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PC Minutes 2021-12-07ACTION MINUTES MEETING OF THE PLANNING COMMISSION December 7, 2021, 6:00 p.m. Zoom Virtual Meeting Webinar ID: 832 5584 8846 ByTelephone: 1-669-900-6833; 1-346-248-7799 Commission Members Present: Chair Glenn Martin, Vice Chair Frank Schiro, Commissioner Jamie Maraviglia, Commissioner Jim Guthrie Staff Present: Associate Planner Andrew Perez, Assistant Planner Patrick Holub, Community Development Director Brian Pedrotti 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, this meeting was held by teleconference. 1. CALL TO ORDER Chair Martin called the Planning Commission meeting to order at 6:00 PM. 2. ROLL CALL Commissioner Buchanan absent. 3. FLAG SALUTE Chair Martin led the flag salute. 4. AGENDA REVIEW None. 5. COMMUNITY COMMENTS AND SUGGESTIONS Chair Martin invited public comment. No public comments were received. 6. WRITTEN COMMUNICATIONS One supplemental memorandum received for items 8.a. and 8.b. 1 7. CONSENT AGENDA Moved by Chair Martin Seconded by Commissioner Guthrie Approve the minutes of the October 19, 2021 Regular Planning Commission meeting. Passed 8. PUBLIC HEARING ITEMS 8.a APPEAL TO PLANNING COMMISSION CASE 21-004; APPEAL OF PLOT PLAN REVIEW 21-029 AT 1662 STRAWBERRY AVENUE Assistant Planner Holub presented the staff report, which included information about the vacation rental ordinance, processing of vacation rental applications, and performance standards for vacation rentals. He also addressed objections raised by the appellant, including 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. Stew and Francine Errico, appellants, spoke in favor of the appeal stating that the vacation rental permit should be denied because the project application was incomplete, the approval was not notified according to the Municipal Code, and the emergency contact was incapable of performing the necessary duties required by the Municipal Code. Patrick and Brenda Goroski, project applicants, spoke in opposition of the appeal and stated that they followed the city process. Kathleen Kelly, project representative, spoke in opposition to the appeal and explained the roles of the emergency contact and how they satisfy the Municipal Code requirements. Chair Martin opened public comment and the following comments were received: Michelle Chariton, stated that an application cannot be changed after submittal, spoke about police activity responding to the vacation rental at 1170 Linda Drive, and inquired about the noticing for the short term rental at 1150 Linda Drive. Jami Fordyce, inquired about the status of their refund for the appeal of the vacation rental approval at 1170 Linda Drive. Chair Martin closed public comment. The Commission discussed the staff process for reviewing vacation rental applications. The Commission recognized that vacation rentals are in important issue and urged staff to agendize a discussion about the ordinance with City Council as soon as possible. Moved by Chair Martin Seconded by Vice Chair Schiro 2 Adopted a Resolution denying Appeal Case No. 21-004 and approving Plot Plan Review 21- 029. AYES (4): Chair Martin, Vice Chair Schiro, Commissioner Maraviglia, and Commissioner Guthrie Passed (4 to 0) 8.b APPEAL TO PLANNING COMMISSION CASE 21-006; APPEAL OF PLOT PLAN REVIEW 21-033 AT 263 SPRUCE ST, UNIT D Commissioner Maraviglia recused herself. Assistant Planner Holub presented the staff report, which included information about the vacation rental ordinance, processing of vacation rental applications, and performance standards for vacation rentals. He also addressed objections raised by the appellant including concerns about availability of parking, an unpermitted structure in the garage of the residence where the rental is proposed, and parking within a fire lane. Sharon Valienzi, appellant, spoke in favor of the appeal stating parking issues, emergency access, failure to comply with private covenants, conditions, and restrictions for the subdivision, and neighborhood disturbances are grounds for upholding the appeal. Ms. Valienzi expressed her disappointment with the permitting process because she feels that the neighbors should be notified with the submittal of an application, not after a decision has been rendered. Chair Martin opened public comment and the following comments were received: Alex Hughson, spoke about parking issues created by the short term rental. Jason Motter, spoke about concerns about traffic, guests speeding on the private driveway, and disturbances caused by short term renters. Laura spoke about parking issues caused by short term renters that were not problems with long term renters. She spoke about noise issues and safety issues due to lack of adequate lighting at the subject property. Francine Errico, stated her disappointment with the permitting process and worried about the vacation rental permitted near her home. Jami Fordyce, spoke about the differences between short term and long term renters and disappointment with the permitting process. Stew Errico, spoke about concerns with the permitting process. Alex Hughson read comments prepared by Paul Erb, stating parking issues and disturbance of the neighbors caused by short term renters are reasons to uphold the appeal. Chair Martin closed public comment. Ken Steitz, project applicant, stated that the appellants presented information that was not true and that his property is ideal for a vacation rental. He spoke about the parking situation and how the storage room in the garage was used for personal storage. He stated that the guests do not 3 block the fire lane when parked in the driveway and that his guests do not use the guest parking spaces on a full-time basis. Elaine Steitz, project applicant, spoke about the unpermitted storage room and how it was constructed by the previous owner. They stated that the pictures presented by the appellants are inaccurate and do not accurately portray the parking situation. The Commission agreed that the appellants bring valid concerns about vacation rentals in general, and that this is a poor location for a vacation rental, however they could not make the findings for denial. The Commission discussed the idea of conditioning the project to require guests to park in the garage to alleviate concerns regarding obstruction of the fire lane. Moved by Commissioner Guthrie Seconded by Vice Chair Schiro Adopted a Resolution denying Appeal Case No. 21-005 and approving Plot Plan Review 21- 033. AYES (2): Vice Chair Schiro, and Commissioner Guthrie NOES (1): Chair Martin ABSENT (1): Commissioner Maraviglia Passed (2 to 1) 9. NON-PUBLIC HEARING ITEMS None. Commissioner Maraviglia rejoined the meeting. 10. NOTICE OF ADMINISTRATIVE ITEMS SINCE NOVEMBER 16. 2021 11. COMMISSION COMMUNICATIONS Commissioner Guthrie inquired if there were any more appeals that needed to be heard by the Commission. Vice Chair Schiro thanked the public for the fundraising efforts that allowed for the installation of the holiday lights in the Village. 12. STAFF COMMUNICATIONS None. 13. ADJOURNMENT The Meeting adjourned at 8:56 p.m. 4 Patrick Holub Assistant Planner Glenn Martin, Chair