PC R 22-2368RESOLUTION NO. 22-2368
A RESOLUTION OF THE PLANNING COMMISSION OF ARROYO
GRANDE RECOMMENDING THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPT AMENDMENTS TO TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE REGARDING VACATION
RENTALS AND HOMESTAYS
WHEREAS, the City of Arroyo Grande ("City") currently regulates vacation rentals or
homestays as established by Ordinance No. 663; and
WHEREAS, due to the increasing popularity of vacation rentals and homestays, City
Council held a study session on March 22, 2022 to discuss impacts and complaints
associated with short term rentals; and
WHEREAS, Council directed staff to amend existing regulations to ensure that impacts
are addressed and the character of existing neighborhoods is maintained, while providing
an expanded type of lodging facility available within the City; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on August 2, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt Ordinances approving
Development Code Amendment 22-002 amending Title 16 of the Arroyo Grande
Municipal Code as attached hereto as Exhibit "A" and incorporated herein by this
reference.
On motion by Chair Martin, seconded by Commissioner Guthrie, and by the following
roll call vote, to wit:
AYES: Martin, Guthrie and Buchanan
NOES: None
AB SENT: Schiro and Maraviglia
the foregoing Resolution was adopted this 2nd day of August 2022.
ORDINANCE NO. 22-2368
PAGE2
GLENN MARTIN
CHAIR
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
ORDINANCE NO.
PAGE 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE REGARDING VACATION RENTALS AND
HOMESTAYS
WHEREAS, the City of Arroyo Grande ("City") currently regulates vacation rentals or
homestays as established by Ordinance No. 663; and
WHEREAS, due to the increasing popularity of vacation rentals and homestays, City
Council held a study session on March 22, 2022 to discuss impacts and complaints
associated with short term rentals; and
WHEREAS, Council directed staff to amend existing regulations to ensure that impacts
are addressed and the character of existing neighborhoods is maintained, while providing
an expanded type of lodging facility available within the City; and
WHEREAS, it is the purpose of this Ordinance to protect the public health, safety, and
welfare within the City by establishing rules and requirements for vacation rentals and
homestays; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on August 2, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
WHEREAS, on August 2, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council amending Sections 16.52.230 and 16.52.240 of the
Arroyo Grande Municipal Code; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice thereof
as required by law, held a public hearing on , 2022, concerning the
amendments to AGMC Sections 16.52.230 and 16.52.240; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public
meeting on , 2022 introduced this Ordinance to amend Sections 16.52.230
and 16.04.070 of Title 16, Chapter 52 of the Arroyo Grande Municipal Code; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the staff
report, its attachments and all supporting materials referenced therein or offered in the matter
as presented at the public hearing.
ORDINANCE NO.
PAGE 4
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated herein
by this reference.
SECTION 2: Arroyo Grande Municipal Code Section 16.52.230 is hereby added amended
as follows:
SECTION 16.52.230 — VACATION RENTALS
A. Purpose and intent. The purpose of these regulations is to ensure that vacation
rentals located in the city conform to the existing character of the neighborhood in
which they are located and do not create an adverse impact on adjacent
properties.
B. Applicability. Vacation rentals may be permitted only with approval of a minor use
permit. Vacation rentals shall comply with the property development standards of
the underlying district and the performance standards and special conditions listed
in Section 16.52.230.C.
C. Performance standards and conditions for vacation rentals.
Operators of vacation rentals are required to obtain a minor use permit -plot
plan review (Section 16.16.080) and a business license.
2. Any proposed vacation rental shall be compatible with the neighborhood in
which it is located in terms of landscaping, scale and architectural character.
The use shall be harmonious and compatible with the existing uses with the
neighborhood
3. All Building Code and Fire Code requirements for the level of occupancy of
the vacation rental shall be met.
4. All environmental health regulations shall be met.
5. The operator of the vacation rental shall, at all times while the property is
being used as a vacation rental, maintain a contact person/entity within a
fifteen (15) minute drive of the property. The contact person or entity must
be available via telephone twenty-four (24) hours a day, seven (7) days a
week, to respond to complaints regarding the use of the vacation rental.
The contact person or entity shall respond, either in person or by return
telephone call, with a proposed resolution to the complaint within three (3)
hours between 7:00 am and 9:00 pm, and within thirty (30) minutes between
9:00 pm and 7:00 am. Vacation rental applicants shall be required to pay
ORDINANCE NO.
PAGE 5
the City's fee at the time of application to generate mailing labels for all
property owners within 300 feet.
6. The operator of the vacation rental shall annually, at the time of renewal of
the business license, notify the Community Development Department of the
name, address and telephone number of the contact person required in
subsection 16.52.230.0.6.
7. A written notice shall be conspicuously posted inside each vacation rental
unit setting forth the name, address and telephone number of the contact
person required in subsection 16.52.230.C.6. The notice shall also set forth
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 be parked on-site, and the day(s) established for garbage
collection. The notice shall also provide the non -emergency number of the
Arroyo Grande Police Department.
8. On-site advertising of the vacation rental is prohibited.
9. The number of overnight occupants shall be limited to two persons per
bedroom and two additional persons. A bedroom shall meet the minimum
size requirements as defined in the Building Code.
10. All refuse shall be stored in appropriate containers and placed at the curb
for collection every week.
11. The operator of the vacation rental shall pay Transient Occupancy Tax as
required by Arroyo Grande Municipal Code Section 3.24.030.
12. Establishment of a vacation rental within 300 feet of an existing vacation
rental shall not be permitted.
13. Violations — violation of these requirements shall constitute grounds for
revocation of the minor use permit pursuant to Section 16.16.220.
14. Vacation rentals shall not be approved within Planned Unit Developments
PUDs).
15. The total number of approved vacation rentals within the City shall not
exceed 120.
16. Vacation rentals must remit TOT to the City at least once every twelve
months, otherwise the approval will automatically expire.
SECTION 3: Arroyo Grande Municipal Code Section 16.04.070 is hereby amended as
follows:
ORDINANCE NO.
PAGE 6
16.04.070.C. Definitions
Homestay" means a structure on an owner -occupied parcel where a maximum of two (2)
short-term lodging rooms are provided for compensation while the property owner is
present on-site.
Vacation rental" means a structure or structures on a property being rented for less than
thirty (30) days without concurrently being occupied by the owner/operator where the
short-term lodging is provided for compensation.
SECTION 4: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published again, and
the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 6: This Ordinance shall take effect thirty (30) days from the date of adoption.
On motion of Council Member , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this day of , 2022.
LJ
ORDINANCE NO.
PAGE 7
CAREN RAY RUSSOM, MAYOR
F-11%611*16
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY