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2021-09-07_8c_redacted 1170 LindaMEMORANDUM TO: PLANNING COMMISSION FROM: BRIAN PEDROTTI, COMMUNITY DEVELOPMENT DIRECTOR BY: PATRICK HOLUB, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE 21- 002; APPEAL OF PLOT PLAN REVIEW 21-018 FOR THE ESTABLISHMENT OF A VACATION RENTAL; LOCATION – 1170 LINDA DRIVE; APPELLANTS – MICHELLE CHARITON AND JAMI FORDYCE DATE: SEPTEMBER 7, 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 July 22, 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. 21-002 and approving Plot Plan Review 21-018 (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. The performance standards by which a vacation rental application is reviewed were generated from those discussions. 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 of approval. Additionally, these issues were found to be similar to instances when long- Item 8.c. -- Page 1 PLANNING COMMISSION CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 21-002 SEPTEMBER 7, 2021 PAGE 2 term renters, homeowners, and even private guests of homeowners are the cause of these types of nuisances. A vacation rental includes additional protections, whereby 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 vacation rental is 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 sixty-seven (67) vacation rentals and thirty-eight (38) homestays, not including this application. In addition to this application, staff is currently processing applications for eight (8) vacation rentals. Since the adoption of Ordinance No. 663, six (6) permits that were approved by the Community Development Director for the establishment of a vacation rental have been appealed to the Planning Commission. All six (6) 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 July 13, 2021, the Community Development Director approved Plot Plan Review 21- 018 for the establishment of a vacation rental at 1170 Linda Drive. 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. The end of the appeal period was scheduled to end on July 23, 2021, a Friday that City Hall was closed to the public. Recognizing the error, the Community Development Director reissued his approval on July 22, 2021 to extend the appeal period to 5:00 pm on August 4, 2021. A notice of re-approval was sent to all property owners within 300 feet of the subject property. At the applicant’s request, an additional contact person was added to the notice of re-approval due to a concern that the original contact person did not live locally full-time and was occasionally not within the required fifteen-minute response time. Both approval letters are included as Attachment 3. On July 22, 2021, the appellants submitted an appeal of this determination to the Planning Commission (Attachment 4). ANALYSIS OF ISSUES: Basis of the Appeal The subject appeal indicated concerns about the proposed vacation rental’s proximity to Ocean View Elementary, the concern that the originally listed emergency contact was periodically outside of the required response time and that the applicant filed a fraudulent application based on the information that was provided. Item 8.c. -- Page 2 PLANNING COMMISSION CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 21-002 SEPTEMBER 7, 2021 PAGE 3 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 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 1170 Linda Drive, 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 originally designated Ashley Collins as the contact entity responsible for responding to complaints regarding the use of the vacation rental. After hearing concerns from the appellant regarding the designated emergency contact’s ability to respond within the required response time, staff contacted the applicant as well as Ms. Collins. At that time, it was confirmed that Ms. Collins has two residences and lives part time in Grover Beach and part time in Tulare. After again speaking with the applicant, they decided to add an additional emergency contact to help address the perceived concerns. At that point, Melissa O’Neil, who lives locally full-time, was listed as the primary emergency contact with Ms. Collins being listed as the secondary emergency 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, the Council included separation requirements in the regulations that prohibit the establishment of a vacation rental within 300 feet of an existing vacation rental on the Item 8.c. -- Page 3 PLANNING COMMISSION CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 21-002 SEPTEMBER 7, 2021 PAGE 4 same street. The nearest permitted vacation rental is located at 265 North Elm Street, which is located approximately 1,050 feet northwest of the subject property (Attachment 6). Megan’s Law The appellant stated concerns with this approval on the grounds that guests of the vacation rental could potentially be registered sex offenders and the proximity of the rental to two school sites could cause safety issues for children of those schools. While staff agrees that the safety of schoolchildren is of utmost concern, the transitory nature of vacation rental guests does not meet the reporting requirements of Megan’s Law. The law was intended to compel individuals to register their permanent (or semi-permanent) address with law enforcement so that they, and the public, would know where offenders are residing. Additionally, this gives law enforcement the opportunity to check up on registered individuals and allows residents to check if any registered offenders reside in their neighborhood. ALTERNATIVES: The following alternatives are presented for the Planning Commission’s consideration: • Adopt the attached Resolution denying Appeal Case No. 21-002 and approving Plot Plan Review Case No. 21-018; • Modify and adopt the attached Resolution denying Appeal Case No. 21-002 and approving Plot Plan Review Case No. 21-018; • Do not adopt the attached Resolution, take tentative action to approve Appeal Case No. 21-002, and provide direction for staff to return with an appropriate resolution including findings for denial of Plot Plan Review Case No. 21-018; 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 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 prevent overburdening 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 Item 8.c. -- Page 4 PLANNING COMMISSION CONSIDERATION OF APPEAL TO PLANNING COMMISSION CASE NO. 21-002 SEPTEMBER 7, 2021 PAGE 5 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, August 27, 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. July 13, 2021 and July 22, 2021 Approval letters 4. Appeal forms 5. Floor plan 6. Vacation Rental vicinity map Item 8.c. -- Page 5 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING APPEAL CASE NO. 21-002 AND APPROVING PLOT PLAN REVIEW CASE NO. 21-018; LOCATED AT 1170 LINDA DRIVE; APPLIED FOR BY CORINA GARSA; APPEALED BY MICHELLE CHARITON AND JAMI FORDYCE 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 14, 2021, the applicant submitted an application for Plot Plan Review No. 21-018 for the establishment of a vacation rental in an existing, three-bedroom residence located at 1170 Linda Drive; and WHEREAS, on July 13, 2021, the Community Development Director approved Plot Plan Review No. 21-018 based upon the findings for approval of the permit; and WHEREAS, on July 22, 2021, the Community Development Director issued a notice of re- approval for Plot Plan Review No. 21-018 based upon on the original appeal period ending on a date that City Hall was closed; 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 July 22, 2021, an appeal of the approval was filed with the Community Development Secretary by Michelle Chariton and Jami Fordyce; 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 September 7, 2021; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist and findings can be made: Item 8.c. -- Page 6 RESOLUTION NO. PAGE 2 Plot Plan Review Findings: 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan; Vacation rentals are allowed in the City’s residential zoning districts with approval of a Minor Use Permit-Plot Plan Review. Approval of a Minor Use Permit-Plot 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 Single Family zoning district, which is available for use as a vacation rental. The vacation rental will be located in an existing residential structure that is 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. 21-002 and approves Plot Plan Review Case No. 21-018 based on the above findings and subject to the conditions as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference. Item 8.c. -- Page 7 RESOLUTION NO. PAGE 3 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 7th day of September, 2021. _______________________________ GLENN MARTIN CHAIR ATTEST: _______________________________ PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR Item 8.c. -- Page 8 RESOLUTION NO. PAGE 4 EXHIBIT “A” CONDITIONS OF APPROVAL PLOT PLAN REVIEW 21-018 1170 LINDA DRIVE CONDITIONS OF APPROVAL: GENERAL CONDITIONS 1. This approval authorizes the establishment of a vacation rental in the three-bedroom residence on property located at 1170 Linda Drive. 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 June 14, 2021. 4. This permit shall automatically expire on September 7, 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 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 Melissa O’neil and she can be reached at 805-888-7896. The identified secondary contact person is Ashley Collins and she can be reached at 559-280-8573. 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 Item 8.c. -- Page 9 RESOLUTION NO. PAGE 5 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. 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. Item 8.c. -- Page 10 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.c. -- Page 11 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.c. -- Page 12 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.c. -- Page 13 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.c. -- Page 14 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.c. -- Page 15 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.c. -- Page 16 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.c. -- Page 17 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.c. -- Page 18 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 July 13, 2021 Corina Garsa SUBJECT: PLOT PLAN REVIEW 21-018; ESTABLISHMENT OF A VACATION RENTAL IN THE SINGLE FAMILY ZONE; LOCATION – 1170 LINDA DRIVE; APPLICANT – CORINA GARSA Dear Ms. Garsa: On July 13, 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 Single Family (SF) 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 Single Family 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 Single Family 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. 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 Item 8.c. -- Page 19 PLOT PLAN REVIEW 21-018 JULY 13, 2021 PAGE 2 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 June 24, 2021. 5.This permit shall expire on July 13, 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 Ashley Collins and she can be reached at 559-280-8573. 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. Item 8.c. -- Page 20 PLOT PLAN REVIEW 21-018 JULY 13, 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 July 20, 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 July 23, 2021 at 5:00 pm. If you have any questions, please contact the Community Development Department at (805) 473-5420. Sincerely, Brian Pedrotti Community Development Director Patrick Holub Assistant Planner cc: Building Official Accounting Manager Item 8.c. -- Page 21 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 July 22, 2021 Corina Garsa SUBJECT: PLOT PLAN REVIEW 21-018; ESTABLISHMENT OF A VACATION RENTAL IN THE SINGLE FAMILY ZONE; LOCATION – 1170 LINDA DRIVE; APPLICANT – CORINA GARSA Dear Ms. Garsa: On July 22, 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 Single Family (SF) 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 Single Family 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 Single Family 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. 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 Item 8.c. -- Page 22 PLOT PLAN REVIEW 21-018 JULY 22, 2021 PAGE 2 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 June 24, 2021. 5.This permit shall expire on July 22, 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 Melissa O’neil and she can be reached at 805-888-7896. The identified secondary contact person is Ashley Collins and she can be reached at 559-280-8573. 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. Item 8.c. -- Page 23 PLOT PLAN REVIEW 21-018 JULY 22, 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 August 3, 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 August 4, 2021 at 5:00 pm. If you have any questions, please contact the Community Development Department at (805) 473-5420. Sincerely, Brian Pedrotti Community Development Director Patrick Holub Assistant Planner cc: Building Official Accounting Manager Item 8.c. -- Page 24 Item 8.c. -- Page 25 Item 8.c. -- Page 26 Item 8.c. -- Page 27 Item 8.c. -- Page 28 Item 8.c. -- Page 29 Item 8.c. -- Page 30 Item 8.c. -- Page 31 Item 8.c. -- Page 32 Item 8.c. -- Page 33 Item 8.c. -- Page 34 Item 8.c. -- Page 35 Item 8.c. -- Page 36 Item 8.c. -- Page 37 Item 8.c. -- Page 38 Item 8.c. -- Page 39 Item 8.c. -- Page 40 Item 8.c. -- Page 41 Item 8.c. -- Page 42 Item 8.c. -- Page 43 Item 8.c. -- Page 44 Item 8.c. -- Page 45 Item 8.c. -- Page 46 Item 8.c. -- Page 47 Item 8.c. -- Page 48 Item 8.c. -- Page 49 Item 8.c. -- Page 50 Item 8.c. -- Page 51 Item 8.c. -- Page 52 Item 8.c. -- Page 53 Item 8.c. -- Page 54 Item 8.c. -- Page 55 Item 8.c. -- Page 56 Item 8.c. -- Page 57 Item 8.c. -- Page 58 Item 8.c. -- Page 59 Item 8.c. -- Page 60 Item 8.c. -- Page 61 Item 8.c. -- Page 62 Item 8.c. -- Page 63 Item 8.c. -- Page 64 Item 8.c. -- Page 65 Item 8.c. -- Page 66 Item 8.c. -- Page 67 Item 8.c. -- Page 68 Item 8.c. -- Page 69 Item 8.c. -- Page 70 Item 8.c. -- Page 71