PC R 21-2346RESOLUTION NO. 21-2346
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE DENYING APPEAL CASE NO.
21-001 AND APPROVING PLOT PLAN REVIEW CASE NO.
21-007; LOCATED AT 341 ZOGATA WAY; APPLIED FOR
BY DAN KUHMANN; APPEALED BY VICTOR AND JOAN
MONTALBAN, ET. AL.
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 March 18, 2021, the applicant submitted an application for Plot Plan Review
No. 21-007 for the establishment of a vacation rental in an existing, three-bedroom
residence located at 341 Zogata Way; and
WHEREAS, on April 21, 2021, the Community Development Director approved Plot Plan
Review No. 21-007 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 April 28, 2021, an appeal of the approval was filed with the Community
Development Secretary by Victor and Joan Montalban; 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 June 1, 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
RESOLUTION NO. 21-2346
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 Residential Suburban zoning district, which is available
for use as a vacation rental. The vacation rental will be located in existing
residential structures that are 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. 21-001 and approves Plot Plan Review Case No.
21-007 based on the above findings and subject to the conditions as set forth in Exhibit W,
attached hereto and incorporated herein by this reference.
On motion by Commissioner Schiro, seconded by Commissioner Guthrie, and by the
following roll call vote, to wit:
AYES:
Schiro, Guthrie, Maraviglia, Sage and Martin
NOES:
None
ABSENT:
None
the foregoing Resolution was adopted this 1 st day of June 2021.
RESOLUTION NO. 21-2346
PAGE 3
v
GLENN MARTIN
CHAIR
ATTEST:
,=e5 �- —2 W, —
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
BILL ROBES N
ACTING COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 21-2346
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 21-007
341 ZOGATA WAY
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. This approval authorizes the establishment of a vacation rental in the three-
bedroom residence on property located at 341 Zogata Way.
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 March 18, 2021.
4. This permit shall automatically expire on June 1, 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 persontentity 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 16.52.230.0.5.
The identified primary contact person is Marcia Spinelli and she can be reached at
805-773-7194.
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.
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The notice shall also include the address of the vacation rental, the maximum
number of occupants permitted to stay overnight in the unit, the maximum number
of vehicles allowed to park on-site, the day(s) established for garbage collection,
and the non -emergency number of the Arroyo Grande Police Department.
10. Based upon the size of the three (3) bedrooms in the main dwelling unit, a
maximum of eight (8) guests may stay in the vacation rental at any one time (2 per
bedroom and 2 additional guests).
11. No on-site advertising is permitted in conjunction with the vacation rental.
12. Payment of Transient Occupancy Tax is required per Municipal Code Section
3.24.030. Payment of Tourism Business Improvement District assessments is
required per Municipal Code Chapter 3.46.
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.