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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 would like to subscribe to receive email or text message notifications when agendas are posted, you 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