2021-06-01_8a 341 Zogata VR AppealMEMORANDUM
TO: PLANNING COMMISSION
FROM: BILL ROBESON, ACTING COMMUNITY DEVELOPMENT DIRECTOR
BY: PATRICK HOLUB, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21-
001; APPEAL OF PLOT PLAN REVIEW 21-007 FOR THE
ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 341
ZOGATA WAY; APP ELLANT – VICTOR AND JOAN MONTALBAN, ET.
AL.
D ATE: JUNE 1, 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 April 21, 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. 21-001 and approving Plot Plan Review 21-007 (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 Commission 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. It was from those discussions
that the performance standards by which a vacation rental application is reviewed were
created. 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
between rentals 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
Item 8.a - Page 1
PLANNING COMMISSION
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 21-001
JUNE 1, 2021
PAGE 2
of approval. Additionally, these issues were found to be not dissimilar to instances when
long-term renters, homeowners, and even private guests of homeowners are the cause
of these types of nuisances. However, with a vacation rental 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 use was 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 permitted
fifty-nine (59) vacation rentals and thirty-six (36) homestays, not including this application.
In addition to this application, staff is currently processing applications for five (5) vacation
rentals. Since the adoption of Ordinance No. 663, five (5) permits that were approved by
the Community Development Director for the establishment of a vacation rental have
been appealed to the Planning Commission. All five (5) 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 April 21, 2021, the Community Development Director approved Plot Plan Review 21-
007 for the establishment of a vacation rental at 341 Zogata Way (Attachment 3). 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 phone 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. On April 28,
2021, the appellants submitted an appeal of this determination to the Planning
Commission, along with letters from eleven (11) other neighbors (Attachment 4).
ANALYSIS OF ISSUES:
Basis of the Appeal
The subject appeal indicated concerns about increases in traffic and congestion, trash,
vandalism, visitors with no ties to the area, noise disturbances, and lack of parking at the
property.
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
Item 8.a - Page 2
PLANNING COMMISSION
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 21-001
JUNE 1, 2021
PAGE 3
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
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 341 Zogata Way, the single 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. The
applicant designated Marcia Spinelli, of Beach Bum Holiday Rentals, as the contact entity
responsible for responding to complaints regarding the use of the vacation rental.
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 feet of an existing vacation rental on the
same street. The nearest permitted vacation rental is located at 233 Stagecoach Road,
which is located approximately 1,700 feet southwest of the subject property (Attachment
6).
ALTERNATIVES:
The following alternatives are presented for the Planning Commission’s consideration:
•Adopt the attached Resolution denying Appeal Case No. 21-001 and approving
Plot Plan Review Case No. 21-007;
•Modify and adopt the attached Resolution denying Appeal Case No. 21-001 and
approving Plot Plan Review Case No. 21-007;
•Do not adopt the attached Resolution, take tentative action to approve Appeal
Case No. 21-001, and provide direction for staff to return with an appropriate
resolution including findings for denial of Plot Plan Review Case No. 21-007; or
•Provide direction to staff.
Item 8.a - Page 3
PLANNING COMMISSION
CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 21-001
JUNE 1, 2021
PAGE 4
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 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, 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,
May 21, 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.April 21, 2021 Approval letter
4.Appeal forms
5.Project plans
6.Vacation Rental vicinity map
Item 8.a - Page 4
RESOLUTION NO.
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.
WH EREAS, 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
WH EREAS, 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
WH EREAS, 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
WH EREAS, 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
WH EREAS, 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
ATTACHMENT 1
Item 8.a - Page 5
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 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 “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:
the foregoing Resolution was adopted this 1st day of June 2021.
Item 8.a - Page 6
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BILL ROBESON
ACTING COMMUNITY DEVELOPMENT DIRECTOR
Item 8.a - Page 7
RESOLUTION NO.
PAGE 4
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 requirementsas are applicable to this project.
3.The project shall occur in substantial conformance with the application and planson file in the Community Development Department dated March 18, 2021.
4.This permit shall automatically expire on June 1, 2023 unless a business licenseis issued. Thirty (30) days prior to the expiration of the approval, the applicant mayapply to the Community Development Director for an extension of one (1) yearfrom the original date of expiration.
5.The applicant shall apply and be approved for a business license prior toconducting any business transactions on the premises.
6.The applicant shall agree to indemnify and defend at his/her sole expense anyaction brought against the City, its agents, officers, or employees because of theissuance of said approval, or in the alternative, to relinquish such approval. Theapplicant shall reimburse the City, its agents, officers, or employees, for any courtcosts and attorney’s fees which the City, its agents, officers, or employees may berequired by a court to pay as a result of such action. The City may, at its solediscretion, participate at its own expense in the defense of any such action butsuch participation shall not relieve the applicant of his/her obligations under thiscondition.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
7.The operator shall maintain a contact person/entity within a fifteen (15) minute driveof the property to be responsible for responding to complaints regarding the use ofthe vacation rental in accordance with Municipal Code Subsection 16.52.230.C.5.The identified primary contact person is Marcia Spinelli and she can be reached at805-773-7194.
8.The operator shall annually notify the Community Development Department of thename, address, and phone number of the contact person, at time of business licenserenewal.
9.The operator shall conspicuously post a written notice inside the vacation rentalwith the name, address, and telephone number of the required contact person.
Item 8.a - Page 8
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, amaximum of eight (8) guests may stay in the vacation rental at any one time (2 perbedroom 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 Section3.24.030. Payment of Tourism Business Improvement District assessments isrequired per Municipal Code Chapter 3.46.
BUILDING AND LIFE SAFETY DIVISION CONDITIONS:
13.The applicant shall comply with the current California Codes including the specificallyadopted City of Arroyo Grande provisions.
14.A safety inspection will be required prior to business license approval. Contact(805)473-5454 for inspections.
Item 8.a - Page 9
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
Item 8.a - Page 10
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.
Item 8.a - Page 11
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
Item 8.a - Page 12
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
Item 8.a - Page 13
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.
Item 8.a - Page 14
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.
Item 8.a - Page 15
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
Item 8.a - Page 16
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
Item 8.a - Page 17
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
April 21, 2021
Dan Kuhmann
341 Zogata Way
Arroyo Grande, CA 93420
SUBJECT: PLOT PLAN REVIEW 21-007; ESTABLISHMENT OF A VACATION RENTAL IN THE RESIDENTIAL
SUBURBAN ZONING DISTRICT; LOCATION – 341 ZOGATA WAY; APPLICANT – DAN KUHMANN
Dear Mr. Kuhmann:
On April 21, 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 Residential Suburban (RS) 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 Residential Suburban 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 Residential
Suburban 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.
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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
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 March 18, 2021.
5.This permit shall expire on April 21, 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 Marcia Spinelli and she
can be reached at 805-773-7194.
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.
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PLOT PLAN REVIEW 21-007
APRIL 21, 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 May 4, 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 May 5, 2021 at 5:00 pm. If you have any questions, please contact
the Community Development Department at (805) 473-5420.
Sincerely,
Rob Fitzroy
Community Development Director
Patrick Holub
Assistant Planner
cc: Building Official
Accounting Manager
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GarageStorageSpaceGarageLaundry12 BathroomDiningKitchenLivingBedroom 3Bedroom 2PrimaryBedroomBathroom2PrimaryClosetPrimaryBathroomUpper Deck -PermitBLD17-000197**In Law Unit - Permit8455 ** Not available torenters. Area to not berented but only to be usedas storage due to permitstatus.Located below Living andKitchen areas of mainhouse.Living/DiningStorageareaBathBedroomDoor at gradeWindow 6' above gradeWindow 10' above gradeDoor 10' above grade- at deck levelWindow 10' above gradeWindow 8' above gradeWindow 6' above gradeDoor 1.5' above grade- at concrete pad levelWindow 3' above gradeGarage door at gradeDoor at gradeWindow 3' above gradeDoor atgradeWindow 3' above gradeWindow3' abovegradeNORTHScale - 1:8Kuhmann Property - 341 Zogata Way, Arroyo Grande, CA 93420 - Page 2 of 2 ATTACHMENT 5Item 8.a - Page 44
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