PC 08.a. Appeal 15-002 Vacation Rental Old Ranch RoadMEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING. 9 ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF APPEAL TO PLANNlNG COMMISSION CASE
NO. $5-002; PLOT PLAN REVIEW CASE NO. 15-010; LOCATION - 320
OLD RANCH ROAD; APPELLANT - EDWIN & PATRICIA FICHTNER,
ET. AL.
DATE: JULY 7,2015
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution denying Appeal
Case No. 15-002 and approving Plot Plan Review 15-010.
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. Based on an
estimated nightly rent of $325 for the subject vacation rental, transient occupancy tax
received by the City would total $32.50 per night.
BACKGROUND:
PLANNING COMMISSION
CONSIDERATION OF APPEAL TO PLANNlNG COMMISSION CASE NO. 15-002
JULY 7,2015
PAGE 2
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 1). Under
the requirements of the Ordinance, the new uses were 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 full force and effect on July 10, 2014 and since that
time, the City has permitted two (2) vacation rentals and five (5) homestays, not
including this application. Including this application, staff is currently processing
applications for three (3) additional vacation rentals.
On June 12, 2015, the Community Development Director approved Plot Plan Review
Case No. 15-010 for the establishment of a vacation rental at 320 Old Ranch Road
(Attachment 2). At the time of approval, notice of the Director's approval were sent to
all property owners within 300' and included the name and contact of the applicant's
local contact person required in accordance with AGMC Subsection 16.52.230.C.5. On
June 22, 2015, the appellants submitted an appeal of this determination to the Planning
Commission, along with appeal forms collected from twenty (20) additional neighbors
(Attachment 3).
ANALYSIS OF ISSUES:
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 continued operation of the 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.
Occupancy Limitations
Conditions of approval no. 10 limits overnight occupants of vacation rentals to two (2)
persons per bedroom, with an additional two (2) persons. This is to ensure rentals are
not over occupied and detrimental to surrounding residences. The subject residence
has three (3) bedrooms and, consequently, the permit was conditioned to have no more
than eight (8) overnight occupants given the requirements of the Ordinance.
Local Contact Person
Conditions 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
PLANNING COMMISSION
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 15-002
JULY 7,2015
PAGE 3
with the rental instead of relying solely on City services, such as Police, Neighborhood
Services, and Community Development. The applicants for the vacation rental also live
within the City and have designated themselves as the local contact for this purpose. If
in the future that circumstance changes, the applicant's are required to notify the City of
the updated local contact.
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, separation requirements were included in the regulations that prohibit the
establishment of a vacation rental within 300' of an existing vacation rental on the same
street. The location of vacation rentals is being tracked using the City's Geographic
information System (GIs) and is updated annually at the time of business license
renewal.
The subject appeal indicated concerns regarding overconcentration including increases
in traffic, loss of owner-occupied units, increases in individuals unknown to the
neighborhood, safety, and reduced property values. To date there are no other
vacation rentals or homestays within the neighborhood.
ALTERNATIVES:
The following alternatives are presented for the Planning Commission's consideration:
Adopt the attached Resolution denying Appeal Case No. 15-002 and approving
Plot Plan Review Case No. 15-010;
* Modify and adopt the attached Resolution denying Appeal Case No. 15-002 and
approving Plot Plan Review Case No. 15-010;
Do not adopt the attached Resolution, take tentative action to approve Appeal
Case No. 15-002, and provide direction for staff to return with an appropriate
resolution including findings for denial of Plot Plan Review Case No. 15-01 0; or
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 income. Dependent upon the
number of days the property is rented and the price per night of the rental, TOT would
be collected to help maintain City services, including those impacted by increased
transient activity such as streets.
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
PLANNING COMMISSION
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 15-002
JULY 7,2015
PAGE 4
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 not overburden 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, revocation of the permit is possible.
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' of the project
site, published in the Tribune, and posted on the City's website and at City Hall on
Friday, June 26, 2015. The Agenda and staff report were posted on the City's website
and at City Hall on Thursday, July 2, 2015. In addition to the appeal forms initially
received, staff has also received a letter from the applicants regarding the vacation
rental (Attachment 4).
Attachments:
1. Ordinance No. 663
2. Floor plan of proposed vacation rental
3. Appeal forms
4. Letter from applicants Nina Reinacher and Katherine Neie
RESOLUTION NO.
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 EDWlN 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
RESOLUTION NO.
PAGE 2
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 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 infended use.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby denies Appeal Case No. 15-001 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 , seconded by Commissioner , and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
the foregoing Resolution was adopted this 7" day of July 2015
RESOLUTION NO.
PAGE 3
ATTEST:
DEBBIE WEICHINGER,
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TERESA McCLISH,
LAN GEORGE, CHAIR
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 25-010
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 CONDlTlONS
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 hislher 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 hislher obligations under
this condition.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
6. The operator shall maintain a contact personlentity within a fifteen (1 5) 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
RESOLUTION NO.
PAGE 5
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. 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 (2lbedroom
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 withthe 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.
ATTACHMENT 1
ORDINANCE NO. 663
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY 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.
ORDINANCE NO. 663
PAGE 2
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows: I
SECTION I: The above recitals and findings are true and correct and incorporated
herein by this reference.
SECTlON 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.
6. 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. I
C. Performance standards and conditions for vacation rentals. I...
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 personlentity 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.
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.
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
ORDINANCE NO. 663
PAGE 4.
underlying district and the performance standards and special conditions listed in
Section 16.52.240.C.
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 for 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.
1. .
7. On-site advertising of the homestay is prohibited.
8. A bedroom shall meet the minimum size requirements as defined in the
i 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:
16.04.07Q.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.
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 ownerloperator 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 6.10 and Subsection C.6 as follows:
-l6.16.080.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
I -
Permitted Within Residential Districts", Section A. Residential Uses is hereby amended
to add Subsection A.17, as follows:
SECTION 7: Arroyo Grande Municipal Code Table 16.36.030(A), entitled "Uses
Permitted Within Mixed Use and Commercial Districts", Section 6. Services -General is
hereby amended to add the following use:
i- .
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.
USE
A Residential Uses
17.VacationRentals
and Homestays
Specific
Use Stds
16.52.230
16.52.240
USE
5. Services -General
Vacation Rentals and
Homestays
VRD-2.4
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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 3 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 (I 5) 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, Costeilo, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this loth day of June, 2014.
ORDINANCE NO. &b3
PAGE 7
ATTEST:
.
1 APPROVED AS TO FORM:
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 loth day of June
2024; 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 12'~
day of June 2014.
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APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMISSION
Project Appeal Name and Case Numbe
Project ApprovedIDenied by Community Development Director on
(Date)
Project Location
Receipt Number Date
Community Development Secretary
Appeal of CDD Director to PC 1 Rev. 1011 9/01
.
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320 Old Ranch Road, Arroyo Grande CA
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il Jun 2015 > C Jul2015
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Aug 2015
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CITY OF ARROYO GRANDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMlSSlON
Project Appeal Name and Case Numbe
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Project ApprovedlDenied by Community Development Director on
(Date)
Project Locatio
Receipt Number Date
Community Development Secretary
Appeal of CDD Director to PC 1 Rev. 1 Dl1 BiOl
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMlSSION
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Project ApprovedlDenied by Community Development Director on
(Date)
Project Locatio
Receipt Number Date
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Appeal of CDD Director to PC 1 Rev. 1011 9101
CITY OF ARROYO GRAHDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMISSION
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(Name? (Date)
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(Address) (city? (Zip Code)
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Appeal of CDD Director to PC Rev. 10/19/01
June 20,201 5
Plot Pla11 Review 15-010
I have been a real estate broker for over 36 years now and it's my strong opinion that allowing
vacation rentals in an upscale neighborl~ood like Old Ranch Road is very wrong. We pay higher
property taxes than most and willingiy do so in order to live in a safe, quiet area.
Those of us that chose to buy in the subdivision did so for similar reasons: 1) Quiet well
maintained area: 2) Very little traffic through the area; 3) Established ho~neowners with
VERY few rental properties; and 4) And a constant feeling of having a safe environment.
Sonle of us don't even lock our doors during ille day because we know everyone that passes
through the area, aud feel very comfortable and sate. That has changed recently with
'unknowns' staying in the area.
Havi~ig a long term rental home is one thing. You eventually Itnow the tenants as a fanily and
tiley become part of tile neigl~borhood. Th~s does not happeii with vacation rentals.
With vacation rentals, in time. there are hundreds of tenants over a rather short period ol'time.
They don't have an invested interest in the subdivision, and thus anything can happeil. In time
there will be negative eveuts that WILL happen. And rliose that will pay the price will be those
living in the area.
Once one vacation rental is allowed into the area, tben it's possible more will apply. Then values
of the homes in the area tend to suffer. Lower property values mean lower taxes to the county
and city.
There are areas that have evolved i~ito vacation rental areas. The owner of 320 Old Ranch Road
should sell the property and buy in one ofthose established vacation rental areas if owning and
running a vacation rental is there plan.
Allowi~ig a vacation rental in a neighborhood like Old Ranch Road is wrong.
A1 Graziani
338 Old Ranch Road
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNLNG COMMISSION
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Project Appeal Name and Case Number
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Receipt Number Date
Commun~ty Development Secretaiy
Appeal of CDD Director to PC
CITY OF ARROYO GRANDE
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APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
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Project Appeal Name and Case Numbe
Project ApprovediDenied by Community Development Director on
(Date)
Project Locatio
Community Development Secretary
Appeal of CDD Directorto PC 1 Rev. 10119101
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNlNG COMMISSION
Project Appeal Name and Case Number /s= D/d
Project ApprovedIDenied by Community Development Director on
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Appeal of CDD Director to PC 1 Rev. 1011Q10i
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CITY OF ARROYO GRANDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
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Appeal of CDD Director to PC Rev. 10/19101
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Appeal of CDD Director to PC 1 Rev. 10/19101
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
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Appeal of CDD Director to PC 1 Rev. 10119101
CITY OF ARROYO GRANDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMISSION
Project Appeal Name and Case Nurnbe &vi(d /~;/o/o
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Receipt Number Date
Community Development Secretary
Appeal of CDD Director to PC Rev. 10119101
CITY OF ARROYO GRANDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMISSION
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(Date)
Project Location 320 Old "Rn~h Road
ReasonforAppeal 1 do :,of bcl,'eve i/acu.-f-ioul?e~b!~ LVC
alolqropria-fe in ?his area. They ~ere rqof ,par-f- 65 ?kt:
CCJR~ hc- this $eureloperL area: ~~nder-~;h;ch of us
homh.2: or builf our klome5.
1 al;o auvcel becsusc of-She iu~,-ease i ff r'~
noise yl~b tv? ~~S~LLV~CLMC~ fbr vzearbu ar.ea5.
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Receipt Number Date
Communiiy Development Secretary
Appeal of CDD Director to PC 1 Rev. 1011 9/01
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CITY OF ARROYO GRANDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMISSION
Project Appeal Name and Case Number / 5- d/D Pbf /f j/ ! 'P d
Project ApprovediDenied by Community Development Director on
(Date)
Project Location r
Community Development Secretary
Appeal of CDD Director to PC 1 Rev. 10119/01
CITY OF ARROYO GRANDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLmG COMMISSION
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(Name) Mel~.e!l~r LG,~Q ; A- &. GO
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We recently moved from Oahu, HI to this location. Our prior neighborhood, Kailua, is experiencing the
ongoing transition of family homes to vacation rentals. As of now these conversions are illegal but a
crackdown by the city has not deterred anyone. Many home owners tell of their frustration with too
- much traffic on their small lanes, too much commotion, and a general sense that vacationers do not add
- any continuity to their neighborhood. In other words, a sense of community is lacking where everyone
shares in the well-being of their environment. -
- Having lived through this debate on the pros and cons of vacation home rentals we respectively request
that this decision be reversed. -
Receipt Number Date
Community Development Secretary
Appeal of CDD Director Lo PC Rev. 1011 9/31
APPEAL OF COMMUNITY DEUZOPMENT DIRECTOR DECISION
TO PLANWNG COMMISSION
Project ApprovedDenied by Community Development Director on
(Date)
Project Location
Receipt Number Date
Community Development Secretary
Appeal of CDD Director to PC 1 Rev. 10/19/01
CITY OF ARROYO GRANDE
APPEAL OF COMMUNITY DEVELOPMEBT DIRECTOR DECISION
TO PLANNING COMMISSION
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Project Appeal Name and Case Number
Project ApprovedIDenied by Community Development Director on
(Date)
Project Locatio
Community Development Secretary
Appeal of CDD Director to PC 1 Rev. 10119101
APPEAL OF COMMUNITY DEVELOPbENT DLRECTOR DECISION
TO PLANNING COMMlSSION
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(Name) 32 0(d ?czv\&R&, QZL
(Date) W, &Pr 3342.0
(Address) (CltY) 0 v (Zip Code)
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Project Appeal Name and Case Number <0,(afiOvi?P t~hi ( in%MiW?~&; &a
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Receipt Number Date
Community Development Secretary
Appeal of CDD Director to PC 1 Rev. 10/1QIO1
CITY OF ARROYO GRANDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMISSION
Project Appeal Name and Case Numbe
Project Approved/Denied by Community Development Director on
(Date)
Project Location
Reason for Appeal
Comm~ty Development Secretary
Appeal of CDD Director to PC 1 Rev. 10119101
CITY OF ARROYO GKANDE
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
TO PLANNING COMMISSION
Project Appeal Name and Case Nurnbe
lo
Project ApprovedlDenied by Community Development Director on jPA 6 - ly-tc
(Date)
Project Location -e
Community Development Secretary
Appeal of COD Direcior to PC 1
APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION
Project Appeal Name and Case Number &T d!,.a~d &///iri *r&fl
Project Approvedmenied by Community Development Director o
Project Location
Receipt Number Date
Community Development Secretary
Appeal of CDD Director to PC Rev. 10119101
ATTACHMENT 4
July 1,2015
RE: Case # 15-010, Plot Plan Review - Vacation Rental Permit
Dear Members ofthe Arroyo Grande Planning Commission,
Sadly, our mother passed away in March, leaving us loving memories and her beautiful home at 320
Old Ranch Road that she lived in since 1999. Our mother was a good, responsible neighbor and a
friend to all. When we enter her house we feel her presence and love and see all the things that
remind us of her. Since we both live only minutes away and visited her daily, we are deeply
connected to her home and the neighborhood. We don't have the heart to part with her home or
furnishings and other memories at this time.
Along with her home, she has left us the expenses that accompany the home. In order to meet the
expenses we would like to occasionally host guests at her home. We plan to do this temporarily.
Often our guests will be relatives, friends, and referrals. They will be people whom we verify,
communicate with and thoroughly check. They will be upstanding, responsible guests who will pay
a premium price to stay at the home. While the house is vacant we will be upgrading and
maintaining the property. We have applied for a vacation rental permit, so that we can allow nice,
respectful people to share our home.
If our vacation rental permit is revoked due to neighbor appeals, we will likely instead lease the
fully furnished home in 31 day increments to transient occupants. No permit is required to do this.
We would have less opportunity and decreased income to upgrade and maintain the home if we
choose that option. In that case, the house would be occupied most of the time and we would have
less money for upgrades and maintenance. We would prefer not to do that.
As a vacation rental, the City of Arroyo Grande will gain revenue through occupancy taxes and
tourism dollars spent here. If we rent the home in 31-day increments, the city will not receive that
revenue.
At this point in time, we do not want to sell the home nor rent the house unfurnished. We can't get
rid of our mother's precious belongings at this time. It is too painful. Therefore, renting the house
unfurnished is not an option right now. At this time we are not ready for that.
We feel it is in everyone's best interest to allow us the vacation rental permit so that we can
temporarily host our guests several days a month, instead of housing monthly transient occupants.
This will allow us to better maintain and upgrade the home, and ultimately that will help the
property values. We plan to reevaluate our options again in the future.
We both live minutes away and can very quickly respond to any neighbor's concern. Only the
highest quality guests who agree to abide by our rules and respect the community will be permitted
in our home. We do not anticipate any security issues. The home has passed an inspection by the
city and it is in excellent condition, inside and out.
We hope that you will support us and will choose not to appeal the decision to issue our vacation
rental permit. Thank you very much for your compassion and support.
Sincerely,
Nina Reinacher and Katherine Neie