operator shall post
signage in two (2) conspicuous places on the property with that wording.
18. Conditions 16 and 17 will be incorporated in any applicable lease agreement and
house rules for the short term vacation rental and incorporated in the vacation
rental listing.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5149 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 25th day of January, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of
January, 2022.
SSICA MATSON, CITY CLERK