Agenda Package - PC_Oct04_2022PLANNING COMMISSION MEETING
AGENDA
Tuesday, October 4, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Please click the link below to join the Zoom Meeting:
https://us02web.zoom.us/j/83255848846
Webinar ID: 832 5584 8846
Or by Telephone: 1-669-900-6833; 1-346-248-7799
In compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the
Ralph M. Brown Act, this Planning Commission meeting is being conducted in a hybrid in-person/virtual format.
Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-span.org.
Members of the public may participate and provide public comment on agenda items during the meeting by
joining the Zoom meeting or by submitting written public comments to the Clerk of the Commission at pc-
publiccomment@arroyogrande.org.
1.CALL TO ORDER
2.ROLL CALL
3.FLAG SALUTE
Commissioner Buchanan
4.AGENDA REVIEW
The Commission may revise the order of agenda items depending on public interest and/or special
presentations.
5.COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues,
thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to
those matters that are within the jurisdiction of the Planning Commission. Members of the public may
provide public comment remotely by joining the Zoom meeting utilizing one of the methods provided
below. Please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to join the webinar:
• https://us02web.zoom.us/j/89129208197; Webinar ID: 891 2920 8197
• Or Telephone Attendee: 1-669-900-6833; 1-346-248-7799; 1-253-215-8782; Press * 9 to “raise
hand” for public comment
The Brown Act restricts the Commission from taking formal action on matters not published on the
agenda. In response to your comments, the Chair or presiding official may:
• Direct City staff to assist or coordinate with you.
• A Commissioner may state a desire to meet with you.
• It may be the desire of the Commission to place your issue or matter on a future agenda.
Please adhere to the following procedures when addressing the Commission:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Commission as a whole and not directed to an individual
Commissioner.
• Slanderous, profane or personal remarks against any Commissioner or member of the audience
shall not be permitted.
6.WRITTEN COMMUNICATIONS
Correspondence or supplemental information for the Planning Commission received after Agenda
preparation. In compliance with the Brown Act, the Commission will not take action on
correspondence relating to items that are not listed on the Agenda, but may schedule such matters
for discussion or hearing as part of future agenda consideration.
7.CONSENT AGENDA
7.a.Approval of Minutes
(HOLUB)
Recommended Action:
Approve the Minutes of the September 6, 2022 Regular Meeting
7.b.Consideration of Time Extension 22-003 For Conditional Use Permit No. 18-007; One Year
Time Extension In Accordance With The Arroyo Grande Municipal Code; Location – 1214
E. Grand Ave; Applicants – Floyd Hinesley and Fred Porter
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 22-003.
7.c.Consideration of Proposed the Street Name for Tract 2985; Location – Corbett Canyon
Road/Highway 227; Applicant –Scott Pace
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution approving the street
name for Tract 2985 (Attachment 1).
8.PUBLIC HEARINGS
8.a.Consideration Of Amendments To Title 16 Of The Arroyo Grande Municipal Code (AGMC)
Regarding Tiny Homes on Wheels; Development Code Amendment 20-004; Location –
Citywide
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution recommending the
City Council adopt the Tiny Homes on Wheels ordinance.
8.b.Consideration of Appeal to Planning Commission Case 22-001; Appeal of Plot Plan Review
22-026 for the Establishment of a Vacation Rental; Location – 1136 East Grand Avenue
(HOLUB)
Recommended Action:
Page 2 of 60
Adopt a Resolution denying Appeal Case No. 22-001 and approving Plot Plan Review 22-
026 (Attachment 1).
9.NON-PUBLIC HEARING ITEMS
None.
10.NOTICE OF ADMINISTRATIVE ITEMS SINCE SEPTEMBER 6, 2022
ITEM NO. 1: Plot Plan Review 22-041; Establishment of A Vacation Rental in an Existing Single
Family Residence; Location – 308 Poole Street; Applicant – Mark Vasquez
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Village Residential (VR) zoning district. The deadline to appeal this project is at 5:00
pm on October 5, 2022.
ITEM NO. 2: Plot Plan Review 22-043; Establishment of A Vacation Rental in an Existing Single
Family Residence; Location – 444 Walnut Street; Applicant – Anju Chopra
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on October 5,
2022.
ITEM NO. 3: Plot Plan Review 22-036; Establishment of A Vacation Rental in an Existing Single
Family Residence; Location – 717 Bennett Street; Applicant – Erica Morrison
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on October 5,
2022.
ITEM NO. 4: Plot Plan Review 22-040; Establishment of A Vacation Rental in an Existing Single
Family Residence; Location – 1080 Robin Circle; Applicant – Molly Wren-Holmes
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Planned Development (PD) zoning district. The deadline to appeal this project is at 5:00 pm on
October 5, 2022.
11.COMMISSION COMMUNICATIONS
Correspondence/Comments as presented by the Planning Commission.
12.STAFF COMMUNICATIONS
Correspondence/Comments as presented by the Community Development Director.
13.ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the Planning Commission within 72 hours of a regular meeting, relating to each item of
Page 3 of 60
business on the agenda are available for public inspection during regular business hours in the City
Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the Americans
with Disabilities Act. To make a request for disability-related modification or accommodation, contact
the Legislative and Information Services Department at 805-473-5400 as soon as possible and at
least 48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda
reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you
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can sign up online through the “Notify Me” feature.
Planning Commission Meetings are cablecast live and videotaped for replay on Arroyo Grande’s
Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org.
Page 4 of 60
1
ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
September 6, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Commission Members Present: Chair Glenn Martin, Vice Chair Jamie
Maraviglia, Commissioner Jim Guthrie, Kevin
Buchanan
Commission Members Absent: Commissioner Frank Schiro
Staff Present: Planning Manager Andrew Perez, Associate
Planner Patrick Holub
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 6:00pm.
2.ROLL CALL
Commissioner Schiro was absent.
3.F LAG SALUTE
Commissioner Guthrie
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
None.
6.WRITTEN COMMUNICATIONS
The Commission received one supplemental memorandum regarding item 10.
7.CONSENT AGENDA
7.a Approval of Minutes
ATTACHMENT 1
Page 5 of 60
2
(HOLUB)
Moved by Chair Martin
Seconded by Vice Chair Maraviglia
Approve the Minutes of the August 16, 2022 Regular Meeting.
Passed
8. PUBLIC HEARINGS
8.a Consideration of Development Code Amendment 22-003 Regarding a Permanent Parklet
Program
(HOLUB)
Associate Planner Holub presented the staff report and responded to Commissioner questions
regarding existing parklets, liability insurance, parking limits and other forms of outdoor dining.
Chair Martin opened the public hearing.
Andrea Scott, 391 Garden Street, asked a question regarding Short Street that was answered
by Commissioner Guthrie.
Hearing no further public comment, Chair Martin closed the public hearing.
Commissioner Buchanan moved and Vice Chair Maraviglia seconded a motion to adopt a
Resolution recommending the City Council adopt an Ordinance approving a permanent parklet
program with the following changes: 1) Exclude the five (5) space buffer between parklets and
2) Remove the cap on the maximum number of spaces encumbered by parklets.
Moved by Kevin Buchanan
Seconded by Vice Chair Maraviglia
Passed
9. NON-PUBLIC HEARING ITEMS
None.
10. NOTICE OF ADMINISTRATIVE ITEMS SINCE AUGUST 16, 2022
Received.
Chair Martin opened the public comment period.
Andrea Scott, 391 Garden Street, spoke about concerns related to a short term rental on Garden
Street.
Hearing no further public comment, Chair Martin closed the public comment period.
11. COMMISSION COMMUNICATIONS
Commissioner Guthrie asked a question about the public comment process.
Page 6 of 60
3
Chair Martin mentioned that he will be attending the American Planning Association conference in
Anaheim in October.
12. STAFF COMMUNICATIONS
None.
13. ADJOURNMENT
The Meeting adjourned at 7:24pm.
_________________________
Glen Martin, Chair
_________________________
Patrick Holub, Associate Planner
Page 7 of 60
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Time Extension 22-003 For Conditional Use Permit
No. 18-007; One Year Time Extension In Accordance With The Arroyo
Grande Municipal Code; Location – 1214 E. Grand Ave; Applicants –
Floyd Hinesley and Fred Porter
DATE: October 4, 2022
SUMMARY OF ACTION:
Approval of Time Extension No. 22-003 for Conditional Use Permit No. 18-007 would
allow an additional twelve (12) months for the developer to obtain building permits to
construct a mixed-use development at 1214 E. Grand. Ave. Approval of the time
extension application would extend the expiration of the approval to October 16, 2023.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 22-003 (Attachment 1)
BACKGROUND:
On April 16, 2019, the Planning Commission conditionally approved Conditional Use
Permit 18-007 for a mixed-use development consisting of 10 new multi-family residential
units and 2,250 square feet of office space to be constructed in two phases. This approval
was initially due to expire on April 16, 2021. However, the approval was extended due to
the passage of Assembly Bill 1561, which provided an automatic 18-month extension for
all housing entitlements that were approved prior to March 4, 2020, and were due to expire
prior to December 31, 2021. This bill was passed in response to building material and labor
shortages resulting from the COVID pandemic.
The applicant submitted construction documents for Phase I of the project and the building
permit is ready to issue, however the rising construction costs delayed construction of the
Page 8 of 60
Planning Commission
Consideration of Time Extension 22-003 For Conditional Use Permit No. 18-007; One
Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location
– 1214 E. Grand Ave; Applicants – Floyd Hinesley and Fred Porter
October 4, 2022
Page 2
project. The time extension will allow the applicant to either pull the building permit to
construct the project or sell the entitlement to another developer for them to construct.
ANALYSIS OF ISSUES:
Municipal Code Subsection 16.12.140.C allows the Planning Commission to grant a
project up to three (3) one-year time extensions, but only if it is found that there have been
no significant changes in the General Plan, Municipal Code, or character of the area within
which the project is located that would cause the approved project to be injurious to the
public health, safety, or welfare. No such changes have been identified that would cause
the proposed project to be injurious to the public health, safety, or welfare. The applicant
states that the need for a time extension is the result of increased construction costs and
the applicant’s ability to finance the construction. If approved, the one-year time extension
would extend the expiration date of the project to October 16, 2023. If approved, there
will be two (2) remaining time extensions available for the project.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1. Adopt the attached Resolution approving Time Extension 22-003;
2. Modify and adopt the attached Resolution approving Time Extension 22-003;
3. Do not adopt the attached Resolution, p rovide specific findings and direct staff to
return with a Resolution denying the time extension; or
4. Provide direction to staff.
ADVANTAGES:
Approving the requested time extension will maintain the viability of an approved project
and will allow the applicant to continue to work towards either constructing the project or
selling the entitlement to another developer to construct.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
Review of Conditional Use Permit 18-007 for compliance with the California
Environmental Quality Act (CEQA) determined that the project was categorically exempt
from environmental review pursuant to Section 15332 of the CEQA Guidelines regarding
infill development in urban areas. The granting of a time extension in not anticipated to
have any effect on that determination.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Page 9 of 60
Planning Commission
Consideration of Time Extension 22-003 For Conditional Use Permit No. 18-007; One
Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location
– 1214 E. Grand Ave; Applicants – Floyd Hinesley and Fred Porter
October 4, 2022
Page 3
Attachments:
1. Resolution
Page 10 of 60
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A ONE-YEAR
TIME EXTENSION FOR CONDITIONAL USE PERMIT NO.
18-007 (TIME EXTENSION 22-003); APPLIED FOR BY
FLOYD HINESLEY AND FRED PORTER; LOCATED AT
1214 E. GRAND AVE.
WHEREAS, the Planning Commission adopted Resolution No. 19-2323 approving
Conditional Use Permit 18-007 for the construction of a mixed-use development consisting
of ten multi-family dwelling units and a commercial suite (the “Project”)
WHEREAS, the effective date of the decision was April 16, 2019; and
WHEREAS, the approval remained valid for two (2) years from the effective date of decision;
until April 16, 2021, and
WHEREAS, Assembly Bill 1561, effective as of September 28, 2020, automatically
extended the approval by an additional 18 months, until October 16, 2022; and
WHEREAS, an application for Time Extension 22-003 was submitted to extend the
expiration date of the Project by one (1) year; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the
request for Time Extension 22-003 on October 4, 2022; and
WHEREAS, the Planning Commission reviewed Conditional Use Permit 18-007 for
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA, and
adopted a Mitigated Negative Declaration; and
WHEREAS, the Mitigated Negative Declaration also applies to the application for a time
extension; and
WHEREAS, the Planning Commission finds, after due study and deliberation, the following
circumstances exist:
1. There have been no significant changes in the General Plan, Municipal Code or
character of the area within which the project is located that would cause the
approved project to be injurious to the public health, safety or welfare.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Time Extension 22-003 for the first of three (3) available one-year
extensions, subject to the above findings and the conditions as set forth in Exhibit "A”
attached hereto and incorporated herein by this reference. Conditional Use Permit No. 18-
007 shall now expire on October 16, 2023.
Page 11 of 60
RESOLUTION NO.
PAGE 2
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 4th day of October 2022.
Page 12 of 60
RESOLUTION NO.
PAGE 3
_______________________________________
GLENN MARTIN, CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
APPROVED AS TO CONTENT:
______________________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 13 of 60
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 22-003 FOR
CONDITIONAL USE PERMIT NO. 18-007
1214 E. GRAND AVE.
This approval authorizes a one (1) year time extension for Conditional Use Permit 18-
007, which was originally approved by the Planning Commission on April 16, 2019.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and City
requirements that are applicable to this project.
2. Conditional Use Permit No. 18-007 shall expire on October 16, 2023, unless a
building permit is issued prior to this date.
3. The developer shall comply with all conditions of approval for Conditional Use
Permit No. 18-007.
Page 14 of 60
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Proposed the Street Name for Tract 2985; Location –
Corbett Canyon Road/Highway 227; Applicant –Scott Pace
DATE: October 4, 2022
SUMMARY OF ACTION:
Approve the street name for an approved residential development to allow for recordation
of the final map and installation of utilities serving the development.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving the street
name for Tract 2985 (Attachment 1).
BACKGROUND:
The proposed subdivision creates eleven (11) residential lots on 4.6 acres that are accessed
from Corbett Canyon Road by a private street. Each of the eleven homes proposed for this
development will be oriented so the front entrance is oriented towards the private street and
the backyard along Corbett Canyon Road. Therefore, the Municipal Code dictates that the
homes need an address off of the private street.
ANALYSIS OF ISSUES:
The City has independent jurisdiction on the naming of streets within City limits. Procedures
for naming of streets are outlined in AGMC Section 12.04.050. Street names are
designated according to its direction and length by the proper term as set forth in the
following table:
Page 15 of 60
Planning Commission
Consideration of Proposed the Street Name for Tract 2985; Location – Corbett Canyon
Road/Highway 227; Applicant –Scott Pace
October 4, 2022
Page 2
Table 1: Street Naming Method
General Direction Long or Continuous
Street
Short or Discontinuous
Streets
North and South Street Place
East and West Avenue Court
Diagonal Road Way
Curving Drive Lane
One new street is proposed within the development that will serve all eleven lots. The
developer requests to designate the private street as Cobble Creek Way. The street is a
short, discontinuous street oriented in a northeast/southwest direction, therefore the street
is given the “Way” designation pursuant to the naming methodology established in the
Municipal Code.
Staff Advisory Committee
in accordance with the requirements of the Municipal Code, the Staff Advisory Committee
(SAC) discussed street names proposed by the developer. Five options were proposed
by the developer, and members of the SAC were most supportive of the Cobble Creek
Way because it does not conflict with any existing streets in the City and will be easily
distinguishable by emergency services and dispatch operators.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1. Adopt the attached Resolution approving the use of Cobble Creek Way for the
name of the private street in the subject development; or
2. Provide other direction to staff.
ADVANTAGES:
Approving the proposed street name is consistent with the Municipal Code and allows the
final subdivision map to continue forward for recordation and construction.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
The project has been reviewed in accordance with the California Environmental Quality
Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Procedures for the
Implementation of CEQA and was determined to be exempt per Sections 15060(c)(2) and
Page 16 of 60
Planning Commission
Consideration of Proposed the Street Name for Tract 2985; Location – Corbett Canyon
Road/Highway 227; Applicant –Scott Pace
October 4, 2022
Page 3
15061(b)(3) of the CEQA Guidelines, as naming the street will not cause any direct or
indirect physical environmental impacts.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Resolution
Page 17 of 60
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING THE
STREET NAME FOR TRACT 2985 AS COBBLE CREEK
WAY
WHEREAS, the Planning Commission approved the Vesting Tentative Tract Map 13-002
and Planned Unit Development 13-002 on October 3, 2017; and
WHEREAS, the street in the development was not given a name at the time of approval;
and
WHEREAS, the City’s Staff Advisory Committee supports the proposed street name; and
WHEREAS, the Planning Commission considered the requested street name on October
4, 2022; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that the designation of
street names is Exempt pursuant to Sections 15060(c)(2) and 15061(b)(3) of the CEQA
Guidelines; and
WHEREAS, the Planning Commission finds after due study and deliberation, that naming
the street in the development as Cobble Creek Way is acceptable.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves naming the street in Tract 2985 as Cobble Creek Way,
as shown 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 4th day of October, 2022.
ATTACHMENT 1
Page 18 of 60
RESOLUTION NO.
PAGE 2
_______________________________
GLENN MARTIN, CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 19 of 60
EXHIBIT 'A'
Page 20 of 60
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration Of Amendments To Title 16 Of The Arroyo Grande
Municipal Code (AGMC) Regarding Tiny Homes on Wheels;
Development Code Amendment 20-004; Location – Citywide
DATE: October 4, 2022
SUMMARY OF ACTION:
A recommendation to City Council to adopt an ordinance allowing tiny homes on wheels
(THOW).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution recommending the
City Council adopt the Tiny Homes on Wheels ordinance (Attachment 1).
BACKGROUND:
On February 8, 2022, the City Council considered introducing amendments to the City’s
accessory dwelling unit (ADU) ordinance (Attachment 2). That version of the ADU
ordinance included regulations that would allow for the use of THOW as an accessory
use on properties with an existing single-family dwelling, with the intent of providing an
alternative means to address housing supply shortages and affordability. At that meeting,
the City Council directed staff to separate regulations for THOW from the ADU ordinance,
research applicable building standards and certification of THOW, and return to Council
for a study session to further refine those regulations.
Staff held that study session with Council on September 13, 2022 to review the first draft
of the ordinance (Attachment 3). The draft THOW Ordinance provided for discussion
allows THOW as an accessory structure on lots developed with a single -family dwelling.
Council supported the provisions of the ordinance and directed staff to research whether
Page 21 of 60
Planning Commission
Consideration Of Amendments To Title 16 Of The Arroyo Grande Municipal Code
(AGMC) Regarding Tiny Homes on Wheels; Development Code Amendment 20 -004;
Location – Citywide
October 4, 2022
Page 2
there are additional agencies beyond the ones listed in the ordinance that can approve
and certify a THOW as a habitable dwelling unit and include a prohibition of rooftop decks.
ANALYSIS OF ISSUES:
The draft ordinance defines a THOW as an accessory structure built on a chassis that is
intended for independent living quarters for a household. Due to their small size and
transient quality, THOW have been identified as an alternative affordable housing option
to stick-built and pre-fabricated ADUs that must be affixed to a permanent foundation. A
THOW is considered a temporary residential unit because it is not permanently affixed to
a foundation.
The regulations for THOW contained in the draft ordinance differ greatly from those
presented to Council at the February 8, 2022 meeting. The modifications to the ordinance
were made to address the wide variety of structures that have been proposed as THOW
and ensure that the ordinance appropriately r egulates each to ensure a safe, habitable
dwelling unit, Additionally, the draft ordinance is modeled after the ordinance adopted by
Grover Beach in an effort to provide a consistent, regional approach to THOW regulation.
The draft ordinance proposes regulations for size, placement on a lot, design criteria,
utility connections, and building code compliance. Because THOW are towable and not
moveable under their own power, the proposed ordinance requires a THOW to remain
licensed and registered with the California Department of Motor Vehicles.
Types of Tiny Homes
Currently, there is not a standard statewide definition for THOW. Therefore, the draft
ordinance allows for a variety of structures to be used as a THOW, such as HUD -
manufactured homes, park trailers, or any structure that can demonstrate compliance
with the California Residential Code, or California Building Code. A park trailer is defined
in Health and Safety Code Section 18009.3 as a type of recreational vehicle designed as
temporary living quarters built on a single chassis with a maximum floor area of 400
square feet. Park trailers and manufactured homes are specifically identified because
there are State codes that regulate their construction and installation. Recreational
vehicles, unless otherwise noted, are not allowed for use as a THOW by the draft
ordinance. Recreational vehicles may include motor homes, travel trailers, truck campers,
or camping trailers, with or without motive power, and are not intended as permanent
dwellings. Both park trailers and manufactured homes resemble traditional dwellings,
whereas motor homes, truck trailers, fifth wheels, do not have that resemblance and are
more likely to alter neighborhood character.
Council previously directed staff to include design criteria in the draft ordinance to ensure
THOW resemble the appearance of a traditional home. Park trailers, although defined as
a type of RV, are allowed because they resemble the appearance of a traditional home.
Page 22 of 60
Planning Commission
Consideration Of Amendments To Title 16 Of The Arroyo Grande Municipal Code
(AGMC) Regarding Tiny Homes on Wheels; Development Code Amendment 20 -004;
Location – Citywide
October 4, 2022
Page 3
Camping cabins are specifically not allowed be cause pursuant to the California Code of
Regulations, they cannot include plumbing, and therefore could not support daily cooking,
cleaning, and sanitation for the inhabitants as required for a residential unit.
As a residential structure, a THOW must receive approval from the Building Official prior
to occupancy, and depending on the type of structure proposed for the THOW, the
structure may require certification from a State regulatory body. Currently, the State
Department of Housing and Community Development (HCD) does not have a regulatory
definition for a tiny home; therefore, the type of approval and relevant Code requirements
may change depending on the type of structure proposed for the THOW. For example, a
park trailer is defined as a type of recreational vehicle by the California Health and Safety
Code; therefore, park trailers are subject to the requirements of the Recreational Vehicle
Industry Association. The draft ordinance authorizes the Building Official to apply the
appropriate code requirements for the type of structure proposed as the THOW. Previous
editions of the THOW draft ordinance required all structures proposed as THOW to
furnish an insignia of approval issued by HUD, which effectively limit ed the types of
structures that could be proposed as a THOW. The current draft makes a wider variety of
structures available for use as a THOW and provides the Building Official flexibility to use
the appropriate construction standards based on the type of tiny home.
Siting and Design Criteria
The draft ordinance considers a THOW to be an accessory structure and allowed on all
lots developed with an existing single-family dwelling. Properties that have an existing
ADU would be prohibited from adding a THOW. Single family dwellings that have a Junior
ADU would still be allowed to add a THOW.
The draft ordinance includes several siting and design criteria, as well. The ordinance
would require a four-foot setback from side and rear property lines, and a ten -foot setback
from a street side property line. A THOW must be located behind the existing single -family
dwelling to minimize aesthetic impacts and maintain community character. Mechanical
equipment is not allowed to be located on a roof of a THOW, and rooftop decks are also
prohibited to minimize visual impacts and avoid privacy issues. The THOW must be
parked on a surface paved with asphalt, concrete, or approved alternate materials such
as pavers. With regards to utilities, a THOW must connect to City wa ter and sewer
service, but may be “off grid” for electrical and natural gas service. When a unit proposes
to be “off grid,” the applicant must demonstrate that the means of heating and electrical
power for the unit meet the requirements of the California Energy Code. For example, the
off-grid system must show that it can maintain a comfortable temperature for the
occupants, adequately ventilate the unit, and meet the energy requirements for the
building envelope. These standards shall be provided with a bui lding permit application
and will be approved ministerially by the Building Official.
Page 23 of 60
Planning Commission
Consideration Of Amendments To Title 16 Of The Arroyo Grande Municipal Code
(AGMC) Regarding Tiny Homes on Wheels; Development Code Amendment 20 -004;
Location – Citywide
October 4, 2022
Page 4
Next Steps
A recommendation to adopt the Ordinance from the Planning Commission will result in
the ordinance returning to Council for an introduction hearing. Adoption of the ordinance
would occur at the Council meeting after the introduction hearing, unless Council directs
staff to make substantial changes to the ordinance, in which it may require additional
public hearings.
ALTERNATIVES:
The following alternatives are provided for the Planning Commission’s consideration:
1. Adopt a Resolution recommending that Council adopt the THOW Ordinance; or
2. Modify and adopt a Resolution recommending that Council adopt the THOW
Ordinance; or
3. Provide other direction to staff.
ADVANTAGES:
The ordinance proposes regulations for allowing THOW as an alternative housing solution
that is more affordable than a traditional single-family dwelling or ADU.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
Adoption of the ordinance is not anticipated to have the potential for causing a significant
effect on the environment and no review under the California Environmental Quality Act
(CEQA) is required pursuant to CEQA Guideline Sections 15301 and 15303.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. Members of the public that have previously
submitted comments regarding THOW were also notified of this hearing.
Attachments:
1. Resolution
2. Staff Report and Minutes from the February 8, 2022 City Council Meeting
3. Staff Report and Minutes from the September 13, 2022 City Council Meeting
Page 24 of 60
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING THE CITY
COUNCIL ADOPT AN ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 22-004
REGARDING THE ESTABLISHMENT OF REGULATIONS
FOR TINY HOMES ON WHEELS
WHEREAS, the City of Arroyo Grande (“City”) currently does not allow the use of tiny
homes on wheels as dwelling units; and
WHEREAS, alternative housing models, such as tiny homes on wheels, can provide
flexible housing options for a variety of households living at different income levels; and
WHEREAS, this Ordinance adds Tiny Homes on Wheels as a separately regulated
residential use to encourage housing supply, choices, and affordability; and
WHEREAS, Tiny Homes on Wheels will allow for in-fill development that maintains the
scale and character of existing development; and
WHEREAS, Tiny Homes on Wheels will contribute to the equitable distribution of housing
opportunities that are cost accessible to all residents; therefore, reducing regulato ry and
procedural barriers to increasing housing production and capacity in appropriate
locations; and
WHEREAS, the City desires to preserve its cultural, historical, and architectural heritage
and resources as living parts of community life that benefit and enrich the lives of its
present and future residents; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to the Arroyo
Grande Municipal Code; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on October 4, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby recommends the City Council adopt Ordinances approving Development
Code Amendment 22-004 amending Title 16 of the Arroyo Grande Municipal Code as
attached hereto as Exhibit “A” and incorporated herein by this reference.
On motion by Commissioner ________, seconded by Commissioner _______, and by the
following roll call vote, to wit:
Page 25 of 60
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 4th day of October, 2022.
Page 26 of 60
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 27 of 60
EXHIBIT ‘A’
WHEREAS, the City of Arroyo Grande (“City”) currently does not allow the use of tiny
homes on wheels as dwelling units; and
WHEREAS, alternative housing models, such as tiny houses on wheels, can provide
flexible housing options for a variety of households living at different income levels; and
WHEREAS, this Ordinance adds Tiny Homes on Wheels as a separately regulated
residential use to encourage housing supply, choices, and affordability; and
WHEREAS, Tiny Homes on Wheels will allow for in-fill development that maintains the
scale and character of existing development; and
WHEREAS, Tiny Homes on Wheels will contribute to the equitable distribution of housing
opportunities that are cost accessible to all residents; therefore, reducing regulatory and
procedural barriers to increasing housing production and capacity in appropriate
locations; and
WHEREAS, the City desires to preserve its cultural, historical, and architectural heritage
and resources as living parts of community life that benefit and enrich the live s of its
present and future residents; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to the Arroyo
Grande Municipal Code; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on October 4, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
WHEREAS, the City Council of the City of Arroyo Grande has, after gi ving notice thereof
as required by law, held a public hearing on __________, 2022, concerning proposed
amendments to Title 16 of the Arroyo Grande Municipal Code; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public
meeting on __________, 2022 introduced this Ordinance to add Section 16.52.260 to
Title 16, Chapter 52 of the Arroyo Grande Municipal Code; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the staff
report, its attachments and all supporting materials referenced therein or offered in the
matter as presented at the public hearing.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
Page 28 of 60
SECTION 2. Section 16.52.260 is hereby added in its entirety to Title 16, Chapter 52 of the
Arroyo Grande Municipal Code to read as follows:
16.52.260 – Tiny Homes on Wheels (THOW)
A. Purpose. A Tiny Home on Wheels that meets the definition in this Section may be
built and occupied as a residential unit, subject to the ministerial review and
approval of an application if it complies with the sta ndards of this Section.
B. Definition. A Tiny Home on Wheels (THOW) is a structure built on a chassis and
intended for separate, temporary, independent living quarters for one household
that meets all of the following conditions:
1. Is a detached self-contained unit, designed and built to look like a
conventional building structure, and which includes basic functional areas
that support normal daily routines such as cooking, sleeping, toilet and
bathing facilities; and
2. Is licensed and registered with the California Department of Motor Vehicles
as a habitable structure; and
3. Shall comply with the standards of, and be approved as one of the following
types of structures: a HUD-Code manufactured homes, California
Residential Code or California Building Code home, or park trailer certified
by the Recreational Vehicle Industry Association or another agency
recognized by HCD as capable of certifying a tiny home as suitable for
habitation. The Building Official shall determine the appropriate construction
standards based on the type of tiny home.; and
4. Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection,
cannot move under its own power and is no larger than allowed by California
State Law for movement on public highways; and
5. Has a minimum living area of 100 square feet and maximum of 400 square
feet as measured within the exterior faces of the exterior walls, but not
including loft area.
6. The use of recreational vehicles, as defined in Section 18010(a) of the
California Health and Safety Code, or camping cabins are prohibited from
being used as a Tiny Home on Wheels.
C. Criteria. Notwithstanding any other provision of this Code to the contrary, a Tiny
Home on Wheels (THOW) shall be allowed as an accessory use to a single-family
dwelling. A THOW cannot be attached to or located within a primary residence, or
Page 29 of 60
created through the conversion of an existing structure, and shall be subject to all
of the following criteria:
1. Number. One THOW shall be allowed in all residential zones with an
existing single-family dwelling. No THOW shall be allowed if there is a
permitted Accessory Dwelling Unit. A THOW shall be removed prior to
granting final occupancy for an Accessory Dwelling Unit. The presence of a
Junior Accessory Dwelling Unit, developed pursuant to AGMC Section
16.52.150, would not prohibit the construction of a THOW.
2. Limitation on Use. A THOW shall not be utilized as a short-term rental of
less than 30 days.
3. Location. A THOW shall be located behind the primary residence with a
minimum setback of four (4) feet from any interior side or rear property line,
and ten (10) feet from a street side lot line.
4. Parking and Surface. The THOW shall be parked on a paved or alternate
pad that includes bumper guards, curbs, or other installations adequate to
prevent movement of the THOW. The wheels and leveling or support jacks
must sit on a paving surface that meet either of the following criteria:
a. A parking area for a moveable THOW shall be paved with hard, durable
asphaltic paving that is at least two inches thick after compaction, or with
cement paving at least three inches thick; or
b. Alternative paving materials may consist of porous asphalt, porous
concrete, permeable interlocking concrete pavers, permeable pavers, ,
plastic or concrete grid system confined on all sides and filled with gravel
or grass in the voids, or other similar materials that meet the following
requirements:
i. Permeable interlocking concrete pavers and permeable pavers shall
have a minimum thickness of 80 mm (3.14 inches); and
ii. Products and underlying drainage material shall be installed to meet
manufacturers’ specifications. Sub-grade soils shall be compacted
as required to meet the product installation specifications;
iii. No additional parking shall be required for the THOW, and displaced
parking resulting from the placement of THOW is not required to be
replaced.
5. Utilities. The THOW shall be connected to City water, and sewer utilities in
compliance with the Municipal Code. A tiny home may be off grid for
electrical and gas if it can be demonstrated that the unit has adequate
Page 30 of 60
heating and electrical power to the satisfaction of the Building Official. Gas
powered generators are not allowed as a means to provide electricity to a
THOW.
6. Design. The THOW shall resemble the general appearance of a traditional
home and incorporate all of the following design elements:
a. Windows shall be at least double pane glass, and include exterior trim.;
b. Mechanical equipment shall be incorporated into the structure and not
be located on the roof.
c. Decks: Attached patios, decks, landings, or similar architectural
features, whether covered or uncovered, shall be open on at least two
sides and are limited to 100 percent of the floor area of the THOW .
Rooftop decks are not allowed on THOW.
d. Screening. The THOW undercarriage (wheels, axles, tongue and hitch)
shall be hidden from view by use of skirting or landscaping.
7. Height. A THOW shall not exceed one story or 16 feet in height, whichever
is less.
8. Addresses. No separate addresses shall be assigned for a THOW .
SECTION 3: Arroyo Grande Municipal Code Section 16.04.070 is hereby amended as
follows:
16.04.070 Definitions
“Tiny Home on Wheels” means a structure built on a chassis and intended for separate,
temporary, independent living quarters for one household that meets the conditions
listed in Section 16.52.260.B
SECTION 4. Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 5. 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.
Page 31 of 60
SECTION 6. This Ordinance shall take effect and be in full force and effect thir ty (30)
days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2022.
Page 32 of 60
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Page 33 of 60
ATTACHMENT 2
Attachment 2 – Staff Report and Minutes from the February 8, 2022 City Council Meeting
are available as links:
ADU Introduction Staff Report
Minutes from the February 8, 2022 City Council Meeting
Page 34 of 60
ATTACHMENT 3
Attachment 3 – Staff Report from the September 13, 2022 City Council Meeting is
available as a link:
THOW Study Session Staff Report
Page 35 of 60
1
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO
GRANDE REDEVELOPMENT AGENCY
September 13, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council/Board Members Present: Mayor/Chair Ray Russom, Mayor Pro
Tem/Vice Chair George, Council/Board
Member Paulding, Council/Board Member
Storton
Council/Board Members Absent: Council/Board Member Barneich
Staff Present: City Clerk Jessica Matson, City Attorney
Timothy Carmel, City Manager Whitney
McDonald, Assistant City Manager/Public
Works Director Bill Robeson, Administrative
Services Director Nicole Valentine,
Community Development Director Brian
Pedrotti, Chief of Police Michael Martinez,
Planning Manager Andrew Perez, Associate
Planner Patrick Holub, Contract Building
Official Mark Meyers
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
Mayor/Chair Ray Russom called the Regular City Council/Successor Agency to the Dissolved Arroyo
Grande Redevelopment Agency Meeting to order at 6:00 p.m.
2.ROLL CALL
City Clerk Matson took roll call.
3.MOMENT OF REFLECTION
Page 36 of 60
7
hearing. Mayor Ray Russom responded to questions from the public. City Attorney Carmel
provided clarification regarding references to properties being "grandfathered in."
Staff responded to questions from Council.
Moved by Mayor/Chair Ray Russom
Seconded by Council/Board Member Paulding
To modify the Ordinance as follows: a cap of 90 vacation rentals with a 6-month lookback; a
short term rental buffer of 500 feet as recommended by the Planning Commission; language for
revocation triggers; "unresponsive emergency contact" defined as a contact who does not
respond 3 times in a 12-month rolling period and would initiate a revocation hearing; language
that 2 citations or arrests in a 12-month rolling period would initiate a revocation hearing;
language in outreach letters regarding voluntary relinquishment of permits for existing permit
holders; language that TOT must be paid every 6 months; modify language that states the 2-
space parking requirement only applies to vacation rentals; the wording "revocation proceeding"
be changed to "revocation hearing;" definitions are approved as presented by staff; and to
continue the introduction of an Ordinance amending Title 16 of the AGMC regarding short term
rentals to a date certain of September 27, 2022.
AYES (3): Mayor/Chair Ray Russom, Council/Board Member Paulding, and Council/Board
Member Storton
ABSENT (2): Mayor Pro Tem/Vice Chair George, and Council/Board Member Barneich
Passed (3 to 0)
10.OLD BUSINESS
None.
11.NEW BUSINESS
11.a Discussion of Draft Ordinance Addressing Tiny Homes on Wheels
This item was heard after item 9.a. Mayor Ray Russom previously declared a conflict of interest
due to owning an ADU and left the meeting.
Planning Manager Perez presented the report and staff responded to questions from Council.
Mayor Pro Tem George invited public comment. Speaking from the public was Joe Pollon. No
further public comments were received.
Building Official Meyers provided more information regarding tiny home accreditation
organizations permitted. Mayor Pro Tem George directed staff to research accreditation options.
Moved by Council/Board Member Paulding
Seconded by Council/Board Member Storton
Approve staff's recommendation with the modification to add language to paragraph B3 to state
"in addition to the RVIA any other HCD approved association", and to ban roof top decks.
Page 37 of 60
8
AYES (3): Mayor Pro Tem/Vice Chair George, Council/Board Member Paulding, and
Council/Board Member Storton
ABSENT (2): Mayor/Chair Ray Russom, and Council/Board Member Barneich
Passed (3 to 0)
12.COUNCIL COMMUNICATIONS
This item was heard out of order.
Mayor/Chair Ray Russom stated that she will be unable to attend the Mayor's meeting and asked if any
other Council Member would be available to attend. Council members Storton, Paulding and George
stated they would not be able to attend.
13.CLOSED SESSION
None.
14.ADJOURNMENT
There being no further business to come before the City Council/Board of Directors, Mayor Pro Tem
George adjourned the meeting at 9:47 p.m.
_________________________
Caren Ray Russom, Mayor/Chair
_________________________
Jessica Matson, City Clerk/Secretary
Page 38 of 60
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Consideration of Appeal to Planning Commission Case 22-001;
Appeal of Plot Plan Review 22-026 for the Establishment of a Vacation
Rental; Location – 1136 East Grand Avenue
DATE: October 4, 2022
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 June 9, 2022.
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:
Adopt a Resolution denying Appeal Case No. 22-001 and approving Plot Plan Review
22-026 (Attachment 1).
BACKGROUND:
On June 10, 2014, the City Council adopted Ordinance No. 663, establishing vacation
rentals and homestays (Short Term Rentals or STRs) 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). A vacation rental is defined as a structure being rented for less
than thirty (30) days without concurrently being occupied b y the owner/operator, while a
homestay is defined as an owner-occupied dwelling unit where a maximum of two short-
term lodging rooms are provided for compensation. These two uses are collectively
known as Short Term Rentals or STRs.
The Ordinance went into effect on July 10, 2014. Since that time, the City has permitted
eighty-six (86) vacation rentals and forty-seven (47) homestays, not including this
Page 39 of 60
Planning Commission
Consideration of Appeal to Planning Commission Case 22 -001; Appeal of Plot Plan
Review 22-026 for the Establishment of a Vacation Rental; Location – 1136 East Grand
Avenue
October 4, 2022
Page 2
application. Since the adoption of Ordinance No. 663, nine (9) permits that were
approved by the Community Development Director for the establishment of a vacation
rental have been appealed to the Planning Commission. All nine (9) 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. Of the nine (9) approvals
that have been appealed, two (2) of those were further appealed to the City Council. In
both of those cases, the City Council was able to make the required findings for approval,
denied the appeal and upheld the Community Development Director’s original decision.
Property History
On June 9, 2022, the Community Development Director approved Plot Plan Review 22 -
026 for the establishment of a vacation rental at 1136 East Grand Avenue. At the time of
approval, notices of the Director’s approval were sent to the owners of properties within
300 feet of the subject property. The notice included the name and phone number o f the
applicant’s local contact person in accordance with AGMC 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 approval letter is included as Attachment
3.
The Director’s approval of the application was reported to the Planning Commission a t its
regularly scheduled meeting on August 2, 2022, pursuant to AGMC Section 16.12.155.
After receiving public comment, the Planning Commission voted by consensus to appeal
the Community Development Director’s decision to approve the application to establish a
vacation rental at the subject location.
ANALYSIS OF ISSUES:
Basis of the Appeal
The public comment received during the August 2, 2022 Planning Commission meeting
indicated that the listed emergency contact’s phone number was a number for a local
non-profit organization, known as “Building a Better SLO,” which was created to, “bring
new information, ideas and inspiration to San Luis Obispo, equipping our community to
discuss and re-imagine our built environment for the future.” After contacting the
emergency contact and conducting additional research, staff has determined that the
designated emergency contact is a board member of Building a Better SLO, and that the
phone number listed on the approval mailer postcard is the emergency contact’s personal
phone number, which he also uses as a general contact number for the non -profit
organization. In staff’s opinion, the listed emergency contact is compliant with
performance standard number five for vacation rentals, which states,
Page 40 of 60
Planning Commission
Consideration of Appeal to Planning Commission Case 22 -001; Appeal of Plot Plan
Review 22-026 for the Establishment of a Vacation Rental; Location – 1136 East Grand
Avenue
October 4, 2022
Page 3
“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 -minute drive of the property.
The contact person or entity must be available via telephone twenty -four (24) hours a day,
seven 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 hours between seven a.m. a nd nine p.m.,
and within thirty (30) minutes between nine p.m. and seven a.m.”
The application meets all of the other performance standards for a vacation rental,
therefore staff recommends a denial of the appeal.
ALTERNATIVES:
1. Adopt the attached Resolution denying Appeal Case No. 22-001 and approving
Plot Plan Review Case No. 22-026;
2. Modify and adopt the attached Resolution denying Appeal Case No. 2 2-001 and
approving Plot Plan Review Case No. 22-026;
3. Do not adopt the attached Resolution, take tentative action to approve Appeal
Case No. 22-001, and provide direction for staff to return with an appropriate
resolution including findings for denial of Plot Plan Review Case No. 2 2-026; or
4. 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 ti me. 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
standards or the conditions of the permit, remedies are made available through the
AGMC.
Page 41 of 60
Planning Commission
Consideration of Appeal to Planning Commission Case 22 -001; Appeal of Plot Plan
Review 22-026 for the Establishment of a Vacation Rental; Location – 1136 East Grand
Avenue
October 4, 2022
Page 4
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:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Resolution
2. Ordinance No. 663
3. June 9, 2022 Approval Letter
4. Approval Mailer
Page 42 of 60
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE DENYING APPEAL CASE NO.
22-001 AND APPROVING PLOT PLAN REVIEW CASE NO.
22-026; LOCATED AT 1136 EAST GRAND AVENUE;
APPLIED FOR BY WILLIAM RUOFF; APPEALED BY THE
PLANNING COMMISSION
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 May 16, 2022, the applicant submitted an application for Plot Plan Review
No. 22-026 for the establishment of a vacation rental in an existing, two-bedroom residence
located at 1136 East Grand Avenue; and
WHEREAS, on June 9, 2022, the Community Development Director (Director) approved
Plot Plan Review No. 22-026 based upon the findings for approval of the permit; and
WHEREAS, notice of the Director’s determination were mailed to all property owners within
300’ of the project site to notify them of the approved request to establish the vacation rental;
and
WHEREAS, the Director’s decision was reported to the Planning Commission on August 2,
2022, in accordance to Arroyo Grande Municipal Code Section 16.12.155, and an appeal
of the approval was filed by consensus of the Planning Commission.; 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 considered the
appeal at a duly noticed public hearing on October 4, 2022; 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;
Page 43 of 60
RESOLUTION NO.
PAGE 2
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 Fair Oaks Mixed Use 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. 22-001 and approves Plot Plan Review Case No.
22-026 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 , seconded by , and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 4th day of October, 2022.
Page 44 of 60
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 45 of 60
RESOLUTION NO.
PAGE 4
EXHIBIT “A”
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 22-026
1136 E. GRAND AVE.
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. This approval authorizes the establishment of a vacation rental in the three -
bedroom residence on property located at 1136 East Grand Avenue.
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 May 16, 2022.
4. This permit shall automatically expire on October 4, 2024 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 licens e 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 William Ruoff and he can be reached at 805-
235-5333.
8. The operator shall annually notify the Community Development Department of the
name, address, and phone number of the contact person, at time of business license
renewal.
9. The operator shall conspicuously post a written notice inside the vacation rental
with the name, address, and telephone number of the required contact person.
Page 46 of 60
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 two (2) bedrooms in the main dwelling unit, a maximum
of six (6) 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.
Page 47 of 60
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
Page 48 of 60
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.
Page 49 of 60
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
Page 50 of 60
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
Page 51 of 60
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.
Page 52 of 60
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.
Page 53 of 60
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
Page 54 of 60
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
Page 55 of 60
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
June 9, 2022
William Ruoff
761 Paul Place
Arroyo Grande, CA 93420
SUBJECT: PLOT PLAN REVIEW 22-026; ESTABLISHMENT OF A VACATION RENTAL IN THE FAIR OAKS MIXED-
USE (FOMU) ZONING DISTRICT; LOCATION – 1136 EAST GRAND AVENUE, UNIT TWO; APPLICANT –
WILLIAM RUOFF
Dear Mr. Ruoff:
On June 9, 2022, the Community Development Director approved the above-referenced project for the establishment
of a vacation rental in a single family home in the Fair Oaks Mixed-Use (FOMU) 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 FOMU 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 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 mixed-use neighborhood in the FOMU 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
Page 56 of 60
PLOT PLAN REVIEW 22-026
JUNE 9, 2022
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 May 16, 2022.
5. This permit shall expire on June 9, 2024, 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 William Ruoff and he
can be reached at 805-235-5333.
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 two (2) bedrooms in the single family residence and the character
of the neighborhood, a maximum of six (6) 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.
Page 57 of 60
PLOT PLAN REVIEW 22-026
JUNE 9, 2022
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 June 21, 2022. 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 June 22, 2022 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
Associate Planner
cc: Building Official
Accounting Manager
Page 58 of 60
Notice of Approval - Plot Plan Review The Community Development Director has approved a Plot Plan Review for a Vacation Rental within 300 feet of your property. Plans are available for review in the Community Development Department. If you disagree with this decision, you may appeal the determination to the Planning Commission. Appeals must be filed with the Planning Commission Secretary no later than June 22, 2022 at 5:00 pm. Appeals shall be in writing on a form obtained from the Community Development Department and include the specific reasons for the basis of the appeal, the required fee and mailing labels for properties within 300 feet. For more information regarding the Plot Plan Review process please call the Community Development Department at (805) 473-5420. If issues with the vacation rental arise in the future, you can contact the local contact listed above to rectify those issues. Applicant: William Ruoff Project Number: Plot Plan Review 22-026 Project: Vacation Rental in an Existing Multi-Family Structure. Location: 1136 East Grand Avenue Local Contacts: William Ruoff 805-235-5333 Dear Property Owner: Notice of Approval - Plot Plan Review The Community Development Director has approved a Plot Plan Review for a Vacation Rental within 300 feet of your property. Plans are available for review in the Community Development Department. If you disagree with this decision, you may appeal the determination to the Planning Commission. Appeals must be filed with the Planning Commission Secretary no later than June 22, 2022 at 5:00 pm. Appeals shall be in writing on a form obtained from the Community Development Department and include the specific reasons for the basis of the appeal, the required fee and mailing labels for properties within 300 feet. For more information regarding the Plot Plan Review process please call the Community Development Department at (805) 473-5420. If issues with the vacation rental arise in the future, you can contact the local contact listed above to rectify those issues. Applicant: William Ruoff Project Number: Plot Plan Review 22-026 Project: Vacation Rental in an Existing Multi-Family Structure. Location: 1136 East Grand Avenue Local Contacts: William Ruoff 805-235-5333 Dear Property Owner: Notice of Approval - Plot Plan Review The Community Development Director has approved a Plot Plan Review for a Vacation Rental within 300 feet of your property. Plans are available for review in the Community Development Department. If you disagree with this decision, you may appeal the determination to the Planning Commission. Appeals must be filed with the Planning Commission Secretary no later than June 22, 2022 at 5:00 pm. Appeals shall be in writing on a form obtained from the Community Development Department and include the specific reasons for the basis of the appeal, the required fee and mailing labels for properties within 300 feet. For more information regarding the Plot Plan Review process please call the Community Development Department at (805) 473-5420. If issues with the vacation rental arise in the future, you can contact the local contact listed above to rectify those issues. Applicant: William Ruoff Project Number: Plot Plan Review 22-026 Project: Vacation Rental in an Existing Multi-Family Structure. Location: 1136 East Grand Avenue Local Contacts: William Ruoff 805-235-5333 Dear Property Owner: Notice of Approval - Plot Plan Review The Community Development Director has approved a Plot Plan Review for a Vacation Rental within 300 feet of your property. Plans are available for review in the Community Development Department. If you disagree with this decision, you may appeal the determination to the Planning Commission. Appeals must be filed with the Planning Commission Secretary no later than June 22, 2022 at 5:00 pm. Appeals shall be in writing on a form obtained from the Community Development Department and include the specific reasons for the basis of the appeal, the required fee and mailing labels for properties within 300 feet. For more information regarding the Plot Plan Review process please call the Community Development Department at (805) 473-5420. If issues with the vacation rental arise in the future, you can contact the local contact listed above to rectify those issues. Applicant: William Ruoff Project Number: Plot Plan Review 22-026 Project: Vacation Rental in an Existing Multi-Family Structure. Location: 1136 East Grand Avenue Local Contacts: William Ruoff 805-235-5333 Dear Property Owner: Page 59 of 60
City of Arroyo Grande Community Development Department 300 East Branch Street Arroyo Grande, CA 93420 City of Arroyo Grande Community Development Department 300 East Branch Street Arroyo Grande, CA 93420 City of Arroyo Grande Community Development Department 300 East Branch Street Arroyo Grande, CA 93420 City of Arroyo Grande Community Development Department 300 East Branch Street Arroyo Grande, CA 93420 Page 60 of 60