Agenda Package - PC_Dec07_2021PLANNING COMMISSION MEETING
AGENDA
Tuesday, December 7, 2021, 6:00 p.m.
Zoom Virtual Meeting
Webinar ID: 832 5584 8846
ByTelephone: 1-669-900-6833; 1-346-248-7799
Please click the link below to join the Zoom Meeting:
https://us02web.zoom.us/j/83255848846
Webinar ID: 832 5584 8846
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly
Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act,
Planning Commission meetings will be conducted by video/teleconferencing through Zoom Webinar until
further notice. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-
span.org. Members of the public may participate and provide public comment on agenda items during the
meeting by joining the Zoom meeting or by submitting written public comments to the Clerk of the Commission
at pc-publiccomment@arroyogrande.org.
1.CALL TO ORDER
2.ROLL CALL
3.FLAG SALUTE
Chair Martin
4.AGENDA REVIEW
5.COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues,
thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to
those matters that are within the jurisdiction of the Planning Commission. Members of the public may
provide public comment remotely by joining the Zoom meeting utilizing one of the methods provided
below. Please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to join the webinar:
https://us02web.zoom.us/j/83255848846
Webinar ID: 832 5584 8846
Or Telephone Attendee: 1-669-900-6833; 1-346-248-7799; Press * 9 to “raise hand” for public
comment.
The Brown Act restricts the Commission from taking formal action on matters not published on the
agenda. In response to your comments, the Chair or presiding official may:
Direct City staff to assist or coordinate with you.•
A Commissioner may state a desire to meet with you.•
It may be the desire of the Commission to place your issue or matter on a future agenda.•
Please adhere to the following procedures when addressing the Commission:
Comments should be limited to 3 minutes or less.•
Your comments should be directed to the Commission as a whole and not directed to an
individual Commissioner.
•
Slanderous, profane or personal remarks against any Commissioner or member of the audience
shall not be permitted.
6.WRITTEN COMMUNICATIONS
Correspondence or supplemental information for the Planning Commission received after Agenda
preparation. In compliance with the Brown Act, the Commission will not take action on
correspondence relating to items that are not listed on the Agenda, but may schedule such matters
for discussion or hearing as part of future agenda consideration.
7.CONSENT AGENDA
(HOLUB)
Recommended Action:
Approve the minutes of the October 19, 2021 Regular Planning Commission meeting.
8.PUBLIC HEARING ITEMS
8.a.APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW
21-029 AT 1562 STRAWBERRY AVENUE
(HOLUB)
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution denying Appeal Case
No. 21-004 and approving Plot Plan Review 21-029 (Attachment 1).
8.b.APPEAL TO PLANNING COMMISSION CASE 21-005; APPEAL OF PLOT PLAN REVIEW
21-033 AT 263 SPRUCE ST, UNIT D
(HOLUB)
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution denying Appeal Case
No. 21-005 and approving Plot Plan Review 21-033 (Attachment 1).
9.NON-PUBLIC HEARING ITEMS
None.
10.NOTICE OF ADMINISTRATIVE ITEMS SINCE NOVEMBER 16, 2021
11.COMMISSION COMMUNICATIONS
Correspondence/Comments as presented by the Planning Commission.
Page 2 of 176
12.STAFF COMMUNICATIONS
Correspondence/Comments as presented by the City Manager.
13.ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the Planning Commission within 72 hours of a regular meeting, relating to each item of
business on the agenda are available for public inspection during regular business hours in the City
Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the Americans
with Disabilities Act. To make a request for disability-related modification or accommodation, contact
the Legislative and Information Services Department at 805-473-5400 as soon as possible and at
least 48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda
reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you
would like to subscribe to receive email or text message notifications when agendas are posted, you
can sign up online through the “Notify Me” feature.
City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government
Access Channel 20. The rebroadcast schedule is published at www.slo-span.org.
Page 3 of 176
ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
TUESDAY, OCTOBER 19, 2021
ZOOM WEBINAR
1. CALL TO ORDER
Chair Martin called the Planning Commission meeting to order at 6:00 p.m.
2. ROLL CALL
Planning Commission: Commissioners Kevin Buchanan, Jim Guthrie, Jamie Maraviglia, Vice
Chair Frank Schiro and Chair Glenn Martin were present.
Staff Present: Community Development Director Brian Pedrotti, City Engineer Robin
Dickerson, Associate Planner Andrew Perez and Assistant Planner
Patrick Holub were present.
3. FLAG SALUTE
Commissioner Guthrie led the flag salute.
4. AGENDA REVIEW
None.
5. COMMUNITY COMMENTS AND SUGGESTIONS
Stew Errico spoke about the City Council prioritizing a future agenda item regarding the City’s Short
Term Rental Ordinance. He spoke against the appeal process and the costs involved with filing an
appeal.
6. WRITTEN COMMUNICATIONS
None.
7. CONSENT AGENDA
7.a. CONSIDERATION OF APPROVAL OF MINUTES
Recommended Action: Approve the minutes of the September 7, 2021 Regular Planning
Commission meeting.
7.b. CONSIDERATION OF LOT LINE ADJUSTMENT 21-002; LOCATION – 379 CORBETT
CANYON ROAD; APPLICANT – JOSEPH WAIS; REPRESENTATIVE – LEONARD LENGER
Recommended Action: It is recommended that the Planning Commission adopt a Resolution
approving Lot Line Adjustment No. 21-002.
Action: Commissioner Guthrie moved and Vice Chair Schiro seconded the motion to approve the
consent agenda.
The motion passed on the following roll-call vote:
AYES: Guthrie, Schiro, Buchanan, Maraviglia and Martin
NOES: None
ABSENT: None
8. PUBLIC HEARINGS
8.a. CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 21-001; INSTALLATION
OF A BACK-UP GENERATOR AND AMENDMENT OF LEASE AREA AT AN EXISTING
TELECOMMUNICATION FACILITY; LOCATION – 581 BRANCH MILL ROAD; APPLICANT – T-
MOBILE WIRELESS; REPRESENTATIVE – J5 INFRASTRUCTURE PARTNERS
Page 4 of 176
PLANNING COMMISSION PAGE 2
MINUTES
OCTOBER 19, 2021
Recommended Action: It is recommended that the Planning Commission adopt a Resolution
approving Amended Conditional Use Permit 21-001.
Associate Planner Perez presented the staff report.
Victor Flores, representative, thanked staff for their presentation.
Chair Martin opened the public hearing.
Seeing no public comments, Chair Martin closed the public hearing.
Action: Vice Chair Schiro moved and Commissioner Maraviglia seconded the motion to adopt the
prepared Resolution approving Amended Conditional Use Permit 21-001 as submitted.
The motion passed on the following roll-call vote:
AYES: Schiro, Maraviglia, Buchanan, Guthrie and Martin
NOES: None
ABSENT: None
9. NON-PUBLIC HEARINGS
9.a. PROJECT UPDATE ON THE LOCAL ROADWAY SAFETY PLAN
Recommended Action: It is recommended that the Planning Commission receive the project update
and provide input on the LRSP to the City Council.
Community Development Director Pedrotti introduced City Engineer Dickerson.
City Engineer Dickerson provided a project update regarding the Local Roadway Safety Plan and
responded to Commissioner questions regarding the stakeholder group that was formed, HSIP
cycles, quick-build projects and AB43.
Chair Martin opened the public comment period. Seeing none, Chair Martin closed the public
comment period.
The Commission provided comments to City Council regarding the Local Roadway Safety Plan.
10. ADMINISTRATIVE DECISIONS SINCE OCTOBER 5, 2021
Received.
11. COMMISSION COMMUNICATIONS
None.
Case No. Applicant Address Description Action Appeal
Deadline
PPR21-024 James and
Yvette
Wenzel
1151 Linda
Drive
Establishment of a
Vacation Rental in an
existing Single Family
Residence
A 10/25/21
Page 5 of 176
PLANNING COMMISSION PAGE 3
MINUTES
OCTOBER 19, 2021
12. STAFF COMMUNICATIONS
None.
13. ADJOURNMENT
The meeting adjourned at 7:37 p.m.
ATTEST:
PATRICK HOLUB GLENN MARTIN, CHAIR
ASSISTANT PLANNER
(Approved at PC Meeting ______________)
Page 6 of 176
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Assistant Planner
SUBJECT: CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-
004; APPEAL OF PLOT PLAN REVIEW 21-029 FOR THE
ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1562
STRAWBERRY AVENUE; APPELLANTS – STEW AND FRANCINE
ERRICO, ET AL.
DATE: December 7, 2021
SUMMARY OF ACTION:
Adoption of the proposed Resolution would deny the appeal and approve the proposed
project in accordance with the approval granted by the Community Development Director
on September 28, 2021.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
In accordance with Chapter 3.24 of the Arroyo Grande Municipal Code (AGMC), vacation
rentals are required to pay the City transient occupancy tax (TOT) in the amount of ten
percent (10%) of the rent charged by the operator.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution denying Appeal
Case No. 21-004 and approving Plot Plan Review 21-029 (Attachment 1).
BACKGROUND:
Vacation Rental Permitting
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 (Attachment 2). During
the development of Ordinance 663, both the Planning Commis sion and City Council had
discussions about potential issues related to noise, parking, and other general nuisances,
due to concerns expressed by some members of the public. The performance standards
by which a vacation rental application is reviewed were generated from those discussions.
For example, an applicant is required to provide a local contact to address noise and
Page 7 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL
OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND
FRANCINE ERRICO, ET AL.
December 7, 2021
Page 2
general disturbance issues that may arise from a short term rental. A 300 -foot buffer
between rentals on the same street is required to prevent the oversaturation of short term
rentals in a neighborhood. Ultimately, both bodies came to the conclusion that these
concerns could be addressed by compliance with the performance standards and abiding
by conditions of approval. Additionally, these issues were found to be similar to instances
when long-term renters, homeowners, and even private guests of homeowners are the
cause of these types of nuisances. A vacation rental includes additional protections,
whereby the local contact is available to address any complaints and a property owner is
motivated to comply with the conditions of approval to avoid possible revocation of the
permit. Under the requirements of the Ordinance, the new vacation rental is conditioned
to meet performance standards to minimize adverse impacts on adjacent properties,
ensure appropriate conditions are implemented, and prohibit overconcentration of these
uses in residential districts.
The Ordinance went into effect on July 10, 2014. Since that time, the City has permit ted
seventy-one (71) vacation rentals and forty-one (41) homestays, not including this
application. In addition to this application, staff is currently processing applications for
four (4) vacation rentals. Since the adoption of Ordinance No. 663, seven (7) permits that
were approved by the Community Development Director for the establishment of a
vacation rental have been appealed to the Planning Commission. All seven (7) of the
appeals were denied by the Commission and the Community Development Director’s
decision was upheld. Each of the previous appeals were denied due to the Planning
Commission being able to make the required findings for the Plot Plan Review.
Property History
On September 28, 2021, the Community Development Director approved Plot Pl an
Review 21-029 for the establishment of a vacation rental at 1562 Strawberry Avenue. At
the time of approval, notice of the Director’s approval were sent to all property owners
within 300 feet of the subject property. The notice included the name and ph one number
of the applicant’s local contact person in accordance with Arroyo Grande Municipal Code
Subsection 16.52.230.C.5, appeal information, and information about how to contact
Community Development staff should there be questions about the project. The approval
letter is included as Attachment 3.
On October 11, 2021, the appellants submitted an appeal of this determination to the
Planning Commission. On November 12, 2021, the appellants submitted additional
documents outlining the grounds for their appeal. The appellants’ appeal documentation
is included as Attachment 4.
Page 8 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL
OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND
FRANCINE ERRICO, ET AL.
December 7, 2021
Page 3
ANALYSIS OF ISSUES:
Basis of the Appeal
The subject appeal indicated concerns about the completeness of the application, the
structure’s adherence to Building and other Code requirements, availability of parking and
perceived impacts on circulation, noticing procedures and the ability of the listed
emergency contact to perform the required functions.
Vacation Rental Performance Standards
Arroyo Grande Municipal Code Section 16.52.230 outlines performance standards and
conditions required for the operation of vacation rentals within the City. These
performance standards and conditions are intended to ensure vacation rentals conform
to the existing character of the neighborhood and do not create an adverse impact on
adjacent properties. Applicable performance standards are included as conditions of
approval to allow upfront understanding by the applicant of what the City requires for the
operation of the vacation rental. Conditions include items such as having a structure
consistent with the neighborhood, meeting applicable Codes, maintaining a local contact
person, and limiting the number of guests allowed to occupy the rental.
Completeness of Application
The appellants have raised issue with the alleged incompleteness of the application for
Plot Plan Review 21-029. For example, the appellants contend that the plans submitted
as part of the Plot Plan Review application are inadequate. The checklist referenced by
the appellants is intended for projects that propose new construction , rather than
permitting a new use in an existing, permitted structure. Staff believes that the information
included on the application provides staff with the required information in order to make
the necessary findings for approval of the application. Recognizing that the “Minor Project
Application” form is used for a wide array of application types, staff has made adjustments
to the application form in order to more clearly indicate which fields are required to be
completed for different permit types. These changes include clearly indicating that Section
III, found on page three of the application, is not required to be completed for short term
rental applications, which include vacation rental and homestay applications.
Code Compliance
The appellants have alleged that due to the information provided on the application, staff
would be unable to verify whether the existing structure meets provisions of the California
Building Code (CBC). During the review of the application, information provided by the
applicant was cross referenced with City documentation to confirm that the existing
structure was permitted, constructed and inspected according to standard City
procedures. Furthermore, after approval of the application and before the applicant is able
to rent the unit, the Building Division of the Community Development Department will
conduct a safety inspection to confirm that the necessary life safety devices are installed
and in working order. This inspection includes verification that the structure is in
Page 9 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL
OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND
FRANCINE ERRICO, ET AL.
December 7, 2021
Page 4
conformance with the City’s records regarding the structure as well as verifies that smoke
detectors, carbon monoxide detectors, and fire extinguishers are installed as required by
the current version of the CBC. Should any deficiencies become known before or during
the safety inspection, the applicant will be required to address those deficiencies prior to
obtaining their Business License, and therefore, will be unable to rent the unit until such
deficiencies are corrected.
Parking
The appellants’ submittal included concerns that guests of the rental parking on the street
could have impacts on circulation within the cul-de-sac and that parked vehicles could
have impacts on emergency response or trash collection for the street. Strawberry
Avenue is classified as a local street, and as such, is designed to accommodate
sidewalks, two lanes of traffic with driveway access, and on-street parking within the right-
of-way. As a local road, the Strawberry Avenue was designed to provide emergency
access with the presence of on-street parking. Furthermore, the appeal documents allege
that presence of game tables in the garage preclude the use of the garage for guest
parking. The Municipal Code does not include a parking standard for vacation rentals,
therefore the presence of any obstructions in the garage is not a basis for denial of a
vacation rental application. However, because the game tables are not permanently
installed in the garage, staff believes this to be a non-issue and parking vehicles within
the garage is possible. Lastly, the appellants have taken the presence of these games
tables to constitute a “home occupation” of the garage. The section of the Business
License application that the appellants have taken to prohibit this use of the garage is in
reference to businesses that have obtained a Home Occupation Permit, which is not
applicable in this situation. A Home Occupation Permit is meant to allow a business owner
to conduct more typical business activities from their home. These activities include
contractors who store vehicles on their property or home office related activities. The
prohibition of utilizing a garage as a home occupation does not apply in the scenario of a
vacation rental. Furthermore, the use of a garage as part of a vacation rental is to be
expected based upon the fact that a vacation rental most closely imitates a residential
use of the structure.
Occupancy Limitations
Condition of Approval No. 9 limits overnight occupants of vacation rentals to two (2)
persons per bedroom, and an additional two (2) people. This is to ensure rentals are not
over occupied and detrimental to surrounding residences. An applicant is required to
submit a floorplan as part of the application so staff can verify the number of bedrooms in
a dwelling unit. At 1562 Strawberry Avenue, the single family residence has three (3)
bedrooms, therefore the permit was conditioned to have no more than eight (8) overnight
occupants (Attachment 5).
Page 10 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL
OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND
FRANCINE ERRICO, ET AL.
December 7, 2021
Page 5
Noticing Requirements
The appellants’ submittal on November 11th makes the claim that noticing requirements
were not followed for this project. Specifically, the appellants allege that properties within
the required 300’ radius were not notified. After conducting a thorough analysis of the
properties notified of the Community Development Director’s decision, staff has
concluded that owner of all of properties within a 300’ radius of the subject property were
sent a copy of the approval mailer previously mentioned. The County of San Luis Obispo’s
Geographic Information Systems (GIS) information indicates that there are thirty (30)
parcels within 300’ of the subject property (Attachment 6). Staff believes that the forty-
five (45) parcels notified actually exceeded the noticing requirements of the AGMC.
Furthermore, staff believes that the appellants arrived at the total of sixty-nine (69) parcels
in error due to the fact that “property owner” and “resident” labels were included in their
mailing list. Only mailing labels for property owners within 300’ are required to be
submitted with an application for a vacation rental, pursuant to AGMC Section 16.12.030.
Local Contact Person
Condition of Approval No. 6 requires the vacation rental operators to maintain a local
contact person or entity, within a fifteen (15) minute drive of the property, to be available
to resolve any issues resulting from the use of the residence as a vacation rental. This is
meant to give neighboring property owners a primary means of addressing issues with
the rental instead of relying solely on City services, such as Police, Neighborhood
Services, and Community Development. If in the future the local conta ct changes, the
applicants are required to notify the City of the new local contact and property owners
within 300 feet would be mailed a postcard with the new contact information. As part of
their application, the applicant identified two emergency contacts. The primary emergency
contact is Erika McCann and the secondary emergency contact is Kathy Kelly. The
appellants expressed concerns regarding the listing of two emergency contacts, stating
that Ms. McCann was listed in an attempt to circumvent the City’s vacation rental
performance requirements. Staff has spoken with the applicant and is confident that Ms.
McCann is able to perform the requirements of being listed as the primary emergency
contact. Should community members have issues with the emergency contacts’ ability to
abate concerns related to the rental unit, revocation of the permit could be a solution,
subject to a public hearing before the Planning Commission. The AGMC does not prohibit
an applicant from providing additional emergency contact pe rsons that can assist in
addressing concerns from neighbors.
Concentration Limitations
During the Council’s consideration of Ordinance No. 663, concerns were raised regarding
the possibility that an overconcentration of vacation rentals and homestays cou ld
negatively impact the residential character of neighborhoods. In order to address this
issue, the Council included separation requirements in the regulations that prohibit the
establishment of a vacation rental within 300 feet of an existing vacation rental on the
Page 11 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL
OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND
FRANCINE ERRICO, ET AL.
December 7, 2021
Page 6
same street. The nearest permitted vacation rental is located at 1515 Elderberry Court,
which is located approximately 175 feet northeast of the subject property (Attachment 7).
Although this property is within 300 feet of the subject property, the previously approved
vacation rental is on a different street than the current application. Therefore, the address
at 1562 Strawberry Avenue is eligible to be entitled as a vacation rental.
Megan’s Law
The appellant has reiterated concerns from a previous appeal that guests of the vacation
rental could potentially be registered sex offenders and the proximity of the rental to
school sites or locations where children congregate could cause safety issues. Staff
would like to again state that while the safety of schoolchildren is of utmost concern, the
transitory nature of vacation rental guests does not meet the reporting requirements of
Megan’s Law. The law was intended to compel individuals to register their permanent (or
semi-permanent) address with law enforcement so that they, and the public, would know
where offenders are residing. Additionally, this gives law enforcement the opportunity to
check up on registered individuals and allows residents to check if any registered
offenders reside in their neighborhood.
ALTERNATIVES:
The following alternatives are presented for the Planning Commission’s consideration:
1. Adopt the attached Resolution denying Appeal Case No. 21 -004 and approving
Plot Plan Review Case No. 21-029;
2. Modify and adopt the attached Resolution denying Appeal Case No. 21 -004 and
approving Plot Plan Review Case No. 21-029;
3. Do not adopt the attached Resolution, take tentative action to approve Appeal
Case No. 21-004, and provide direction for staff to return with an appropriate
resolution including findings for denial of Plot Plan Review Case No. 21 -029; or
4. Provide direction to staff.
ADVANTAGES:
Denial of the appeal and approval of the requested plot plan review would allow the
applicants to establish a vacation rental in accordance with City regulations, and provide
the applicants flexibility to use the home to generate supplemental income. The applicant
would also collect and remit TOT from rentals which would be used to help maintain City
streets and services.
DISADVANTAGES:
The establishment of a number of vacation rentals in an established neighborhood could
impact the atmosphere developed in the neighborhood through time. Impacts to noise,
Page 12 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL
OF PLOT PLAN REVIEW 21-029 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 1562 STRAWBERRY AVENUE; APPELLANTS – STEW AND
FRANCINE ERRICO, ET AL.
December 7, 2021
Page 7
traffic, property values, and neighborhood composition could be observed. However,
concentration limitations and performance standards developed specifically for vacation
rentals were intended to reduce this potential, including the designation of a local contact
person to manage neighbor complaints and prevent overburdening City services.
Additionally, Citywide performance standards, including the Noise Ordinance, also apply
to vacation rentals. If the vacation rental begins operating outside of any of these
standards or the conditions of the permit, remedies are made available through the
AGMC.
ENVIRONMENTAL REVIEW:
Staff has reviewed the project in accordance with the California Environmental Quality
Act (CEQA) and determined that it is categorically exempt per Section 15301 of the CEQA
Guidelines regarding existing facilities.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300 feet of the project
site, published in the Tribune, and posted on the City’s website and at City Hall on Friday,
November 22, 2021. The Agenda was posted at City Hall and on the City’s website in
accordance with Government Code Section 54954.2. At the time of report publication, no
comments have been received beyond what was contained in the appeal forms.
Attachments:
1. Draft Resolution
2. Ordinance No. 663
3. September 28, 2021 Approval letter
4. Appeal form
5. Floor plan
6. 300’ notification radius
7. Vacation Rental vicinity map
Page 13 of 176
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE DENYING APPEAL CASE NO.
21-004 AND APPROVING PLOT PLAN REVIEW CASE NO.
21-029; LOCATED AT 1562 STRAWBERRY AVENUE;
APPLIED FOR BY BRENDA GOROSKI; APPEALED BY
STEW AND FRANCINE ERRICO
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 August 5, 2021, the applicant submitted an application for Plot Plan Review
No. 21-029 for the establishment of a vacation rental in an existing, three-bedroom
residence located at 1562 Strawberry Avenue; and
WHEREAS, on September 28, 2021, the Community Development Director approved Plot
Plan Review No. 21-029 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 request to
establish the vacation rental; and
WHEREAS, on October 11, 2021, an appeal of the approval was filed with the Community
Development Secretary by Stew and Francine Errico, et al.; and
WHEREAS, the Planning Commission 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 determined that the
project is exempt per Section 15301 of the CEQA Guidelines regarding existing facilities; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on December 7, 2021; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist and findings can be made:
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
Attachment 1
Page 14 of 176
RESOLUTION NO.
PAGE 2
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 Single Family zoning district, which is available for use
as a vacation rental. 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 Planning Commission of the City of Arroyo
Grande hereby denies Appeal Case No. 21-004 and approves Plot Plan Review Case No.
21-029 based on the above findings and subject to the conditions as set forth in Exhibit “A”,
attached hereto and incorporated herein by this reference.
On motion by , seconded by , and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 7th day of December, 2021.
Page 15 of 176
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 16 of 176
RESOLUTION NO.
PAGE 4
EXHIBIT “A” CONDITIONS OF APPROVAL PLOT PLAN REVIEW 21-029
1170 LINDA DRIVE
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. This approval authorizes the establishment of a vacation rental in the three-bedroom residence on property located at 1562 Strawberry Avenue. 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 August 5, 2021.
4. This permit shall automatically expire on December 7, 2023 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 Nancy Tucker and she can be reached at 805-748-6880. The secondary contact person is Kathy Kelly and she can be reached at 310-717-8750.
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
Page 17 of 176
RESOLUTION NO.
PAGE 5
with the name, address, and telephone number of the required contact person. 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.
BUILDING AND LIFE SAFETY DIVISION CONDITIONS:
13. The applicant shall comply with the current California Codes including the specifically adopted City of Arroyo Grande provisions. 14. A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for inspections.
Page 18 of 176
ORDINANCE NO. 663
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 does not regulate vacation
rentals or homestays; and
WHEREAS, the City does regulate similar transient uses with similar impacts such as
bed and breakfast inns; and
WHEREAS, the City Council finds that, unless properly regulated, vacation rentals and
homestays can result in adverse impacts to adjacent properties; and
WHEREAS, the purpose of these regulations is to ensure that vacation rentals and
homestays conform to the existing character of the neighborhood in which they are
located and do not create an adverse impact on adjacent properties; and
WHEREAS, the increasing popularity of vacation rentals and homestays in the City the
implementation of appropriate 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, after consideration of all testimony and all relevant evidence, the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
A. The proposed revisions to Title 16 are required to ensure consistency with the
objectives, policies and implementation measures of the General Plan,
particularly the Land Use Element, and is therefore desirable to implement the
provisions of the General Plan.
B. The proposed revisions to Title 16 will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern.
C. The proposed revisions are consistent with the purpose and intent of Title 16 and
satisfy the intent of Chapter 16.08 of the Municipal Code and provide for internal
consistency.
D. The proposed revisions to Title 16 are exempt under per Sections 15061(b)( 3) and
15308 of the California Environmental Quality Act (CEQA) Guidelines.
ATTACHMENT 2
Page 19 of 176
ORDINANCE NO. 663
PAGE 2
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 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.
1. 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.
Page 20 of 176
ORDINANCE NO. 663
PAGE 3
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.C.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 on the same street 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.
SECTION 3: Arroyo Grande Municipal Code Section 16.52.240 is hereby added as
follows:
SECTION 16.52.240 — HOMESTAYS
A. Purpose and intent. The purpose of these regulations is to ensure that
homestays 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. Homestays may be permitted only with approval of a minor use
permit. Homestays shall comply with the property development standards of the
Page 21 of 176
ORDINANCE NO. 663
PAGE 4
underlying district and the performance standards and special conditions listed in
Section 16.52.240.0.
C. Performance standards and conditions for homestays.
1. Operators of homestays are required to obtain a minor use permit-plot
plan review (Section 16.16.080) and a business license.
2. Any proposed homestay 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 far the level of occupancy
of the homestay shall be met.
4. All environmental health regulations shall be met.
5. The operator shall reside on the premises.
6. Individual guest stays shall be limited to fourteen (14) days, with a seven-
day period between stays.
7. On-site advertising of the homestay is prohibited.
8. A bedroom shall meet the minimum size requirements as defined in the
L Building Code.
9. The operator of the homestay shall pay Transient Occupancy Tax as
required by Arroyo Grande Municipal Code Section 3.24.030.
10. Establishment of a homestay within 300 feet of an existing homestay on
the same street shall not be permitted.
11. Violations — violation of these requirements shall constitute grounds for
revocation of the minor use permit pursuant to Section 16.16.220.
SECTION 4: The following definitions in Arroyo Grande Municipal Code Subsection
16.04.070.C. are hereby amended or added as follows:
16.04.070.C. Definitions
Bed and breakfast inn" means an owner-occupied dwelling unit where three (3) or more
short-term lodging rooms and meals are provided for compensation or onsite signage is
desired.
r
Page 22 of 176
ORDINANCE NO. 663
PAGE 5
Homestay" means an owner-occupied dwelling unit where a maximum of two (2) short-
term lodging rooms are provided for compensation.
Vacation rental" means a structure 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 5: Arroyo Grande Municipal Code Section 16.16.080 is hereby amended to
add Subsection B.10 and Subsection C.6 as follows:
16.16.080.B.10. Establishment of vacation rentals or homestays in applicable zoning
districts identified in Table 16.32.040-A and Table 16.36.030(A).
16.16.080.C.6. For plot plan reviews establishing the use of property for vacation rental
purposes, the decision of the community development director shall also be mailed to all
property owners of parcels within three hundred (300) feet of the property for which the
plot plan review has been requested, in addition to the requirements of Section
16.16.080.C.5. The notice shall indicate the appeal provisions of Section 16.12.150.
SECTION 6: Arroyo Grande Municipal Code Table 16.32.040-A, entitled "Uses
Permitted Within Residential Districts", Section A. Residential Uses is hereby amended
to add Subsection A.17. as follows:
USE RE RH RR RS SF VR D-2.4 MF MFA MFVH MHP
A. Residential Uses
17.Vacation Rentals MUP MUP MUP MUP MUP MUP MUP MUP NP NP
and Homestays
SECTION 7: Arroyo Grande Municipal Code Table 16.36.030(A), entitled "Uses
Permitted Within Mixed Use and Commercial Districts", Section B. Services -General is
hereby amended to add the following use:
USE VCD VMU
HCO D-2.11
OMU1
TMU D- HCO D=Specific
IMU D-2.11 2.4 D-2.4 GMU FOMU HMU 2.20 RC2 Use Stds
B.Services -General
Vacation Rentals and NP MUP MUP MUP MUP MUP MUP MUP NP 16.52.230
Homestays 16.52.240
SECTION 8: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason'held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
Page 23 of 176
ORDINANCE NO. 663
PAGE 6
SECTION 9: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 10: 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 11: This Ordinance shall take effect thirty (30) days from the date of
adoption.
On motion of Council Member Barneich, seconded by Council Member Brown, and on
the following roll call vote to wit:
AYES: Council Members Barneich, Brown, Costello, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 10th day of June, 2014.
Page 24 of 176
ORDINANCE NO. (0493
PAGE 7
TONY F MAYOR
ATTEST:
Wgkitet'L--
KELLY ET j RE, CITY CLERK
APPROVED AS TO CONTENT:
S E ADAMS, CITY MANAGER
APPROVED AS TO FORM:
7n/V-
TIMVIO111Y J. CARME"C, CITY ATTORNEY
1
Page 25 of 176
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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 is a true, full, and correct copy of Ordinance No. 663 which was
introduced at a regular meeting of the City Council on May 27, 2014; was passed
and adopted at a regular meeting of the City Council on the 10th day of June
2014; and was duly published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th
day of June 2014.
i 1 I
KELL WE/ ORE, CITY CLERK
Page 26 of 176
CITY OF
ARROYO GRANDE
CALIFORNIA
COMMUNITY DEVELOPMENT DEPARTMENT 300 E. Branch Street Arroyo Grande, California 93420
Phone: (805) 473-5420 Fax: (805) 473-0386 E-mail: agcity@arroyogrande.org Website: www.arroyogrande.org
September 28, 2021
Brenda Goroski
1562 Strawberry Avenue
Arroyo Grande, CA 93420
SUBJECT: PLOT PLAN REVIEW 21-029; ESTABLISHMENT OF A VACATION RENTAL IN THE SINGLE FAMILY
ZONE; LOCATION – 1562 STRAWBERRY AVE; APPLICANT – BRENDA GOROSKI
Dear Ms. Goroski:
On September 28, 2021, the Community Development Director approved the above-referenced project for
the establishment of a Vacation Rental in an existing residence in the Single Family (SF) zoning district. This
approval is based upon the following findings for approval:
FINDINGS FOR APPROVAL – PLOT PLAN REVIEW
1.The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande
General Plan;
a.Vacation Rentals are allowed in the City’s Single Family (SF) zoning district with approval of a Minor
Use Permit - Plot Plan Review.
b.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 Community Development
Director to develop reasonable conditions to ensure compliance.
c.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;
a.The Municipal Code mandates performance standards to ensure the public health, safety or general
welfare.
b.The existing dwelling unit on site meets the requirements of Section 16.52.230 of the Municipal Code.
c.Conditions of approval developed for this project ensure compliance with Section 16.52.230 of the
Municipal Code and the protection of public health, safety or general welfare.
3.The physical location or placement of the use on the site is compatible with the surrounding neighborhood.
a.The subject property is located within an established residential neighborhood in the Single Family
zoning district, which is available for use as a Vacation Rental.
b.The existing residence is available for Vacation Rentals, and is of sufficient size to accommodate the
intended use.
c.The subject property where the Vacation Rental is located is greater than three hundred feet (300’)
of an existing Vacation Rental on the same street.
In approving a Minor Use Permit-Plot Plan Review, the Community Development Director may impose reasonable
conditions to ensure compliance with the Municipal Code. This approval is subject to the following conditions of
Attachment 3
Page 27 of 176
PLOT PLAN REVIEW 21-029
SEPTEMBER 28, 2021
PAGE 2
approval. Please review the conditions carefully. As the applicant, you are responsible to see that the conditions
are implemented. This will involve working with the various departments that conditioned the project.
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1.The applicant shall ascertain and comply with all State, County and City requirements as are applicable to
this project.
2.The applicant shall apply and be approved for a business license before conducting any business
transactions on the premises.
3.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
4.The project shall substantially conform to the plans and descriptions on file in the Community Development
Department dated August 5, 2021.
5.This permit shall expire on September 28, 2023, unless a business license is issued for the project.
6.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 Nancy Tucker and she
can be reached at 805-748-6880.
7.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.
8.The operator shall conspicuously post a written notice inside the vacation rental with the name, address,
and telephone number of the required contact person. 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.
9.Based upon the size and location of the three (3) bedrooms in the single family residence and the
character of the neighborhood, a maximum of eight (8) guests may stay in the single family residence as
a vacation rental at any one time in accordance with Municipal Subsection 16.52.230.C.9 (2 occupants per
bedroom and 2 additional occupants).
10.No on-site advertising is permitted in conjunction with the vacation rental.
11.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.
Page 28 of 176
PLOT PLAN REVIEW 21-029
SEPTEMBER 28, 2021
PAGE 3
BUILDING AND LIFE SAFETY DIVISION
12.The applicant shall comply with the current California Codes including the specifically adopted City of
Arroyo Grande provisions.
13.A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for
inspections.
The decision will be reported to the Planning Commission on October 11, 2021. Per Municipal Code
Subsection 16.16.080.C.6, a notice of the decision will also be mailed to all property owners of parcels within three
hundred feet (300’) of the vacation rental. If you disagree with the Community Development Director’s decision,
you may file an appeal to the Planning Commission no later than October 11, 2021 at 5:00 pm. If you have any
questions, please contact the Community Development Department at (805) 473-5420.
Sincerely,
Brian Pedrotti
Community Development Director
Patrick Holub
Assistant Planner
cc: Building Official
Accounting Manager
Page 29 of 176
Attachment 4
Page 30 of 176
Section 5: Appeal Cover letter statement:
We, the appellants and neighbors, strongly appeal and call for an application denial to
1562 Strawberry Avenue’s application to become a Vacation Rental (VR) property.
The application submitted does not meet the performance standards for vacation rentals
in multiple areas as this appeal will demonstrate. It is our intent to cause this application
to be met with the result of a denial. We do not wish for our appeal efforts to serve as an
opportunity to collaborate with the applicant or City’s efforts to help point out
shortcomings to the applicant that lead to cooperative corrections based upon our appeal
content, as appears to have occurred in a number of previous VR appeal actions in
Arroyo Grande. It is our position that this VR is not an appropriate or legitimate
development to our neighborhood, and that the application does not meet the standards
required to be approved.
Beyond significant concerns relating to inappropriateness and unsuitabilies between VR’s
with Neighborhood communities in general, there are additional substantial issues
between this VR and our specific neighborhood. There exist a number of relevant
restrictions and limitations that should have been addressed relating to this application,
but do not appear to have even been considered through the process so far.
There is also the major fact that the PPR VR application filed for 1562 Strawberry Ave
contains multiple seriously disqualifying attributes as outlined in this appeal package
including violations of: due process, notifications, performance standards and
requirements and of the VR application itself.
We, and our neighbors, did not move into this very special custom designed, and
approved as such, family suitable neighborhood with a desire or expectation to live in
close proximity to hotels, motels or short-term vacation rentals and thank you for your
attention to this extremely important matter. This VR application also violates the intent
and purpose of code for VR properties in close proximity to residential single family
zoned neighborhoods.
The fact that the city are currently reassessing code and processes relating to VR’s only
further highlights that the present processing for possible approvals of VR applications is
out of synchronization with what VR’s are inappropriately trying to become.
Appendix A1 contains a copy of the Berry Gardens Specific Design Plan.
Appendix A2 is a small sampling of well documented typical VR complaints.
A general outline is listed on next page for your reference and convenience:
Page 31 of 176
5.Appeal re: 1562 Strawberry Ave (PPR 21-029)
a.Invalid/Inappropriate/Flawed application
i.PPR checklist: issues, violations, & failures
1.Issues
a.Table I (form and comments)
ii.PPR application: issues, violations, & failures
1.Issues
a.Table II (form and comments)
b.Also violates terms of associated business license
2.Mailing list utilized is disqualifying
a.Tables III and IV
3.Local contact(s) is not valid
iii.Unique considerations/objections
1.Appropriate conditions and restrictions
2.VR usage conflicts with approved neighborhood design
iv.Global considerations/objections
v.VR already exists within 300’ of the property application
b.VR approval process presently in place is not appropriate
i.Process and implementation is not appropriate
1.Motel style usage of VRs is a very negative development
2.Due process has not been followed
3.Time given to file an appeal is insufficient
4.Complaints and problems not properly processed or known about
5.VR’s are not adhering to city code
6.Specific VR suitability and conditions not being considered
7.Updated appropriate ordinances are needed
8.Offsite parking should not be allowed similar to county code
9.VR’s result in further losses to available and affordable housing
which is already a serious problem in AG.
c.Appendix
a.Appendix A1: Berry Gardens design plan
b.Appendix A2: small sampling of well documented
typical VR complaints.
Appeal General Outline:
Page 32 of 176
Plot Plan Review 1562 Strawberry Ave, Arroyo Grande, 93420
Application is incomplete resulting from the following items missing from PPR checklist
completion:
2A. No location and dimensions mentioned on supplied drawings
2B. No scale or north arrow on drawings
2C No area location map with the distance to nearby cross streets and showing natural
made landmarks on drawings
2D. No location, name, width and pavement type of adjacent street or alleys, and no
location of existing curbs, gutter or sidewalks on drawings
2E No location, dimensions and use of existing and proposed structures on the property,
including accessory structures, trash enclosures, deck, balconies, exterior lighting,
structures, and other structural elements that protrude into the yard area (no inclusion of
the hot tub and fire pit) noted on the drawings
2F. No location, dimensions, and types of existing and proposed utilities, including water
supply, sewage disposal facilities, electricity, gas, or other utilities, Existing and proposed
public and private easements missing from the drawings.
2 G. No location and dimensions of existing or proposed driveways and parking areas on
the drawings
2 G1. No type of surfacing materials, parking spaces, aisles and flow of traffic noted on
the drawings
2 G2. No parking spaces noted on drawings
2 G 5 No flow of traffic noted by arrows on the drawings
2 H No general location of any topographic or man made features o the site noted on the
drawings.
2I No approximate location and general description, including species and trunk and
canopy diameter of all trees upon the property noted on the drawings
3. No grading plans
5. No preliminary title report included
-Additional items that may have been missed by this assessment are likely.
5 a i 1
Page 33 of 176
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
PLOT PLAN REVIEW
300 E. BRANCH STREET | ARROYO GRANDE, CALIFORNIA 93420 |(805) 473-5420
www.arroyogrande.org | agcity@arroyogrande.org
PAGE 1 OF 2
0The following list includes all of the items you must submit for a complete application. Some specific types of
information may not apply to your particular project and, as noted, some items may only be required in certain
circumstances. If you are not sure if a specific requirement applies to your project, please ask the Community
Development Staff. A copy of this list will be used to check your application for completeness after it is submitted. If your
application is not complete, a copy of the list will be returned to you with additional requirements noted.
FOR STAFF USE ONLY
DATE SUBMITTED DATE DEEMED COMPLETE CHECKED BY CASE NUMBER
Applicant City REQUIRED ITEMS
☐ ☐ 1.Completed application form and payment in full of applicable fees for processing the
application.
☐ ☐
2.Seven (7) copies of a plot plan drawn using a standard engineer’s scale. (Approval
necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50.) Plot plans shall be neatly
and accurately prepared, enabling ready identification and recognition of submitted
information, and folded to 9” x 12” size, showing:
☐ ☐ A.Location, exterior boundaries, and dimensions of the entire property that is the
subject of the application.
☐ ☐ B.The scale of the drawing and a north arrow shall be indicated.
☐ ☐
C.An area location map showing the proposed project site and its distance from
nearby cross streets and natural or man-made landmarks, as necessary to readily
locate the site.
☐ ☐
D.The location, name, width, and pavement type of adjacent street(s) or alley(s), as
well as the location of existing or proposed curbs, gutter, or sidewalk
improvements.
☐ ☐
E.The location, dimensions, and use of all existing and proposed structures on the
property, including accessory structures, trash enclosures, decks, balconies,
fences, walls, exterior lighting structures, signs, and other structural elements that
protrude into yard areas.
☐ ☐
1.When the use of a proposed structure is not certain at the time of
application, the occupancy-type, as defined by the Uniform Building Code,
may be submitted for use.
☐ ☐
F.The locations, dimensions, and types of existing and proposed utilities, including
water supply, sewage disposal facilities, electricity, gas, or other utilities. Existing
and proposed public and private easements shall be shown.
☐ ☐ G.The location and dimensions of existing or proposed driveways and parking areas
(enclosed or open), including:
☐ ☐
1.Type of surfacing materials, parking spaces, aisles, and identification of any
driveway grades over ten (10) percent. The flow of traffic should be noted by
arrows.
5 a i 1 a
Page 34 of 176
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
PLOT PLAN REVIEW
300 E. BRANCH STREET | ARROYO GRANDE, CALIFORNIA 93420 |(805) 473-5420
www.arroyogrande.org | agcity@arroyogrande.org
PAGE 2 OF 2
Applicant City REQUIRED ITEMS
☐ ☐ 2.Parking spaces.
☐ ☐ 3.Aisles.
☐ ☐ 4.Identification of any driveway grades over ten (10) percent.
☐ ☐ 5.The flow of traffic noted by arrows.
☐ ☐
H.The generalized location of any major topographic or man-made features on the
site, such as rock outcrops, bluffs, streams and watercourses, or graded areas. A
topographic map may be required by the Community Development Director.
☐ ☐
I.The approximate location and general description, including species and trunk
and canopy diameter, of all trees upon the property or off-site but affected by
the project. Include notations regarding their proposed retention and
destruction, and notations regarding general type of vegetation in areas not
occupied by trees.
☐ ☐ 3.Seven (7) sets of a grading plan and drainage plan (folded to 9” x 12” size).
☐ ☐
4.Seven (7) sets of preliminary floor plans (folded to 9” x 12” size), drawn using standard
engineer’s or architect’s scale, for each story of each building or structure, showing
the following:
☐ ☐ A.Location of walls, doors, and windows.
☐ ☐ B.Identification of activity areas.
☐ ☐ C.Placement of window and door locations on floor plans in coordination with the
elevations.
☐ ☐ 5.Preliminary landscape and irrigation plans prepared by a licensed landscape
architect or as approved by the Community Development Director.
☐ ☐ 6.An Administrative Sign Permit application may be required to be processed
concurrently with the Plot Plan Review for any use proposed to have signs.
☐ ☐ 7.An Architectural Review application may be required to be processed concurrently
with the Plot Plan Review if modifications to the exterior of a building are proposed.
☐ ☐ 8.Two (2) copies of a preliminary title report for the subject property dated within the
last six months, as determined by the Community Development Director.
☐ ☐ 9.All plans submitted shall be collated and stapled on the short end of the plans.
☐ ☐
10.Electronic copies of all document submittals in PDF format on USB or CD. Electronic
plans shall include one (1) high-quality version for reproduction and one (1) version
optimized for web posting.
Page 35 of 176
5.a.ii.1.a: application notes (also see copy of application (table II))
Violations of application of the plot -permit required for approval of Vacation
Rentals include:
1)The application for 1562 Strawberry Ave is incomplete. See notes and
attachments.
a) Dimensions are missing from the required floorplan. See attachments.
Additionally: This plot plan does not provide sufficient information to assess Item 3.
performance criteria specifically All Building Code and Fire Code requirements for the
level of occupancy of the vacation rental shall be met: Knowing The International
Residential Code (IRC) includes requirements for building a bedroom and covers
requirements, such as minimum square footage, ceiling height as well as emergency exits
and electrical outlets, Fire life safety devices, carbon monoxide detector have been
installed and fire protection equipment is installed (fire extinguisher included).
And: The California Code of Regulations, IRC Section R304.1 establishes that habitable
rooms have a minimum area of 70 square feet, but we do not know the room sizes from
the diagram.
And: 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. But no house
in this area has 8 people living in it.
b) Items missing from the backyard including hot tub and firepit.
c) The garage is listed as part of the parking plan, but has been converted into a
games room/living space which makes the space unavailable for the use of parking.
d) Building size is not indicated. The planner needs this information to understand if
it meets All Building Code and Fire Code requirements for the level of occupancy of the
vacation rental shall be met.
e) Regarding omission of zoning and parcel size: 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.
f) Anticipated number of clients is not indicated.
g) Night time lighting is not indicated: All Building Code and Fire Code
requirements for the level of occupancy of the vacation rental shall be met. Night time
lighting specifically speaks to the fire code chapter 10 egress + 18.120.080 Lighting in
the residential lighting zone including footcandles of .3
5 a ii 1
Page 36 of 176
h) Entities and/or indivduals with a financial interest in this project are not listed in
section V as required, even though the property is owned by a trust.
i) It does not appear that Kathy Kelly or Digs Vacation Rentals is an authorized
agent for this application:
Cal. Code Regs. Section 999.326 - Authorized Agent (a) When a consumer uses an authorized
agent to submit a request to know or a request to delete, a business may require the authorized
agent to provide proof that the consumer gave the agent signed permission to submit the
request. The business may also require the consumer to do either of the following:
(1) Verify their own identity directly with the business.
(2) Directly confirm with the business that they provided the authorized agent permission to
submit the request.
Because the application is substantially incorrect and was not complete, the application
should be denied.
Further information Re: Parking:
Applicant claims 4 off street parking spots. They have converted the garage into
a games room, complete with game tables, with no attempt to use the garage
for its intended purpose of parking of cars (see attached photos). The driveway
is very short, and any large vehicle will stick out into the pathway obstructing
walkers etc. A problem has already recently arisen due to a contractor parking
half way into the street obstructing traffic because he could not fit his truck and
trailer in the driveway. Being a cul-de-sac, 4 additional parking spots on the road
would create parking issues, in addition to creating difficulty for garbage trucks,
street sweepers and service vehicles to turn around.
The applicants have in effect converted their garage space into a living space. It
is noted that the applicant does not include this on the drawings submitted to
the City Council. The Arroyo City Council code clearly states that to acquire a
business license (which is required for a Vacation Rental) that “No home
occupation shall be conducted in the garage. The garage must be kept clear for
the parking of vehicles at all times.” In this instance the applicant is operating
its business from a home in Arroyo Grande and using the garage for business
purposes. Therefore, the applicant is violation and their application for a
Vacation Rental should be denied.
Also: Per 16.16.210 - Business license clearance: 2a. Reuse of Existing Structures.
Approval of a business license application that proposes establishment of a different
business in an existing building or structure shall be subject to the provisions of
subsection (C)(1) of this section and, in addition, shall be subject to the following:
Page 37 of 176
a.The proposed business site shall provide for the number of off-street parking
spaces, driveway, and parking lot improvements as required by Chapter 16.56.
16.56.010 - Purpose and intent. The purpose of this chapter is to ensure the
adequate provision of parking facilities proportionate to the needs created by the
various land uses within the city. In providing adequate parking facilities, it is the
intent of this chapter to: A. Alleviate or prevent on-site and off-site traffic
congestion and hazards; B. Ensure the maneuverability of emergency and service
vehicles; C. Provide safe, accessible, convenient, attractive, and well-maintained
off-street parking areas; D. Protect residential neighborhoods from the effects of
vehicular noise and traffic by uses in adjacent nonresidential districts.
j) Emergency contacts listed are not valid. One is not associated with the application
(Erika McCann), and the other (Kathy Kelly) is further than 15 minutes from the
property.
Page 38 of 176
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
MINOR PROJECT APPLICATION
The purpose of this form is to advise the City of the basic components of the proposed project so that the City can accurately evaluate the proposal for
compliance with applicable ordinances and policies. Providing accurate and complete information and plans will help ensure prompt processing of this
Use additional sheets when necessary. Please be aware that applications that are inconsistent with the City's General Plan or Development Code application.
will not be accepted as complete. The City is available to assist in filling out this form; please refer any questions to the Community Development Department
and we will be happy to assist you.
FOR STAFF USE ONLY
DATE SUBMITTED DATE DEEMED COMPLETE CHECKED BY CASE NUMBER
08/02/2021 September 28, 2021 Patrick Holub PPR21-000029
COMPLETION OF THIS FORM IS NECESSARY FOR THE FOLLOWING APPLICATIONS. PLEASE INDICATE THE TYPE OF APPLICATION(S) YOU
ARE REQUESTING:
Permit Type: Plot Plan Review
Plot Plan ReviewPermit Subtype:
INFORMATION TO BE SUBMITTED WITH THIS APPLICATION
A. Refer to the checklist (available from the Community Development
Department) for those items required to be submitted for each type of project
B. Include any other information that will help explain your proposal or
better clarify your particular situation.
I. GENERAL INFORMATION
Applicant: Digs Vacation Rentals Phone: (M): (W): 805-975-
8338
Applicant's Address: PO Box 1771Templeton, CA 93465 Email: Kathy@DigsVacationRentals.com
Representative: Digs Vacation Rentals Phone: 805-975-8338
Representative's Address: PO Box 1771Templeton, CA 93465 Email: Kathy@DigsVacationRentals.com
Property Owner: GOROSKI FAMILY TRUST Phone:
Owner's Address: 1562 STRAWBERRY AVE
ARROYO GRANDE, CA 93420
Architect (if any): Phone:
Architect's Address: Email:
Engineer (if any): Phone:
Engineer's Address: Email:
Please indicate if correspondence should be sent to:all
Applicant Representative Property Owner Architect Engineer4
5 a ii 1 a: Table II
Page 39 of 176
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
MINOR PROJECT APPLICATION
II. PROJECT DESCRIPTION
Street Address: 1562 STRAWBERRY AV Zoning:
Assessor Parcel No.: 077131042 Parcel Size:
General Plan Land use Designation:
Legal Description of Existing Lot: CY AG TR 2471 LT 9
Building Sizes in Square Feet:
Existing Proposed
Describe the Proposed Project in Detail:
Vacation Rental EMERGENCY CONTACTS: Erika McCann Kathy Kelly
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
MINOR PROJECT APPLICATIONPage 40 of 176
III. COMPLETE THIS SECTION FOR LARGE FAMILY DAY ACRE PERMITS, PLOT PLAN REVIEWS, AND TEMPORARY
USE PERMITS ONLY
1. Indicate the proposed hours of operation (DAYS AND TIMES):
2. Estimate the number of employees
Total:Maximum Shift:Time of Maximum Shift:
3. Indicate the number of patrons, clients, customers, etc. anticipated:
Average per day:Peak Hours:
4. Number of off street parking spaces to be provided: (if applicable show breakdown as to use)
Total: 4 Garage (enclosed): Yes Covered:Open:
5. Describe any night-time lighting that will be provided, including the type of lighting to be installed:
IV. COMPLETE THIS SECTION FOR CERTIFICATES OF COMPLIANCE, LOT LINE ADJUSTMENTS, AND LOT
MERGERS ONLY
Number of existing lots:
Size of existing lots (in square feet):
Number of proposed lots:
Size of proposed lots (in square feet):
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT
MINOR PROJECT APPLICATION
V. COMPLETE THIS SECTION FOR PROJECTSALL
Due to recent interpretation and legal amendments to the Political Reform act of 1974, the City needs to be aware of all entities (i.e. corporations,
lending institutions, etc. or individuals that may have a financial interest in the proposed project. All LLCs shall provide relevant Articles of
Incorporation in order to disclose all financially interested entities. Please complete the following certification and provide your signature:
The following entities and/or indivduals have financial interest in this project:Page 41 of 176
Page 42 of 176
5 a ii 1 a: Table IIb
Page 43 of 176
5 a ii 1 a: Table IIc 1
Page 44 of 176
Page 45 of 176
5 a ii 1 a: Table IIc 2
Page 46 of 176
Page 47 of 176
Section 5a ii 2: Mailing list used is disqualifying
It is an essential part of due (and appropriate) process for the appropriate impacted
citizens to be notified of a VR’s application. As per city code, all homes within 300 feet
of the subject application property are to be included in notification.
That did not occur in this case, and as such is sufficient grounds for denial of the
application.
Out of the only 45 addresses on the mailing list used by the applicant, including
themselves, properties beyond the 300 feet which are not addresses for property owners
within 300 feet are included in this total, and incorrect names are listed against addresses.
A cursory analysis indicates that a minimum of 69 properties fall within the 300 foot
area. This number does not include the large number of individual units at the complexes
at Oak Park Village apartments and Courtland Street Apartments.
The application approval process requires the applicant to provide a mailing list of ALL
property owners with an 300ft radius of the proposed Vacation Rental. A map analysis
indicates at least 69 properties fall within this area (including multiple residences). The
applicants mailing list of only 45 owners/addresses, leaves a significant number of
property owners who did not receive notification and therefore were forfeited the right to
appeal. This is in violation of the application process and therefore the application
should be denied.
Curiously, in the applicant’s 45 addresses provided, a number of them are residential
addresses that are outside of the 300 foot buffer, but are not addresses of owners of
properties inside the buffer further reducing the amount of correct and effective
notification. There are also incorrect names of owners contained in the applicants list.
It would also seem at a minimum, reasonable, that tenants that are not home owners have
a vested interest in the application for a VR within 300 feet of where they live. In this
particular case, that covers in excess of 150 individuals in very close proximity that may
not have received any notification at all of this VR application which will seriously
impact them.
See table III (Properties within 300’ of 1562 Strawberry Ave)
See table IV (The actual mailing list used for the VR application for 1562 Strawberry
Ave)
Page 48 of 176
5 a ii 2 Table III
Page 49 of 176
----------Applicants mailing list----------
----------Applicant utilized mailing list----------
5 a ii 2 Table IV
Page 50 of 176
----------Applicant utilized mailing list----------
----------Applicants mailing list----------
5 a ii 2 Table IV
Page 51 of 176
Section 5a ii 3: Local single contact is invalid
On the mail circular advising the application of the VR and detailing the emergency
contact, the applicant has listed two points of contacts which is not a single point of
contact as it should be. Additionally one is not in accordance with the performance
requirements of the City Council code anyway, and therefore another failure of the
application.
These contacts listed are (1). The applicant’s mother who lives in Grover Beach and
within a 15-minute drive of the VR property. (2). The applicant’s property manager,
which is based in Atascadero (a disqualifying 40+ minute drive from the VR property)
This is confusing for local residents, and the intent would seem to divert complaints to
the property manager that is not within the required distance per required performance
standards and not the required emergency contact per the City performance standards. It
is noted that the mother would have no formal knowledge or direct dealings with the
proposed vacation rental tenants and their booking and is only a point of contact of little
relevance who might serve to field complaints back to the property manager. This is a
disingenuous attempt to circumvent the City ordinances and requirements, which
specifically states that it is the “Emergency Contact” who needs to be available 24 hours
a day, 7 days a week, to respond to the complaints in person or by return telephone call.
Having a responsible contact that is not within a 15 minute drive from the proposed
vacation rental is in violation of the application process and therefore the application
should be denied.
The related Municipal code states: the contact person/entity – it is to be one person or
one entity not a series of individuals it negates the process which was described in the
ordnance being approved by the city council, it degrades the emergency and ability to
meaningfully aspects of a contact if an alternate person thinks the other contact are the
contact or no one picks up the phone at one or more contact points.
Definitions of 16.04.070 “shall” is mandatory - …”vacation rental shall, at all times
while the property is being used as a vacation rental, maintain a contact person/entity”.
Two or more emergency contacts that is not the intent of the code
See below performance criteria :
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-minute drive of the
property. The contact person or entity must be available via telephone twenty-four (24)
hours a day, seven 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 hours between
seven a.m. and nine p.m., and within thirty (30) minutes between nine p.m. and seven a.m.
Page 52 of 176
5 a iii 1 Considerations and Restrictions
It is highly probably that a VR will likely to create loud or unreasonable noise that
disturbs others and is not in keeping with the character of the surrounding neighborhood
(see attached list of sample complaints). There are children with medically diagnosed
noise and light sensitivities which are exceedingly likely to be exacerbated by the
presence and obvious implications of a vacation rental this near their home during the
daytime and their bedroom when he is trying to sleep. In our instance, we would have to
develop a new solution for our child’s bedroom location, as it currently overlooks the
back yard of the vacation rental and is close enough to hear every conversation from the
backyard and the adjoining areas. Exterior lights and light from flames also are
distracting when left on beyond reasonable hours. Is it reasonable that we may have to
move our child’s bedroom location to an alternate undesired location, and maybe even be
forced to move house due to such disturbances (which will potentially occur again and
again with every new guest).
Trash: Many complaints regarding vacation rentals detail the unpleasant pile up and
smells from trash left from vacation rental guests, It is a fact that vacation rentals
generate more trash than a normal residence. Our trash pick-up in Berry Gardens is
Friday morning, and if someone is not responsible for putting out the trash on that day it
would be left to pile up. Also, if the vacation rental guests put the trash on the curbside
on Monday after they leave from their weekend stay, then the trash will stay on the street
all week, reducing parking and leaving unsanitary conditions. Once the trash is collected,
who is responsible for bringing the trash cans in off the road, especially as the property
manager is located in Atascadero? Will the City provide additional collections when
required, and how will they know when to do this? There is no current plan outlined in
the VR application for trash management and this is clearly not in keeping with the
existing character of the neighborhood and will create an adverse impact on adjacent
properties.
Trash collection and the cul-de-sac of Strawberry Ave, where the vacation rental is to be
located, is also made difficult because of existing parking on the street and the tight turn
around at the end of the cul-de-sac, especially when trash cans are needed to be offset
from the curb in order for the truck to pick them up (and consider each house has three
trash cans each). The trash collection trucks need to do careful three point turns in order
to avoid cars parked on the street. If there is additional parking created by the vacation
rental this could mean that trash collection will be severely hampered.
Street Sweeper: The street sweeper could also be prevented from adequately cleaning
the cul-de-sac, again due to being blocked by increased parking on the road and inability
to get around the end of the cul-de-sac.
Page 53 of 176
5 a iii 2:
Conflicts with approved design and objectives of Berry Garden Specific Plan (See
Appendix A1).
Berry Gardens was proposed as a neighborhood housing development in September
1998, as detailed in the Berry Gardens Specific Plan, and provided the City with an
additional 170 affordable homes to the Arroyo City area.
Specifically, the General Plan Policies section states the neighborhood should be built to
be compatible with “Arroyo Grande’s rural, small town atmosphere”, and that the
subdivision “encourage provision of homes that simulate a rural small town, custom
home atmosphere”. The intent was to create a community neighborhood that was rural
in feel and character.
Importantly it was designed to encourage “low and moderate income housing’’. It was
not designed for investors to buy up housing stock for use as vacation rentals and lodging
commercial businesses, and does not speak to being developed as a beach town tourism
precinct with amenities, such as additional parking for more guests than the bedrooms
allow, and trailers with beach vehicles and boats.
In fact it was designed so that garages and driveways would take parking off the roads
and the community would enjoy walking safely around the neighborhood: “detached
sidewalks with large landscaped “parkways” to provide for enhance pedestrian activity
with residential areas.”
The plan’s purpose was to “create a diverse range of ownership housing types and enable
a more compact single family detached and patio home residential pattern allowing for a
higher density…. proposing smaller individual lots than conventional developments.”
This meant that the “small town atmosphere” would be kept by neighbors being mindful
of the sound transference between the very closely positioned houses due to the small
lots. Lodging businesses and vacation rentals are often used for family gatherings and
parties, which bring greater than usual sound disturbances, traffic and a clientele who
often don’t care about those who are occupying residences around them.
The existence of vacation rentals as businesses lodges in this neighborhood clearly goes
against the purpose and intent of the vacation rental code, which specifically says that
they should “conform to the existing character of the neighborhood in which they are
located and do not create adverse impacts on adjacent properties.” Vacation Rentals
located in Berry Garden clearly do not conform to the character of Berry Gardens
outlined in the Specific Plan and will create adverse impacts on adjacent properties,
especially in relation to sound transference and parking.
There are many examples where the influx of out-of-town visitors upsets the peaceful
enjoyment of long-standing residential neighborhoods (see attachment of sample
Page 54 of 176
complaints). Short-term renters have no stake in the community, and therefore no reason
to care how the neighborhood around them suffers from their vacation activities.
Vacation rentals decrease the ability for families to own and live in the neighborhood like
Berry Gardens. They will take away from the purpose and intent of this neighborhood
which was agreed on by the City Council and developed.
Page 55 of 176
Section 5a iv Global considerations:
The Berry Gardens, Arroyo Grande area attracts people to live there for a number of
reasons, but some of the most important and common ones include to live in an area
conducive to raise a family and experience peaceful enjoyment. As much as it is a nice
area, it is not compatible with a transient beach tourism. The housing lots in this
community are by design quite small (refer to Berry Gardens Specific Plan) with very
close neighboring properties where you can hear nearby home activity than most people
would usually hear from a single-family residence. Residents did not move into this
neighborhood with a desire or expectation to live next door or on the same street as
proximity to hotels, motels, short-term vacation rentals or any type of lodging business. If
the City has a need to support more tourism accommodation, they truly should consider
supporting more motels and hotels in appropriate commercially zoned areas.
It is easy to understand circumstances often exist where a house that was previously a
family home might be moved out of, and not sold. Life provides all of us with many
changes. Many homes in those circumstances are turned into long term rental units.
Nothing about long-term rental units is a blatant compromise to the characterization of
this neighborhood. But turning single family residences into short term Vacation Rentals
and lodging businesses in this particular area turns the area into a strongly conflicting
environment which it is not meant to be.
A persistent high tenant turnover from short-term vacation type renters brings many less
desirable traits to an area. Unstable environment, higher traffic with a reduction in safety
to the cul-de-sac that many of us moved here for our children to play in with expected
light traffic, increased emissions of noise, local street parking issues, trash issues, a
multitude of never-ending transient strangers around our susceptible children and senior
citizens for short periods of time where the transients often have little incentive to behave
in a neighborly way since they will only be there, on vacation, for a very short time,
likely diminishment of property values, particularly to homes in close proximity to a
vacation rental.
The proposed application for 1562 Strawberry Avenue as a Vacation Rental does not
comply with the purpose and intent of the code and regulations, as this property, as a
vacation rental, does not conform to the existing character of the neighborhood in
which it is located and will create adverse impacts on adjacent properties and could
impact over 500 residents who live within the 300ft buffer zone. Such impacts are not
addressed by the current performance standards and ordinances and therefore the
application should be denied. Here are a number of issues which do not conform to the
existing character of the neighborhood and will cause adverse impacts on adjacent
properties:
1)Noise transference and disturbance: The proposed vacation rental has a wall
space of 14ft from its neighboring residential properties and shares a common
fence-line with the Courtland Street Apartments. As such there is a great degree
Page 56 of 176
of noise transference from both houses. If windows are open, conversations can
be heard from the proposed vacation rental kitchen and living room, and from
across the fence-line in the back yard. Noise and conversations (including any
profanities) can also be heard by the 150 plus residents in the adjacent
Courtland Street Apartments as well as neighbors to the left and right of the
property in question. The owner of the proposed vacation rental is encouraging
parties at the house, converting their garage to a games room (complete with 2
large game tables), and will market the yard with the hot tub and fire pit as
places to congregate and potentially party. Similar marketing appears on the
property management website for a property only blocks away: “Enjoying a BBQ
with the whole gang. It is the perfect location for… 2 or 3 couples or a girl’s
getaway.”
While there are restrictions by the performance standards relating to how many
people can sleep in the house, there are no performance standards relating to
how many people can visit the house (i.e. parties and family gatherings). With
the potential of many more people being able to use the amenities this would
have an adverse effect on the local community and not be in keeping with the
character of the neighborhood. There are many complaints of vacation rentals
actively being marketed as party houses with not just “adverse effects on
adjacent properties,” but also for the entire neighborhood. (see sample
complaint document for examples)
It is noted from the Berry Garden design plan “to enable a more compact single
family detached and patio home residential patters, allowing a higher density…
The project proposes slightly small individual lots than conventional
developments.”
2)Visual disturbances: Many occupants of the multistory Courtland Street
apartments can see directly in the rear yard of the proposed vacation rental.
Many of these occupants are families with young children. As such they may see
visitors to the vacation rental have parties, get drunk, vomit, be naked in the hot
tub, have sex, or other lude acts, in addition to be subject to smoke from
marijuana. These apartment residents, because they are renters, would not
have the ability to use the complaint system outlined in the ordinances. This
creates an adverse effect on the local community
3)Megan’s Law, should apply to Vacation Rentals bookings. Those visiting could be on
parole, have prior convictions for rape and pedophilia. With many families residing
in the 300ft buffer, particularly in the Courtland Street apartments, this places a
huge risk within the community and could create an adverse effect on the local
community
a.Allowing Single Family residences either purchased or long term rentals
can circumvent laws like SB-1143 which are housing restrictions intended
Page 57 of 176
to prevent sex offenders from residing or renting near schools, parks and
child care centers and to maintain public health, safety and general
welfare. When a vacation rental is approved, we have created a short
term transient nature accommodation allowing for a loop hole in the
housing market which gets violent offenders closer to our parks and
schools by providing accommodations hence the need for transient
occupancy tax.
b.This VR is within 2000 feet of a park where children regularly gather, and
Living Within 2000 Feet of a School or Park Where Children Regularly
Gather is also addressed in a protected Penal Code section 3003.5(b), the
law enacted by ballot initiative in 2006 prohibiting registered sex
offenders from living within 2,000 feet of a school or park.
4)Security: Like the above-mentioned point, there are not backgrounds checks on
potential renters of a VR. The fact that strangers come and go on a daily and weekly
basis in a neighborhood is a security issue for a neighborhood. There have even
been examples where guests of VR’s will lie on their application as to who is staying
in the property, and as there is no on-site supervision or checks, rent the property
for parties.
5)As water usage is an important issue for the City Council, the inability to regulate
water usage at the proposed vacation rental could mean that excess water use
would occur, adding to our drought-stricken city issues. Tourists often do not care
about their water use, because they are not personally responsible for the water bill.
This can have an adverse impact on the local community,
6)Trash: There is only one trash collection for the street weekly, on a Friday. Which is
very convenient for weekend renters that leave full trash cans behind for the
majority of the week before it is picked up again on Friday. There are no provisions
for who takes the trash out to the street and brings the trash cans in within the
performance standards. Trash may be left out on the street for days before pick up,
and the cans not brough back in for days after collection. This would add to the
parking issue on the street, as well as create unsanitary situations, especially if the
racoons and other animals raid the trash cans left on the street. This would also be
amplified if there are multiple residents in a given week, where trash is left to build
up. Inadequate trash management is not addressed by the performance standards
and therefore the application should be denied on the adverse impact on the local
community. An additional trash pickup could help to address this problem and
should be a requirement.
7)Increase in traffic: As the house allows for an additional 4 cars, plus there will be
increased traffic from frequent cleaners, tradespeople, and uber drivers, there will
Page 58 of 176
be a substantial increase in traffic on a very small cul-de-sac. This could also lead to
dangerous situations as many children play in the street, ride their bikes, and elderly
and local residents often walk along the pathways. This would adversely affect the
character of the neighborhood and create an impact on the local community.
8)Parking: Although parking is allocated to garage spaces in the VR application, the
intent of the applicants is not to have the vacation rental vistiors park in the
garage. (see attached photos of the garage turned into a games area). This
leaves limited parking on the very short driveway and parking in the street. Any
large vehicle parking in the driveway will stick out into the pathway, restricting
residents use of the pathway. Being a cul-de-sac, 4 additional parking spots on
the road would create parking issues for local residents, be difficult for garbage
trucks, street sweepers and service vehicles to turn around. In addition, the
main tourists to the area reside from the Valley who come to the county for the
beach. As such they bring trailers of ATV, they come in RVs, and will bring boats
and jet skis. Such traffic is seen only blocks away on Grand Avenue heading for
the Drive-on beach every weekend. There are no regulations which restrict such
items and no ordinance or performance standards to deal with such matters and
therefore their existence on this small cal-de-sac would lead to an adverse effect
on the local community without mitigations such as conditions in place.
It is also noted in the Berry Gardens Specific Plan that this subdivision was
specifically created to reduce the need for parking in the streets: “Garages
which are setback a minimum if twenty feet from back of sidewalk and ten feet
behind living areas reducing the dominance of automobile parking as a
residential design element.” To approve the application where the vacation
rental does not have the off-street parking is in violation of the agreed building
codes which governed the approval of developing Berry Gardens and in changing
the scope of the neighborhood is not in keeping with the neighborhood and will
have adverse effects on the community.
9)Security: The transient nature of vacation rentals and the limited means of
vetting and controlling who is actually staying there could lead to an increase in
crime in the area. The fact that neighbors do not know the occupants and that
there are constantly strangers in the local community will have an adverse effect
on the local community.
10)Loss of property values. Having a vacation rental and the adverse effects they
can cause will lead to loss of property values for nearby residents. This is an
adverse effect on the local community that is not dealt with in the performance
standards or ordnances.
“In fact, a 2015 article in REALTOR Magazine stated that “A single-family home
or condo unit next door to a short-term rental — where the occupants change every
Page 59 of 176
few days — will take longer to sell and bring in lower offers.”
https://travelonthehouse.com/hate-short-term-rentals/
11)Inability of renters to complain if needed: It is noted that renters, of which there
are many who would be affected by the Vacation Rental, including at least two
properties on the small Cal-de-sac and over 200 who are within the buffer zone
at the Courtland Street Apartments and the Oak Park apartments. These valued
residents in the community may not be provided with the “emergency contact”
in order to deal with any disturbances and therefore may feel that have to live
with any adverse effects. Being treated like second class citizens with no rights
when it comes to Vacation Rentals is not dealt with in the performance
standards and could have adverse effects on their way of living and even cause
them to move.
12)Complaint Process: For a VR, “The contact person or entity shall respond, either in
person or by return telephone call, with a proposed resolution to the complaint within
three hours between seven a.m. and nine p.m., and within thirty (30) minutes between
nine p.m. and seven a.m.” This is insufficient to deal with any unruly and disruptive
behavior which needs immediate attention. The only recourse neighbors have is to call
the police or deal with the issues (which are forced upon them) by themselves.
The above mentioned points are not typical issues with long-term renters, homeowners
and even private guests of homeowners in relation to nuisance and are increased due to
the increased number of guests an unrestricted vacation rental can attract. We are not
aware of one single case where long term renters, homeowners, and guests have ever
been a nuisance on Strawberry Ave or within Berry Gardens. It is incorrect for the City to
make this assumption and reason as to justify that vacation rental tourists and local
residents behave the same way. Berry Gardens was designed to create a sense of
community and create a neighborhood environment.
The aim of this vacation rental is not to have occupancy during a short absence or
personal vacation from the applying residence, but to make as much money for the
owners as possible. Therefore, it is in their interest to have as many visitors as possible
to fill every night in which they are making profit. Such turnover creates a motel like
environment which is not in keeping with the neighborhood and has an adverse effect
on the local community. The amount of turnover and disturbance this creates is not
addressed by performance standards or current ordinances.
Page 60 of 176
5 a v: Nearby VR already exists
A VR already exists within 300’ of the property application at 1510 Elderberry Ave.
That VR unit is not permitted to accept reservations for less than monthly terms. A common-
sense minimum term like a month would help to mitigate a number of the problems that this
appeal highlights.
Page 61 of 176
5 b i b: VR approval process presently in place is not appropriate
The issue of numerous Vacation Rentals (VR) properties being approved in established
neighborhoods in single family residential zones is now a serious crisis in Arroyo Grande
and appears to be getting much worse at an accelerating pace with little to no appropriate
oversight of the process or what VR’s are inappropriately changing into. There is a huge
difference in the impact to a community between a VR where property owners might rent
out their home to a single family while they go on vacation for a few weeks per year and
a VR that is effectively a motel for multiple simultaneous families year round. These
circumstances are different enough where they should not fall into the same category for
consideration of approval or permission to operate as a VR.
These developments are particularly unfair for families and properties that live near these
VR properties which are often neither harmonious or compatible with the established
neighborhood and they will suffer a dramatic and particularly adverse impact to the
peaceful enjoyment, safety and community that they moved into and have deliberately
become a part of.
From a review of a recent appeal relating to the house at 1170 Linda Drive (Case:
PPR21-018) it is already well documented that due process is not being followed by the
local government in a number of critical areas, and that inappropriate actions are even
taking place that undermine the process and public trust.
Our family recently received a notification in the US Mail that we live within 300 feet of
the unit covered under PPR 21-029 (1562 Strawberry Avenue) indicating that approval
has already been given for this action.
We, and our affected neighbors, were not given a fair and appropriate opportunity
through due process to have our comments heard in an appropriate forum before a
decision is made. This approval action took place during a meeting that was officially
cancelled and had no agenda. Undue process coupled with a lack of opportunity for
impacted parties to be heard nearly ensures that the application of reasonable conditions
will not have the opportunity to be discovered, developed and applied to this case. In
addition to being bad form and undue process it is a violation of the Brown act.
Although we filed for a copy for related records the next business day after receiving
notification, we were advised that the request may not even be processed until after the
closure of the appeal window further degrading our ability to provide an appropriate and
meaningful response/appeal. Since then we have learned that there are non-compliances
in the application, and that the performance standards and conditions have not been meet
for this PPR.
There is clearly a much greater focus on rapid processing than on due process and
following appropriate and fair procedure. To a resident like myself it is apparent that
there is not appropriate oversight or checks and balances taking place in the process.
The reasonably similar case of 1170 Linda Drive (Case: PPR21-018) well documents in
great detail many objections and concerns which also apply to PPR 21-029 (1562
Strawberry Avenue). In the interest of keeping this correspondence more manageable
5 b:
Page 62 of 176
only this reference is made to that additional relevant material at this time, but it remains
available upon request.
The failure of municipal codes and state statues (listed below) to be properly
implemented has further greatly eroded the right to public process/ due process and
freedom of speech:
The only option to have one’s opinion heard on such a critical civic matter should not be
via the process of filing an expensive appeal. One would expect that government and
community would be even more sensitive to such a consideration during a pandemic
which have placed a number of families under a great deal of additional financial and
other duress. It is our intent and preference to help facilitate appropriate action to be
taken through a collaborative and reasonable request, such as this letter and speaking at
public City meetings.
Although we feel it unjust both procedurally and financially, an official appeal has
become necessary in this (PPR 21-029) instance, so we have taken that action. More
detail on specific objections and concerns relating specifically to PPR 21-029 (1562
Strawberry Avenue) has been included in this appeal and more detail is in development.
We hope to aid in rectifying the overall developing VR crisis and the related lack of due
process, to include our specific case.
It is a great further disservice to the city and our communities to eliminate so many
opportunities for relatively affordable housing to be available to both future owners or
renters to become long term residents and neighbors in Arroyo Grande.
We ask that fairness prevail and that PPR 21-029 as well as all other VR permits be
placed on hold until such time as processes are corrected to ensure that municipal codes
are being properly and professionally followed with an externally conducted audit
verifying that result. Under the circumstances we also believe it appropriate for properties
that have already undergone approval without due process be eligible for further
Page 63 of 176
appropriate review, revision and possible revocations of previous determinations in the
interest of protecting the public health, safety and welfare as well as the rights to due
process.
We sincerely thank you for your time and attention to this most urgent matter and
implore your assistance.
Page 64 of 176
Page 65 of 176
Page 66 of 176
Page 67 of 176
Page 68 of 176
Page 69 of 176
Page 70 of 176
Page 71 of 176
Page 72 of 176
Page 73 of 176
Page 74 of 176
Page 75 of 176
Page 76 of 176
Page 77 of 176
Page 78 of 176
Page 79 of 176
Page 80 of 176
Page 81 of 176
Page 82 of 176
Page 83 of 176
Page 84 of 176
Page 85 of 176
Page 86 of 176
Page 87 of 176
Page 88 of 176
Page 89 of 176
Page 90 of 176
Page 91 of 176
Page 92 of 176
Page 93 of 176
Page 94 of 176
Page 95 of 176
Page 96 of 176
Page 97 of 176
Page 98 of 176
Page 99 of 176
Page 100 of 176
Page 101 of 176
Page 102 of 176
Page 103 of 176
Page 104 of 176
Page 105 of 176
Page 106 of 176
Page 107 of 176
Page 108 of 176
Page 109 of 176
Page 110 of 176
Page 111 of 176
Page 112 of 176
Page 113 of 176
Page 114 of 176
Page 115 of 176
Page 116 of 176
Page 117 of 176
Page 118 of 176
Page 119 of 176
Page 120 of 176
Page 121 of 176
Page 122 of 176
Page 123 of 176
Page 124 of 176
Page 125 of 176
Complaints against Vacation Rentals (Small sample of many)
https://www.sarasotamagazine.com/news-and-profiles/2019/10/airbnb
“Private residential neighborhoods are not intended to be transient areas,” testified Lois Trotochau,
who lives next door to 1406 Westway with her husband, David. Lois says the couple has been forced to
plant more trees to buffer the noise coming from next door and has called the cops on multiple
occasions. “There is no on-site management, no one to keep the rowdy parties under control, no limit
on occupancy, no one to stop 4 a.m. spring break-type parties,” Lois Trotochau told city commissioners.
https://sonomasun.com/2015/10/15/glen-ellen-group-vacation-rentals-are-ruining-our-town/
“Our specific complaints, for which we have documentation, include a dangerous increase in
traffic. In addition to the cars associated with the renters themselves, we see additional traffic from
renters’ guests, limos and busses transporting them to events, and people scouting the rentals.
The number of guests frequently exceeds the advertised guest limit Extra cars park in front of or
in the driveways of neighboring properties. Renters frequently host parties, with music/outdoor
speakers etc. extending past 10 p.m. The noise is extremely disruptive.”
https://medium.com/s/story/heres-what-it-s-like-to-have-an-entire-house-airbnb-rental-as-a-
neighbor-1c2ffa0f5d45
“Despite it being outlawed in the house’s rules, tonight’s Airbnb guests have rented the place for
a party. Sitting in our living room, we can hear the thump of the bass from their music. When it
started, we stepped outside to assess the scene. Partygoers on the patio, a line of Ubers clogging
the street, and two cars flippantly parked in our neighbor’s driveway — leaving nowhere for her
own car when she returned home.
This weekend will no doubt end like all others have since our neighbor turned his spare house into
a fully functioning hotel: The guests will leave, but the mounds of trash they produce will stay
behind.”
https://www.keepneighborhoodsfirst.org/share_your_story
“I have lived next to a short term rental for 3 years. My house was nearly broken into by an out
of control party guest. The police are here every couple months, The pot, the music, the ubers, the
parties are constant.”
https://travelonthehouse.com/hate-short-term-rentals/
“At the least, residents feel uncomfortable with waves of strangers coming and going in their
neighborhood or building. A San Diego resident put it this way: “Uneasy questions abound: How
will these strangers conduct themselves? Will they maintain and respect the tranquility of our
neighborhoods, or are they just here for a good time …?”
Appendix A2
Page 126 of 176
“Those neighbors have good reason to be upset. Far too many short-term rentals are run by remote
hosts and managers who don’t know or care who they rent to or how the guests use the property.
In the worst cases, “guests” turn their short-term rental into a money-maker by renting to other
“guests” or even using the home as a party pad.”
“Many homeowners express concern that too many short-term rentals will reduce the value of
their homes.
According to an opinion piece in the Voice of San Diego, “If sellers are now required to disclose
to buyers even barking dogs and antagonistic neighbors, surely they will have to disclose the
existence of commercial rental activity in the neighborhood.”
In fact, a 2015 article in REALTOR Magazine stated that “A single-family home or condo unit
next door to a short-term rental — where the occupants change every few days — will take
longer to sell and bring in lower offers.”
https://sfist.com/2020/09/22/party-house-rental-in-sonoma-became-scene-of/
“A vacation rental just outside the city limits of Sonoma played host to a Friday night party with
dozens of guests from outside the county, and the party ended with at least 30 shots fired.”
https://www.oregonlive.com/crime/2020/12/four-shot-at-party-in-happy-valley-authorities-
say.html
“Four young people ages 17 to 20 were shot during a party early Thursday at a vacation rental
home in Happy Valley, according to the Clackamas County Sheriff’s Office.”
https://www.islander.org/5-24-06/hb_porn_debate.php
“Holmes Beach Mayor Carol Whitmore wants to keep Holmes Beach from being known as a
"swingers location," following the discovery two weeks ago that a local vacation rental house
was being used by an adult entertainment club for sex parties (The islander, May 17).”
https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2019/06/21/wild-airbnb-
parties-bring-calls-for-crackdown
“I’m concerned about the welfare of our families on Grove [Street], especially after what
happened over the weekend. What’s the plan?” she asked. “Can we have something stricter? I
know it’s an Airbnb and people have their right to make money, but is there something we can
do to make the environment a little more regulated? My family’s home is directly across the
street from the Airbnb. We’re a little concerned.”
Patterson was referring to the fracas in the wee hours of the morning, in which two people were
shot and the alleged perpetrators sped off in a car, only to make an abrupt U-turn and fire more
shots at the home on the way back, according to the Sacramento Bee.”
Page 127 of 176
Attachment 5
Page 128 of 176
Attachment 6
Page 129 of 176
Lile Path Poly� Circle D path D palygon
Me astn � dstance be-.n -pan1Scn hgcu-d
�85 Fttt • ------1]6.85
18.-0degees
Attachment 7
Page 130 of 176
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Assistant Planner
SUBJECT: CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-
005; APPEAL OF PLOT PLAN REVIEW 21-033 FOR THE
ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 263-D
SPRUCE STREET; APPELLANTS – SHARON VALIENZI, ET AL.
DATE: December 7, 2021
SUMMARY OF ACTION:
Adoption of the proposed Resolution would deny the appeal and approve the proposed
project in accordance with the approval granted by the Community Development Director
on October 28, 2021.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
In accordance with Chapter 3.24 of the Arroyo Grande Municipal Code (AGMC), vacation
rentals are required to pay the City transient occupancy tax (TOT) in the amount of ten
percent (10%) of the rent charge by the operator.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution denying Appeal
Case No. 21-005 and approving Plot Plan Review 21-033 (Attachment 1).
BACKGROUND:
Vacation Rental Permitting
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 (Attachment 2). During
the development of Ordinance 663, both the Planning Commis sion and City Council had
discussions about potential issues related to noise, parking, and other general nuisances,
due to concerns expressed by some members of the public. The performance standards
by which a vacation rental application is reviewed were generated from those discussions.
For example, an applicant is required to provide a local contact to address noise and
general disturbance issues that may arise from a short term rental. A 300 -foot buffer
Page 131 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-005; APPEAL
OF PLOT PLAN REVIEW 21-033 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 263-D SPRUCE STREET; APPELLANTS – SHARON VALIENZI,
ET AL.
December 7, 2021
Page 2
between rentals on the same street is required to prevent the oversaturation of short term
rentals in a neighborhood. Ultimately, both bodies came to the conclusion that these
concerns could be addressed by compliance with the performance standards and abiding
by conditions of approval. Additionally, these issues were found to be similar to instances
when long-term renters, homeowners, and even private guests of homeowners are the
cause of these types of nuisances. A vacation rental includes additional protections,
whereby the local contact is available to address any complaints and a property owner is
motivated to comply with the conditions of approval to avoid possible revocation of the
permit. Under the requirements of the Ordinance, the new vacation rental is conditioned
to meet performance standards to minimize adverse impacts on adjacent properties,
ensure appropriate conditions are implemented, and prohibit overconcentration of these
uses in residential districts.
The Ordinance went into effect on July 10, 2014. Since that time, the City has permit ted
seventy-one (71) vacation rentals and forty-one (41) homestays, not including this
application. In addition to this application, staff is currently processing applications for
four (4) vacation rentals. Since the adoption of Ordinance No. 663, seven (7) permits that
were approved by the Community Development Director for the establishment of a
vacation rental have been appealed to the Planning Commission. All seven (7) of the
appeals were denied by the Commission and the Community Development Director’s
decision was upheld. Each of the previous appeals were denied due to the Planning
Commission being able to make the required findings for the Plot Plan Review.
ANALYSIS OF ISSUES:
Basis of the Appeal
The subject appeal indicated concerns about availab ility of parking, an unpermitted
structure in the garage of the residence where the rental is proposed, and parking within
a fire lane.
Vacation Rental Performance Standards
Arroyo Grande Municipal Code (AGMC) Section 16.52.230 outlines performance
standards and conditions required for the operation of vacation rentals within the City.
These performance standards and conditions are intended to ensure vacation rentals
conform to the existing character of the neighborhood and do not create an adverse
impact on adjacent properties. Applicable performance standards are included as
conditions of approval to allow upfront understanding by the applicant of what the City
requires for the operation of the vacation rental. Conditions include items such as having
a structure consistent with the neighborhood, meeting applicable Codes, maintaining a
local contact person, and limiting the number of guests allowed to occupy the rental.
Page 132 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-005; APPEAL
OF PLOT PLAN REVIEW 21-033 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 263-D SPRUCE STREET; APPELLANTS – SHARON VALIENZI,
ET AL.
December 7, 2021
Page 3
Code Compliance
The appeal documents state that there is an unpermitted garage conversion at the
property. While the City has no documentation that the converted room within the garage
was ever permitted, the AGMC does not have a parking requirement for vacation rentals.
Because there is not a parking requirement for vacation rentals, staff does not believe
that the conversion of the garage is basis for denial of the application. A separate Code
Enforcement case has been opened and the abatement of the garage conversion will be
pursued separately. The applicants have stated that the area within the garage is utilized
for storage of the property owner’s personal belongings and that the area is entirely off -
limits to prospective short term renters.
Parking
The residential complex at 263 Spruce Street consists of four separate units. Each unit
has two parking spaces in their respective garage, and the four units have a total of two
(2) uncovered guest parking spaces to share. The appellants have stated concerns
regarding the use of the guest parking space between units C and D as well as concerns
regarding parked vehicles blocking access to unit C’s driveway. Additionally, there exists
a twenty-one foot (21’) access easement to provide ingress and egress to all four units.
The easement terminates ten feet (10’) into the western end of unit D’s parcel, so any
vehicles parked in front of the garage at the rental unit would need to be outside of the
recorded easement. Furthermore, vehicles at the rental property should not be blocking
other units’ vehicles from exiting the property. Staff would be supportive of an added
condition of approval to help address this concern.
Occupancy Limitations
Condition of Approval No. 9 limits overnight occupants of vacation rentals to two (2)
persons per bedroom, and an additional two (2) people. This is to ensure rentals are not
over occupied and detrimental to surrounding residences. An applicant is required to
submit a floorplan as part of the application so staff can verify the number of bedrooms in
a dwelling unit. At 263-D Spruce Street, the multi-family residence has three (3)
bedrooms, therefore the permit was conditioned to have no more than eight (8) overnight
occupants (Attachment 5).
Local Contact Person
Condition of Approval No. 6 requires the vacation rental operators to maintain a local
contact person or entity, within a fifteen (15) minute drive of the property, to be available
to resolve any issues resulting from the use of the residence as a vacation rental. This is
meant to give neighboring property owners a primary means of addressing issues with
the rental instead of relying solely on City services, such as Police, Neighborhood
Services, and Community Development. If in the future the local contact changes, the
applicants are required to notify the City of the new local contact and property owners
within 300 feet would be mailed a postcard with the new contact information. As part of
Page 133 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-005; APPEAL
OF PLOT PLAN REVIEW 21-033 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 263-D SPRUCE STREET; APPELLANTS – SHARON VALIENZI,
ET AL.
December 7, 2021
Page 4
their application, the applicant identified two emergency contacts. The primary emergency
contact is Michelle Gust and she can be reached at 559 -213-9117.
Concentration Limitations
During the Council’s consideration of Ordinance No. 663, concerns were raised regarding
the possibility that an overconcentration of vacation rentals and homestays could
negatively impact the residential character of neighborhoods. In order to address this
issue, the Council included separation requirements in the regulations that prohibit the
establishment of a vacation rental within 300 feet of an existing vacation rental on the
same street. The nearest permitted vacation rental is located at 1091 Ash Street, which
is located approximately 1,650 feet northeast of the subject property (Attachment 6).
ALTERNATIVES:
The following alternatives are presented for the Planning Commission’s consideration:
1. Adopt the attached Resolution denying Appeal Case No. 21 -005 and approving
Plot Plan Review Case No. 21-033;
2. Modify and adopt the attached Resolution denying Appeal Case No. 21 -005 and
approving Plot Plan Review Case No. 21-033;
3. Do not adopt the attached Resolution, take tentative action to approve Appeal
Case No. 21-005, and provide direction for staff to return with an appropriate
resolution including findings for denial of Plot Plan Review Case No. 21-033; or
4. Provide direction to staff.
ADVANTAGES:
Denial of the appeal and approval of the requested plot plan review would allow the
applicants to establish a vacation rental in accordance with City regulations, and provide
the applicants flexibility to use the home to generate supplemental income. The applicant
would also collect and remit TOT from rentals which would be used to help maintain City
streets and services.
DISADVANTAGES:
The establishment of a number of vacation rentals in an established neighborhood could
impact the atmosphere developed in the neighborhood through time. Impacts to noise,
traffic, property values, and neighborhood composition could be observed. However,
concentration limitations and performance standards developed specifically for vacation
rentals were intended to reduce this potential, including the designation of a local contact
person to manage neighbor complaints and prevent overburdening City services.
Additionally, Citywide performance standards, including the Noise Ordinance, also apply
to vacation rentals. If the vacation rental begins operating outside of any of these
Page 134 of 176
Planning Commission
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-005; APPEAL
OF PLOT PLAN REVIEW 21-033 FOR THE ESTABLISHMENT OF A VACATION
RENTAL; LOCATION – 263-D SPRUCE STREET; APPELLANTS – SHARON VALIENZI,
ET AL.
December 7, 2021
Page 5
standards or the conditions of the permit, remedies are made available through the
AGMC.
ENVIRONMENTAL REVIEW:
Staff has reviewed the project in accordance with the California Environmental Quality
Act (CEQA) and determined that it is categorically exempt per Section 15301 of the CEQA
Guidelines regarding existing facilities.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300 feet of the project
site, published in the Tribune, and posted on the City’s website and at City Hall on Friday,
November 22, 2021. The Agenda was posted at City Hall and on the City’s website in
accordance with Government Code Section 54954.2. At the time of report publication, no
comments have been received beyond what was contained in the appeal forms.
Attachments:
1. Draft Resolution
2. Ordinance No. 663
3. October 28, 2021 Approval letter
4. Appeal form
5. Floor plan
6. Vacation Rental vicinity map
Page 135 of 176
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE DENYING APPEAL CASE NO.
21-005 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 request to
establish the vacation rental; and
WHEREAS, on November 8, 2021, an appeal of the approval was filed with the Community
Development Secretary by Sharon Valienzi, et al.; and
WHEREAS, the Planning Commission 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 determined that the
project is exempt per Section 15301 of the CEQA Guidelines regarding existing facilities;
and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project
at a duly noticed public hearing on December 7, 2021; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, that the following circumstances exist and findings can be made:
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
Attachment 1
Page 136 of 176
RESOLUTION NO.
PAGE 2
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, which is available for use
as a vacation rental. 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 Planning Commission of the City of Arroyo
Grande hereby denies Appeal Case No. 21-005 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.
On motion by , seconded by , and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 7th day of December, 2021.
Page 137 of 176
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 138 of 176
RESOLUTION NO.
PAGE 4
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 December 7, 2023 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.
Page 139 of 176
RESOLUTION NO.
PAGE 5
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.
BUILDING AND LIFE SAFETY DIVISION CONDITIONS:
13. The applicant shall comply with the current California Codes including the specifically
adopted City of Arroyo Grande provisions. 14. A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for inspections.
Page 140 of 176
ORDINANCE NO. 663
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 does not regulate vacation
rentals or homestays; and
WHEREAS, the City does regulate similar transient uses with similar impacts such as
bed and breakfast inns; and
WHEREAS, the City Council finds that, unless properly regulated, vacation rentals and
homestays can result in adverse impacts to adjacent properties; and
WHEREAS, the purpose of these regulations is to ensure that vacation rentals and
homestays conform to the existing character of the neighborhood in which they are
located and do not create an adverse impact on adjacent properties; and
WHEREAS, the increasing popularity of vacation rentals and homestays in the City the
implementation of appropriate 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, after consideration of all testimony and all relevant evidence, the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
A. The proposed revisions to Title 16 are required to ensure consistency with the
objectives, policies and implementation measures of the General Plan,
particularly the Land Use Element, and is therefore desirable to implement the
provisions of the General Plan.
B. The proposed revisions to Title 16 will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern.
C. The proposed revisions are consistent with the purpose and intent of Title 16 and
satisfy the intent of Chapter 16.08 of the Municipal Code and provide for internal
consistency.
D. The proposed revisions to Title 16 are exempt under per Sections 15061(b)( 3) and
15308 of the California Environmental Quality Act (CEQA) Guidelines.
ATTACHMENT 2
Page 141 of 176
ORDINANCE NO. 663
PAGE 2
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 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.
1. 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.
Page 142 of 176
ORDINANCE NO. 663
PAGE 3
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.C.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 on the same street 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.
SECTION 3: Arroyo Grande Municipal Code Section 16.52.240 is hereby added as
follows:
SECTION 16.52.240 — HOMESTAYS
A. Purpose and intent. The purpose of these regulations is to ensure that
homestays 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. Homestays may be permitted only with approval of a minor use
permit. Homestays shall comply with the property development standards of the
Page 143 of 176
ORDINANCE NO. 663
PAGE 4
underlying district and the performance standards and special conditions listed in
Section 16.52.240.0.
C. Performance standards and conditions for homestays.
1. Operators of homestays are required to obtain a minor use permit-plot
plan review (Section 16.16.080) and a business license.
2. Any proposed homestay 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 far the level of occupancy
of the homestay shall be met.
4. All environmental health regulations shall be met.
5. The operator shall reside on the premises.
6. Individual guest stays shall be limited to fourteen (14) days, with a seven-
day period between stays.
7. On-site advertising of the homestay is prohibited.
8. A bedroom shall meet the minimum size requirements as defined in the
L Building Code.
9. The operator of the homestay shall pay Transient Occupancy Tax as
required by Arroyo Grande Municipal Code Section 3.24.030.
10. Establishment of a homestay within 300 feet of an existing homestay on
the same street shall not be permitted.
11. Violations — violation of these requirements shall constitute grounds for
revocation of the minor use permit pursuant to Section 16.16.220.
SECTION 4: The following definitions in Arroyo Grande Municipal Code Subsection
16.04.070.C. are hereby amended or added as follows:
16.04.070.C. Definitions
Bed and breakfast inn" means an owner-occupied dwelling unit where three (3) or more
short-term lodging rooms and meals are provided for compensation or onsite signage is
desired.
r
Page 144 of 176
ORDINANCE NO. 663
PAGE 5
Homestay" means an owner-occupied dwelling unit where a maximum of two (2) short-
term lodging rooms are provided for compensation.
Vacation rental" means a structure 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 5: Arroyo Grande Municipal Code Section 16.16.080 is hereby amended to
add Subsection B.10 and Subsection C.6 as follows:
16.16.080.B.10. Establishment of vacation rentals or homestays in applicable zoning
districts identified in Table 16.32.040-A and Table 16.36.030(A).
16.16.080.C.6. For plot plan reviews establishing the use of property for vacation rental
purposes, the decision of the community development director shall also be mailed to all
property owners of parcels within three hundred (300) feet of the property for which the
plot plan review has been requested, in addition to the requirements of Section
16.16.080.C.5. The notice shall indicate the appeal provisions of Section 16.12.150.
SECTION 6: Arroyo Grande Municipal Code Table 16.32.040-A, entitled "Uses
Permitted Within Residential Districts", Section A. Residential Uses is hereby amended
to add Subsection A.17. as follows:
USE RE RH RR RS SF VR D-2.4 MF MFA MFVH MHP
A. Residential Uses
17.Vacation Rentals MUP MUP MUP MUP MUP MUP MUP MUP NP NP
and Homestays
SECTION 7: Arroyo Grande Municipal Code Table 16.36.030(A), entitled "Uses
Permitted Within Mixed Use and Commercial Districts", Section B. Services -General is
hereby amended to add the following use:
USE VCD VMU
HCO D-2.11
OMU1
TMU D- HCO D=Specific
IMU D-2.11 2.4 D-2.4 GMU FOMU HMU 2.20 RC2 Use Stds
B.Services -General
Vacation Rentals and NP MUP MUP MUP MUP MUP MUP MUP NP 16.52.230
Homestays 16.52.240
SECTION 8: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason'held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
Page 145 of 176
ORDINANCE NO. 663
PAGE 6
SECTION 9: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 10: 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 11: This Ordinance shall take effect thirty (30) days from the date of
adoption.
On motion of Council Member Barneich, seconded by Council Member Brown, and on
the following roll call vote to wit:
AYES: Council Members Barneich, Brown, Costello, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 10th day of June, 2014.
Page 146 of 176
ORDINANCE NO. (0493
PAGE 7
TONY F MAYOR
ATTEST:
Wgkitet'L--
KELLY ET j RE, CITY CLERK
APPROVED AS TO CONTENT:
S E ADAMS, CITY MANAGER
APPROVED AS TO FORM:
7n/V-
TIMVIO111Y J. CARME"C, CITY ATTORNEY
1
Page 147 of 176
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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 is a true, full, and correct copy of Ordinance No. 663 which was
introduced at a regular meeting of the City Council on May 27, 2014; was passed
and adopted at a regular meeting of the City Council on the 10th day of June
2014; and was duly published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th
day of June 2014.
i 1 I
KELL WE/ ORE, CITY CLERK
Page 148 of 176
CITY OF
ARROYO GRANDE
CALIFORNIA
COMMUNITY DEVELOPMENT DEPARTMENT 300 E. Branch Street Arroyo Grande, California 93420
Phone: (805) 473-5420 Fax: (805) 473-0386 E-mail: agcity@arroyogrande.org Website: www.arroyogrande.org
October 28, 2021
Ken Steitz
263-D Spruce Street
Arroyo Grande, CA 93420
SUBJECT: PLOT PLAN REVIEW 21-033; ESTABLISHMENT OF A VACATION RENTAL IN THE MULTI-FAMILY
ZONING DISTRICT; LOCATION – 263-D SPRUCE STREET; APPLICANT – KEN STEITZ
Dear Mr. Steitz:
On October 28, 2021, the Community Development Director approved the above-referenced project for the
establishment of a vacation rental in an existing single family home in the Multi-Family (MF) zoning district. This
approval is based upon the following findings for approval:
FINDINGS FOR APPROVAL – PLOT PLAN REVIEW
1.The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande
General Plan;
a.Vacation rentals are allowed in the City’s MF zoning district with approval of a Minor Use Permit -
Plot Plan Review.
b.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 Community Development
Director to develop reasonable conditions to ensure compliance.
c.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;
a.The Municipal Code mandates performance standards to ensure the public health, safety or general
welfare.
b.The existing dwelling unit on site meets the requirements of Section 16.52.230 of the Municipal Code.
c.Conditions of approval developed for this project ensure compliance with Section 16.52.230 of the
Municipal Code and the protection of public health, safety or general welfare.
3.The physical location or placement of the use on the site is compatible with the surrounding neighborhood.
a.The subject property is located within an established residential neighborhood in the MF zoning
district, which is available for use as a vacation rental.
b.The existing single family residence is available for vacation rentals, and is of sufficient size to
accommodate the intended use.
c.The subject property where the vacation rental is located is greater than three hundred feet (300’)
of an existing vacation rental on the same street.
In approving a Minor Use Permit-Plot Plan Review, the Community Development Director may impose reasonable
conditions to ensure compliance with the Municipal Code. This approval is subject to the following conditions of
Attachment 3
Page 149 of 176
PLOT PLAN REVIEW 21-033
OCTOBER 28, 2021
PAGE 2
approval. Please review the conditions carefully. As the applicant, you are responsible to see that the conditions
are implemented. This will involve working with the various departments that conditioned the project.
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1.The applicant shall ascertain and comply with all State, County and City requirements as are applicable to
this project.
2.The applicant shall apply and be approved for a business license before conducting any business
transactions on the premises.
3.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
4.The project shall substantially conform to the plans and descriptions on file in the Community Development
Department dated September 28, 2021.
5.This permit shall expire on October 28, 2023, unless a business license is issued for the project.
6.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.
7.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.
8.The operator shall conspicuously post a written notice inside the vacation rental with the name, address,
and telephone number of the required contact person. 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.
9.Based upon the size and location of the three (3) bedrooms in the single family residence and the
character of the neighborhood, a maximum of eight (8) guests may stay in the single family residence as
a vacation rental at any one time in accordance with Municipal Subsection 16.52.230.C.9 (2 occupants per
bedroom and 2 additional occupants).
10.No on-site advertising is permitted in conjunction with the vacation rental.
11.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.
BUILDING AND LIFE SAFETY DIVISION
Page 150 of 176
PLOT PLAN REVIEW 21-033
OCTOBER 28, 2021
PAGE 3
12.The applicant shall comply with the current California Codes including the specifically adopted City of
Arroyo Grande provisions.
13.A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for
inspections.
The decision will be reported to the Planning Commission on November 2, 2021. Per Municipal Code Subsection
16.16.080.C.6, a notice of the decision will also be mailed to all property owners of parcels within three hundred feet
(300’) of the vacation rental. If you disagree with the Community Development Director’s decision, you may file an
appeal to the Planning Commission no later than November 8, 2021 at 5:00 pm. If you have any questions, please
contact the Community Development Department at (805) 473-5420.
Sincerely,
Brian Pedrotti
Community Development Director
Patrick Holub
Assistant Planner
cc: Building Official
Accounting Manager
Page 151 of 176
Attachment 4
Page 152 of 176
Page 153 of 176
Page 154 of 176
Page 155 of 176
Page 156 of 176
Page 157 of 176
Page 158 of 176
Page 159 of 176
Page 160 of 176
Page 161 of 176
Page 162 of 176
Page 163 of 176
Page 164 of 176
Page 165 of 176
Page 166 of 176
Page 167 of 176
Page 168 of 176
Page 169 of 176
Page 170 of 176
Page 171 of 176
Page 172 of 176
Page 173 of 176
Attachment 5
Page 174 of 176
Page 175 of 176
ADMINISTRATIVE ITEMS
PLANNING COMMISSION
DECEMBER 7, 2021
(Decisions by the Community Development Director)
ITEM NO. 1: TEMPORARY USE PERMIT 21-013; HOPPER FAMILY CHRISTMAS
TREE SALES; SATURDAY, NOVEMBER 20, 2021, TO SATURDAY, DECEMBER 25,
2020 FROM 10:00 AM TO 8:00 PM DAILY; LOCATION - 1587 EL CAMINO REAL;
APPLICANT – HOPPER FAMILY CHRISTMAS TREES; REPRESENTATIVE - JONI
HOPPER
After making the findings specified in Section 16.16.090 of the Municipal Code, the
Community Development Director approved the above referenced project for a temporary
Christmas Tree sales lot at the subject address. The deadline to appeal this project is at
5:00 pm on December 8, 2021.
ITEM NO. 2: PLOT PLAN REVIEW 21-023; ESTABLISHMENT OF A HOMESTAY IN
AN EXISTING SINGLE FAMILY RESIDENCE; LOCATION – 602 TAYLOR PLACE;
APPLICANT – KATERINA PRITCHETT
After making the findings specified in Section 16.16.080 of the Municipal Code, the
Community Development Director approved the above referenced project for the
establishment of a Homestay in the Single Family (SF) zoning district. The deadline to
appeal this project is at 5:00 pm on December 8, 2021.
ITEM NO. 3: PLOT PLAN REVIEW 21-036; ESTABLISHMENT OF A VACATION
RENTAL IN AN EXISTING SINGLE FAMILY RESIDENCE; LOCATION – 913
FARROLL AVENUE; APPLICANT – PAUL CLEMMENSEN
After making the findings specified in Section 16.16.080 of the Municipal Code, the
Community Development Director approved the above referenced project for the
establishment of a Vacation Rental in the Single Family (SF) zoning district. The deadline
to appeal this project is at 5:00 pm on December 8, 2021.
ITEM NO. 4: PLOT PLAN REVIEW 21-040; EXPANSION OF AN EXISTING
OUTDOOR DINING PATIO FOR A NEW RESTAURANT; LOCATION – 1462 E. GRAND
AVENUE; APPLICANT – BLAST 825 BREWERY; REPRESENTATIVE – MICHAEL
DEMARTINI, GENRE STUDIO ARCHITECTS
After making the findings specified in Section 16.16.080 of the Municipal Code, the
Community Development Director approved the above referenced project for the
expansion of an existing outdoor patio in the Gateway Mixed Use (GMU) zoning district.
The deadline to appeal this project is at 5:00 pm on December 8, 2021.
Page 176 of 176