PC R 15-2230RESOLUTION NO. 15 -2230
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE DENYING APPEAL
CASE NO. 15 -002 AND APPROVING PLOT PLAN REVIEW
CASE NO. 15 -010; LOCATED AT 320 OLD RANCH ROAD;
APPLIED FOR BY NINA REINACHER AND KATHERINE
NEIE; APPEALLED BY EDWIN AND PATRICA FICHTNER
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 June 2, 2015, the applicants submitted an application for Plot Plan Review
No. 15 -010 for the establishment of a vacation rental in an existing, three - bedroom
residence located at 320 old Ranch Road; and
WHEREAS, on June 12, 2015, the Community Development Director approved Plot Plan
Review No. 15 -010 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 June 22, 2015, an appeal of the approval was filed with the Community
Development Secretary by Edwin and Patrica Fichtner; 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 July 7, 2015; 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 Permit -Plot
RESOLUTION NO. 15 -2230
PAGE 2
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 is
harmonious and compatible with the existing uses with 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 PD -1.3 zoning district and the vacation rental will be located in an existing
residence that is of sufficient size to accommodate the intended use.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby denies Appeal Case No. 15 -002 and approves Plot Plan Review
Case No. 15 -010 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 Commissioner Martin, seconded by Commissioner Keen, and by the
following roll call vote, to wit:
AYES:
Martin, Keen, Fowler- Payne, George
NOES:
None
ABSENT:
Mack
the foregoing Resolution was adopted this 7 t" day of July 2015.
RESOLUTION NO. 15 -2230
PAGE 3
ATTEST:
10 0� {'
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TERESA McCLISH
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 15 -2230
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 15 -010
320 OLD RANCH ROAD
This approval authorizes the establishment of a three - bedroom vacation rental on property
located at 320 Old Ranch Road.
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 project shall occur in substantial conformance with the application and plans
on file in the Community Development Department.
3. This permit shall automatically expire on July 7, 2017 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.
4. The applicant shall apply and be approved for a business license prior to
conducting any business transactions on the premises.
5. 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
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.
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
RESOLUTION NO. 15 -2230
PAGE 5
Department.
9. All refuse shall be stored in appropriate containers and placed at the curb for
collection every week.
10. Based upon the size of the three (3) bedrooms in the vacation rental, a maximum
of eight (8) guests may stay in the vacation rental at any one time (2 /bedroom
and 2 additional).
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. All Building Code and Fire Code requirements for the level of occupancy of the
vacation rental shall be met.
15. All environmental health regulations shall be met.
16. Bedrooms shall meet the minimum size requirements as defined in the Building
Code.
17. A safety inspection will be required prior to business license approval. Contact
473 -5454 for inspections.