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Agenda Package - PC_Nov01_2022PLANNING COMMISSION MEETING AGENDA Tuesday, November 1, 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 Vice Chair Maraviglia 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 October 18, 2022 Regular Meeting 7.b.Consideration of Lot Line Adjustment 22-003; Location 688 Equestrian Way; Applicant – Bryan Childress; Representative – Marc Dakos (PEREZ) Recommended Action: It is recommended that the Planning Commission adopt a Resolution approving Lot Line Adjustment 22-003. 8.PUBLIC HEARINGS 8.a.Consideration of Appeal 22-002; Appeal of Plot Plan Review 22-043 for the Establishment of a Vacation Rental; Location – 444 Walnut Street; Appellant – Janet Wood, et. al. (HOLUB) Recommended Action: Adopt a Resolution denying Appeal Case No. 22-002 and approving Plot Plan Review 22- 043. 9.NON-PUBLIC HEARING ITEMS None. 10.NOTICE OF ADMINISTRATIVE ITEMS SINCE OCTOBER 18, 2022 ITEM NO. 1: Plot Plan Review 22-058; Establishment of A Vacation Rental in an Existing Single Family Residence; Location – 509 North Via Belmonte Court; Applicant – Denise Martin 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 Residential Hillside (RH) zoning district. The deadline to appeal this project is at 5:00 pm on November 7, 2022. ITEM NO. 2: Plot Plan Review 22-059; Establishment of A Vacation Rental in an Existing Single Family Residence; Location – 795 East Cherry Avenue; Applicant – Stephanie Burkard Page 2 of 45 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 Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on November 7, 2022. ITEM NO. 3: Plot Plan Review 22-055; Establishment of A Vacation Rental in an Existing Single Family Residence; Location – 882 Huasna Road; Applicant – Summer Fox 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 Multi-Family (MF) zoning district. The deadline to appeal this project is at 5:00 pm on November 7, 2022. ITEM NO. 4: Plot Plan Review 22-042; Establishment of A Vacation Rental in an Existing Single Family Residence; Location – 512 Carmella Drive; Applicant – David Roth 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 Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on November 7, 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 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 3 of 45 1 ACTION MINUTES MEETING OF THE PLANNING COMMISSION October 18, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Commission Members Present: Chair Glenn Martin, Commissioner Jim Guthrie, Kevin Buchanan Commission Members Absent: Vice Chair Jamie Maraviglia Staff Present: Planning Manager Andrew Perez, Associate Planner Patrick Holub, Community Development Director Brian Pedrotti Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. _____________________________________________________________________ 1.CALL TO ORDER Chair Martin called the Planning Commission meeting to order at 6:00pm. 2.ROLL CALL Vice Chair Maraviglia was absent. 3.F LAG SALUTE Chair Martin led the flag salute. 4.AGENDA REVIEW None. 5.COMMUNITY COMMENTS AND SUGGESTIONS None. 6.WRITTEN COMMUNICATIONS None. 7.CONSENT AGENDA 7.a Approval of Minutes (HOLUB) ATTACHMENT 1 Page 4 of 45 2 Moved by Chair Martin Seconded by Commissioner Guthrie Approve the Minutes from the October 4, 2022 Meeting Passed 8. PUBLIC HEARINGS None. 9. NON-PUBLIC HEARING ITEMS None. 10. NOTICE OF ADMINISTRATIVE ITEMS SINCE OCTOBER 4, 2022 Received. Chair Martin opened the public comment period. Mike Peterson, 1580 Hillcrest, spoke about potential concerns related to the vacation rental. Kelly Childress, 1601 Sierra, spoke about the ways they manage their vacation rentals to minimize impacts to the neighborhood. Chair Martin closed the public comment period. 11. COMMISSION COMMUNICATIONS Chair Martin mentioned the vacancy on the Planning Commission and invited the public to apply for the open spot. 12. STAFF COMMUNICATIONS Director Pedrotti provided an update regarding the newly adopted short term rental and parklet ordinances. Planning Manager Perez provided an update regarding the upcoming introduction of an ordinance regulating tiny homes on wheels. 13. ADJOURNMENT The Meeting adjourned at 6:14pm. _________________________ Glen Martin, Chair _________________________ Page 5 of 45 3 Patrick Holub, Associate Planner Page 6 of 45 MEMORANDUM TO: Planning Commission FROM: Brian Pedrotti, Community Development Director BY: Andrew Perez, Planning Manager SUBJECT: Consideration of Lot Line Adjustment 22-003; Location 688 Equestrian Way; Applicant – Bryan Childress; Representative – Marc Dakos DATE: November 1, 2022 SUMMARY OF ACTION: Approval of the Lot Line Adjustment will adjust an interior lot line between two residential properties on Equestrian Way. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Lot Line Adjustment 22-003. BACKGROUND: The application proposes to relocate an interior lot line dividing 676 and 688 Equestrian Way. The properties were created by the recordation of Tract No. 675 and are located within the Planned Development 1.1 zoning district. Both properties are developed with single family dwellings and are accessed by a shared driveway from Equestrian Way. A small deck and hot tub was constructed over the property line and this application is means of rectifying the encroachment. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project on October 20, 2022. Members of the SAC were supportive of the project and recommended approval to the Planning Commission. Page 7 of 45 Planning Commission Consideration of Lot Line Adjustment 22-003; Location 688 Equestrian Way; Applicant – Bryan Childress; Representative – Marc Dakos November 1, 2022 Page 2 ANALYSIS OF ISSUES: Project Description: The proposed Lot Line Adjustment will adjust the interior lot line dividing two (2) parcels resulting in modification of parcel shapes and width (Exhibit B of Attachment 1). The proposal will change the configuration of the existing lot line and slightly alter the width of each parcel at various points, but the overall size of each lot will not change as a result of this proposal. Parcel two was created as a flag lot and the stem of that lot maintains the 18 -foot width, which is the minimum width required by the Municipal Code. The existing access easement will not be affected by the proposed lot line adjustment. Both parcels, and the dwellings on each, comply with the development standards for the zoning district, including setbacks, lot coverage, and floor-area ratio. The adjustment of the lot line will not make any aspect of the development nonconforming to the standards for the z one. The hot tub belonging to the owner of 676 Equestrian Way was built over the property line and this adjustment will make that improvement conform to the setbacks. ALTERNATIVES: The following alternatives are provided for the Planning Commission’s consideration: 1. Adopt the attached Resolution approving Lot Line Adjustment No. 22-003; 2. Modify and adopt the attached Resolution approving Lot Line Adjustment No. 22 - 003; 3. Do not adopt the attached Resolution and instead provide direction for staff to return with an appropriate resolution including findings for denial of Lot Line Adjustment No. 22-003; or 4. Provide direction to staff. ADVANTAGES: An approval of the lot line adjustment will relocate the interior lot line to make the existing improvements conform to the development standards of the zone. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and deemed categorically exempt per Section 15305(a) of t he CEQA Guidelines regarding minor lot line adjustments not resulting in the creation of any new parcel. Page 8 of 45 Planning Commission Consideration of Lot Line Adjustment 22-003; Location 688 Equestrian Way; Applicant – Bryan Childress; Representative – Marc Dakos November 1, 2022 Page 3 PUBLIC NOTIFICATION AND COMMENTS: Pursuant to Arroyo Grande Municipal Code Section 16.12.030 (B), a public hearing is not required for approval of a lot line adjustment. 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 9 of 45 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO. 22-003; LOCATED AT 676 AND 688 EQUESTRIAN WAY; APPLIED FOR BY BRYAN CHILDRESS WHEREAS, the applicant has filed Lot Line Adjustment No. 22-003 to adjust lot lines between the two (2) parcels located at 676 Equestrian Way and 688 Equestrian Way, maintaining a total of two (2) parcels; and WHEREAS, the proposed Lot Line Adjustment meets the standards identified in the Municipal Code; and WHEREAS, Municipal Code Table 16.12.030 (B) requires that lot line adjustments be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed the project at its meeting on November 1, 2022; and WHEREAS, the Planning Commission finds that this project is consistent with the City’s General Plan and Development Code; and WHEREAS, the Planning Commission finds, after due study and deliberation, the proposed lot line adjustment does not: 1.Create any new lots; 2.Include any lots or parcels created illegally; 3.Impair any existing access or create a need for access to any adjacent lots or parcels; 4.Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; 5.Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; 6.Require substantial alteration of any existing improvements or create a need for any new improvements; 7.Create a nonconforming lot in the development district in which it exists, except as allowed in Municipal Code Section 16.48.110. ATTACHMENT 1 Page 10 of 45 RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment No. 22-003 as set forth in Exhibit “B” attached hereto and incorporated herein by this reference, with the above findings and subject to the conditions as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference. On a motion by Commissioner _____, seconded by Commissioner ______ and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 1st day of November, 2022. Page 11 of 45 RESOLUTION NO. PAGE 3 _______________________________ GLENN MARTIN, CHAIR ATTEST: _______________________________ PATRICK HOLUB, SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR Page 12 of 45 RESOLUTION NO. PAGE 4 EXHIBIT “A” CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 22-003 676 AND 688 EQUESTRIAN WAY This approval authorizes a lot line adjustment between the parcels located at 676 Equestrian and 688 Equestrian (APN 007-851-050 and 007-851-012). GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Lot Line Adjustment 22-003. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of November 1, 2022 and marked Exhibit “B”. 4. This approval shall automatically expire on November 1, 2024 unless the lot line adjustment is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. Future development shall conform to the applicable zoning district requirements except as otherwise approved. 6. The applicant agrees to indemnify, defend, and hold harmless at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of this approval, or in any way relating to the implementation thereof, 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 applicant of his/her obligations. 7. The applicant shall submit all information required by Municipal Code Section 16.20.140. 8. The applicant shall pay processing and plan check fees at the time they are due. 9. The applicant shall have a licensed land surveyor in the State of California Page 13 of 45 RESOLUTION NO. PAGE 5 prepare the Lot Line Adjustment on City-approved forms. 10. The Lot Line Adjustment is preferred to be finalized by recording a Lot Line Adjustment Map, and by subsequent deed transfers. 11. A current preliminary title report shall be submitted to the Community Development Department prior to checking the final documents. 12. The applicant shall furnish a certificate from the tax collector’s office indicating that there are no unpaid taxes or special assessments against the property. Page 14 of 45 _J \,_ ( ) ( } ) r ( ) D�NAGE EASEMENT/ __/ PER 9/M B/70 ! \ \ \ \ \ \ l \ I 1 40' PRNATE ROAD� I I �. \ EASEMENT o PER 9/MB/70 I I I � \1 �54•55•�4"E r 1 , RA7L 1 I I I I I I I \ \ PORTION LOT 1(1 I \ \ TRACT 675 \ li ( L=1lio.45' I \ I \ \ \ \ \ I r \ S 5 °03'57"E r7,69' 1 \ \ \ \ \ l ) \ \ \ I \ I ( I I l \ \ \ 7 0 / I I I I \ / x I I I ( I I / I I I I J _j.J--r--0 0 / (\ / I I / I { I ( ( I I / \, j I ) I I I I I N55'03/ "W 207.26/ I \ \ 0 PROPOSED PARCEL 2 AGAL 22-0021 \ " " '-.._ '-- ....... ·· - · - _PAYERS - \ \ \ \ \ \ \ \ \ \ \ '\._ '-.._ 0 0 '---\ " " " LOT 72 TRACT 1149 " " " 0 \ -----... "'- " n Vicinity Map � ,._ ounty of NT S o'?' S.L.O.. . . 'S" ✓, ' ' -...I TRIAN -J___�?o y I:' W GRA ND AVECity of Pismo Beach City of Arroyo Grande Legend ® SEE SYMBOL LEGEND -s-POSSIBLE SEWER LINEDRIP CANOPY I STRUCTURE Ci) SEWER MANHOLE © SEWER CLEANOUT [§ ELECTRIC UTILITY � FIRE HYDRANT *LIGHT POLEWATER METERliYilJ '\ [fl PHONE PEDESTAL \ \ \ \ 10' DRAINA�E EASEMENT\ PER 13/MB/23\ \ \ \ \ \ \ I \ " \ I I ( \ ( \ ) \ ( \ \ l ST�UCTURE \ � ) ( I \ \ J ( I r I \ I\ \ \ \ ) \ I \ ( ( I ( \ \ \"' '-----\ \ \ �\ \� \ " I ( \ \ ' \ \ \ \ \ \ i§M] IMil \ \ ( j I I \ ( \ \ \ \ ( I \ \ \ I I I GAS METER MAIL BOX ( I \ \ I l \ (� tv �s � 7600 Morro Rd ph (805)465-2445 A1:a5Cilderu, CA93422 info@dakoslandrnrveys.com www.DakosLandSurveys.com 20· 0 1� Existing Parcels Portion Lot 11, Tract 675 Lot 12, Tract 675 Proposed Parcels Proposed Parcel 1 Proposed Parcel 2 Symbol Legend GRAPHIC SCALE 1 o· 20· l�I 40' 80' l__ �I ( IN FEET ) 1 inch - 20 ft. Area 48,055 s.f. 1.10 ac ± 47,343 s.f. 1.09 ac ± Area 48,055 s.f. 1.10 ac ± 47,343 s.f. 1.09 ac ± Average Slope APN's 27% ± 007-851-05021% ± 007-851-012 Difference in Area (Existing vs Proposed) 0 s.f. 0.00 ac ± 0 s.f. 0.00 ac ± @ "10 foot easement for road purposes, public utility and incidental purposes" listed in referenced preliminary title report legal description as "Parcel A1". ®"10 foot easement for road purposes, public utility and incidental purposes" listed in referenced preliminary title report legal description as "Parcel B1 ". Unplottable Easements Easement for pipeline recorded June 2, 1932 in Book 124, Page 449 O.R. Easement(s), if any, contained in the document recorded August 24, 1977 in Book 2005, Page 360 O.R. Owners Bryan Childress and Jennifer Childress, husband and wife as community property with right of survivorship (Portion Lot 11; A.P.N. 007-851-050) 688 Equestrian Way, Arroyo Grande, CA 93420 Juan Reynoso, Jr. and Linda Ramirez-Reynoso, husand and wife as community property with right of survivorship 676 Equestrian Way, Arroyo Grande, CA 93420 (Lot 12; A.P.N. 007-851-012) Lien Holders (Affecting Portion Lot 11; A.P.N. 007-851 -050) Sesloc Federal Credit Union as beneficiary under deed of trust recorded April 15, 2020 as Instrument No. 2020-018179 O.R. Quicken Loans Inc. as beneficiary under corrective deed of trust recorded December 30, 2020 as Instrument No. 2020-078366 O.R. (Affecting Lot 12; A.P.N. 007-851-012) Quicken Loans Inc. as beneficiary under corrective deed of trust recorded April 28, 2020 as Instrument No. 2020-020378 O.R. Coastal Funding SLC, Inc. dba Pacific Trust Mortgage as beneficiary under deed of trust recorded December 17, 2020 as Instrument No. 2020-074988 O.R. Sesloc Federal Credit Union as beneficiary under deed of trust recorded December 3, 2021 as Instrument No. 2021-079443 O.R. Notes 1)Site features shown are based on data compiled from aerial imagery, surveyand record data, and informational sources. 2)Subject parcel boundaries shown are based on data compiled from survey andrecord data information.3)Average slope shown is based on County of San Luis Obispo permit view GISwebsite data. 4)Existing & proposed zoning category is Planned Development PD1.1 based onCity of Arroyo Grande Zoning Map dated September, 2018. 5)Existing & proposed land use category is SFR Low Density based on City ofArroyo Grande Land Use Map dated September, 2018. 6)Number of lots being adjusted: 2 EXHIBIT "B" PRELIMINARY LOT LINE ADJUSTMENT MAP Site: Requested By: AGAL 22-0021 676 & 688 Equestrian Way Bryan Childress PROPOSED LOT LINE ADJUSTMENT OF LOT 12 AND A PORTION OF LOT 11, TRACT 675, CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA PER 9/MB/70. PRELIM. TITLE REPORT: FIRST AMERICAN 4001-6776543 MAP REVISION DATE: 6-16-2022 JOB FILENAME: 22-060 Childress Equestrian PLLA Drafter: Project: Job: Sheet: DD 21-217 22-060 1 of 1 Page 15 of 45 MEMORANDUM TO: Planning Commission FROM: Brian Pedrotti, Community Development Director BY: Patrick Holub, Associate Planner SUBJECT: Consideration of Appeal 22-002; Appeal of Plot Plan Review 22-043 for the Establishment of a Vacation Rental; Location – 444 Walnut Street; Appellant – Janet Wood, et. al. DATE: November 1, 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 September 13, 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. 22-002 and approving Plot Plan Review 22-043 (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. During the development of Ordinance 663, both the Planning Commission and City Council discussed potential issues related to noise, parking, and other general nuisances, due to concerns expressed by some members of Page 16 of 45 Planning Commission Consideration of Appeal 22-002; Appeal of Plot Plan Review 22-043 for the Establishment of a Vacation Rental; Location – 444 Walnut Street; Appellant – Janet Wood, et. al. November 1, 2022 Page 2 the public. It was from those discussions that the performance standards by which a vacation rental application is reviewed were created. Both bodies came to the conclusion that these concerns could be addressed by compliance with the performance standards and abiding by conditions of approval. Additionally, these issu es were found to be not dissimilar to instances when long-term renters, homeowners, and even private guests of homeowners are the cause of these types of nuisances. However, with a vacation rental the local contact is available to address any complaints and a property owner is motivated to comply with the conditions of approval to avoid possible revocation of the permit. The Ordinance went into effect on July 10, 2014. Since that time, the City has permitted ninety-two (92) vacation rentals and fifty (50) homestays, not including this application. Since the adoption of Ordinance No. 663, ten (10) permits that were approved by the Community Development Director for the establishment of a vacation rental have been appealed to the Planning Commission. All ten (10) 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 ten (10) 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. On October 11, 2022, the City Council adopted a revised ordinance to amend short term rental regulations within the City. Although adopted, the revised ordinance will not become effective until November 11, 2022. Because of the effective date, this application is only subject to Ordinance 663 and is not subject to the amended performance standards in the revised ordinance, therefore the Planning Commission has the authority to grant approval in this case. Property History On September 13, 2022, the Community Development Director approved Plot Plan Review 22-043 for the establishment of a vacation rental at 444 Walnut Street. At the time of the approval, notices were sent to the owners of properties within 300 feet of the subje ct property. The notice included the name and phone number of the applicant’s local contact person in accordance with AGMC Subsection 16.52.230.C.5, appeal information, and information about how to contact the Community Development Department should there be any questions about the project. The approval letter is included as Attachment 3. ANALYSIS OF ISSUES: Basis of the Appeal The appeal forms received on September 20, 2022 indicated concerns transient occupants, safety, noise levels and property values and also made reference to a situation that occurred at that property in the mid-1990s under different ownership. Appeal forms are included as Attachment 4. Page 17 of 45 Planning Commission Consideration of Appeal 22-002; Appeal of Plot Plan Review 22-043 for the Establishment of a Vacation Rental; Location – 444 Walnut Street; Appellant – Janet Wood, et. al. November 1, 2022 Page 3 Vacation Rental Performance Standards Arroyo Grande Municipal Code Section 16.52.230 outlines performance standards and conditions required for the operation of vacation rentals within the City. These performance standards and conditions are intended to ensure vacation rentals conform to the existing character of the neighborhood and do not create an adverse impact on adjacent properties. Applicable performance standards are included as conditions of approval to allow upfront understanding by the applicant of what the City requires for the operation of the vacation rental. Conditions include items such as having a structure consistent with the neighborhood, meeting applicable Codes, maintaining a local contact person to address potential disturbance issues at the vacation rental, and limiting the number of guests allowed to occupy the rental. Staff determined the application met each of the performance standards required by the Municipal Code, and therefore was approved by the Community Development Director. Local Contact Person Condition of Approval No. 6 requires the vacation rental operators to maintain a local contact person or entity, within a fifteen (15) minute drive of the property, to be available to resolve any issues resulting from the use of the residence as a vacation rental. Th is is meant to give neighboring property owners a primary means of addressing the issues raised by the appellant, such as noise and safety, rather than relying solely on City services, such as Police and Community Development. If in the future the local contact changes, the applicants are required to notify the City of the new local contact and property owners within 300 feet would be mailed a postcard with the new contact information. As part of their application, the applicant identified two emergency co ntacts. The primary emergency contact is Kayla Chavez and she can be reached at 805-315- 8880. ALTERNATIVES: 1. Adopt the attached Resolution denying Appeal Case No. 22 -002 and approving Plot Plan Review 22-043; 2. Modify and adopt the attached Resolution denying Appeal Case No. 22-002 and approving Plot Plan Review 22-043; 3. Do not adopt the attached Resolution, take tentative action to approve Appeal Case No. 22-002, and provide direction to staff to return with an appropriate resolution including findings for denial of Plot Plan Review Case No. 22-043; 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. Page 18 of 45 Planning Commission Consideration of Appeal 22-002; Appeal of Plot Plan Review 22-043 for the Establishment of a Vacation Rental; Location – 444 Walnut Street; Appellant – Janet Wood, et. al. November 1, 2022 Page 4 DISADVANTAGES: The establishment of a number of vacation rentals in an established neighborhood could impact the atmosphere developed in the neighborhood through time. Impacts to noise, traffic, property values, and neighborhood composition could be observed. However, concentration limitations and performance standards developed specifically for vacation rentals were intended to reduce this potential, including the designation of a local contact person to manage neighbor complaints and prevent overburdening City services. Additionally, Citywide performance standards, including the Noise Ordinance, also apply to vacation rentals. If the vacation rental begins operating outside of any of these standards or the conditions of the permit, remedies are made available through the AGMC. ENVIRONMENTAL REVIEW: Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and determined that it is categorically exempt per Section 15301 of the CEQA Guidelines regarding existing facilities. PUBLIC NOTIFICATION AND COMMENTS: A notice of public hearing was mailed to all property owners within 300 feet of the project site, published in the Tribune, and posted on the City’s website and at City Hall on Friday, October 21, 2022. The Agenda was posted at City Hall and on the City’s web site in accordance with Government Code Section 54954.2. Attachments: 1. Resolution 2. Ordinance 663 3. Approval Letter 4. Appeal Forms Page 19 of 45 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING APPEAL CASE NO. 22-002 AND APPROVING PLOT PLAN REVIEW CASE NO. 22-043; LOCATED AT 444 WALNUT STREET; APPLIED FOR BY ANJU CHOPRA; APPELLANT – JANET WOOD 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 August 8, 2022, the applicant submitted an application for Plot Plan Review No. 22-043 for the establishment of a vacation rental in an existing, three-bedroom residence located at 444 Walnut Street; and WHEREAS, on September 13, 2022, the Community Development Director approved Plot Plan Review No. 22-043 based upon the findings for approval of the permit; and WHEREAS, notice of the Community Development Director’s determination were mailed to all property owners within 300’ of the project site to notify them of the approved application to establish the vacation rental; and WHEREAS, on September 20, 2022, an appeal of the approval was filed with the Community Development Department by Janet Wood; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is exempt per Section 15301 of the CEQA Guidelines regarding existing facilities; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on November 1, 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; Vacation rentals are allowed in the City’s residential zoning districts with Page 20 of 45 RESOLUTION NO. PAGE 2 approval of a Minor Use Permit-Plot Plan Review. Approval of a Minor Use Permit-Plot Plan Review certifies that the land use or development will satisfy all applicable provisions of the Municipal Code and allows the approving body to develop reasonable conditions to ensure compliance. Approval of a Minor Use Permit-Plot Plan Review enables issuance of a business license for use of the property as a commercial business. 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; The Municipal Code mandates performance standards to ensure the public health, safety or general welfare. The existing residence meets the requirements of the Municipal Code and conditions of approval developed for this project ensure compliance with the Municipal Code and the protection of public health, safety or general welfare. The proposed vacation rental is compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use, as conditioned, is harmonious and compatible with the existing uses within the neighborhood. 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. The subject property is located within an established residential neighborhood in the Single Family zoning district, which is available for use as a vacation rental. The vacation rental will be located in an existing residential structure that is of sufficient size to accommodate the intended use. The subject property where the vacation rental is located is greater than 300 feet from an existing vacation rental on the same street. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby denies Appeal Case No. 22-002 and approves Plot Plan Review Case No. 22-043 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 1st day of November, 2022. Page 21 of 45 RESOLUTION NO. PAGE 3 _______________________________ GLENN MARTIN CHAIR ATTEST: _______________________________ PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR Page 22 of 45 RESOLUTION NO. PAGE 4 EXHIBIT “A” CONDITIONS OF APPROVAL PLOT PLAN REVIEW 22-043 444 WALNUT STREET CONDITIONS OF APPROVAL: GENERAL CONDITIONS 1. This approval authorizes the establishment of a vacation rental in the three - bedroom residence on property located at 444 Walnut Street. 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 August 8, 2022. 4. This permit shall automatically expire on November 1, 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 busines s license prior to conducting any business transactions on the premises. 6. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney’s fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of his/her obligations under this condition. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 7. The operator shall maintain a contact person/entity within a fifteen (15) minute drive of the property to be responsible for responding to complaints regarding the use of the vacation rental in accordance with Municipal Code Subsection 16.52.230.C.5. The identified primary contact person is Kayla Chavez and she can be reached at 805-315-8880. 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 23 of 45 RESOLUTION NO. PAGE 5 The notice shall also include the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to park on-site, the day(s) established for garbage collection, and the non-emergency number of the Arroyo Grande Police Department. 10. Based upon the size of the three (3) bedrooms in the main dwelling unit, a maximum of eight (8) guests may stay in the vacation rental at any one time (2 per bedroom and 2 additional guests). 11. No on-site advertising is permitted in conjunction with the vacation rental. 12. Payment of Transient Occupancy Tax is required per Municipal Code Section 3.24.030. Payment of Tourism Business Improvement District assessments is required per Municipal Code Chapter 3.46. BUILDING AND LIFE SAFETY DIVISION CONDITIONS: 13. The applicant shall comply with the current California Codes including the specifically adopted City of Arroyo Grande provisions. 14. A safety inspection will be required prior to business license approval. Contact (805) 473-5454 for inspections. Page 24 of 45 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 25 of 45 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 26 of 45 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 27 of 45 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 28 of 45 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 29 of 45 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 30 of 45 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 31 of 45 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 32 of 45 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 September 13, 2022 Anju Chopra 444 Walnut Street Arroyo Grande, CA 93420 SUBJECT: PLOT PLAN REVIEW 22-043; ESTABLISHMENT OF A VACATION RENTAL IN THE SINGLE FAMILY (SF) ZONING DISTRICT; LOCATION – 444 WALNUT STREET; APPLICANT – ANJU CHOPRA Dear Ms. Chopra: On September 13, 2022, the Community Development Director approved the above-referenced project for the establishment of a vacation rental in a single family home in the Single Family (SF) zoning district. This approval is based upon the following findings for approval: FINDINGS FOR APPROVAL – PLOT PLAN REVIEW 1.The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan; a.Vacation rentals are allowed in the City’s SF 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 residential neighborhood in the SF 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 ATTACHMENT 3 Page 33 of 45 PLOT PLAN REVIEW 22-043 SEPTEMBER 13, 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 August 8, 2022. 5.This permit shall expire on September 13, 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 Kayla Chaves and she can be reached at 805-315-8880. 7.The operator shall annually notify the Community Development Department of the name, address, and phone number of the contact person, at time of business license renewal. 8.The operator shall conspicuously post a written notice inside the vacation rental with the name, address, and telephone number of the required contact person. The notice shall also include the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to park on-site, the day(s) established for garbage collection, and the non- emergency number of the Arroyo Grande Police Department. 9.Based upon the size and location of the three (3) bedrooms in the single family residence and the character of the neighborhood, a maximum of eight (8) guests may stay in the single family residence as a vacation rental at any one time in accordance with Municipal Subsection 16.52.230.C.9 (2 occupants per bedroom and 2 additional occupants). 10.No on-site advertising is permitted in conjunction with the vacation rental. 11.Payment of Transient Occupancy Tax is required per Municipal Code Section 3.24.030. Payment of Tourism Business Improvement District assessments is required per Municipal Code Chapter 3.46. Page 34 of 45 PLOT PLAN REVIEW 22-043 SEPTEMBER 13, 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 September 20, 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 September 26, 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 35 of 45 Page 36 of 45 Page 37 of 45 Page 38 of 45 Page 39 of 45 MEMORANDUM TO: Planning Commission FROM: Andrew Perez, Planning Manager SUBJECT: Supplemental Information Agenda Item 10– Notice of Administrative Items Since October 18, 2022 – November 1, 2022 Planning Commission Meeting DATE: October 31, 2022 Attached is an email with public comment that was received for the above referenced item after the publication of the agenda. cc: Community Development Director City Website Page 40 of 45 VISTA DEL MAR HOMEOWNERS ASSOCIATION c/o The Management Trust 1400 Madonna Road, San Luis Obispo CA 93405 Phone (805) 544 – 9093 / Fax (805) 544 – 6215 October 31, 2022 Re: Project #: 22-058 Plot Plan Review, Location: 509 North Via Belmonte Appeal To Whom it May Concern: The Vista Del Mar Homeowners Association Board of Directors has reviewed the Notice of Approval Plot Plan Review for 509 North Via Belmonte located in Arroyo Grande, California. The Vista Del Mar Covenants, Conditions and Restrictions (CC&Rs), Document Number: 2000-039506, Article VI, Section L, prohibits rentals for a period less than 30 days. The Association appeals this Plot Plan Review on the below mentioned restrictions. CC&Rs. Article VI. Section L. Right to Lease: The respective lots shall not be rented by the owners thereof for transient purposes, which shall be defined as (1) rental for any period less than thirty (30) days, or (2) any rental if the occupants of the lot are provided services such as maid service or furnished laundry and linen. Subject to the foregoing restrictions, the owners of the respective lots shall have the absolute right to lease same provided that the lease is made subject to the covenants, conditions, conditions, restrictions, limitations and uses contained in this Declaration and the Articles and Bylaws. Sincerely, Christina Bocock, CCAM Agent to the Board Vista Del Mar Homeowners Association 805-544-9093 christina.bocock@managementtrust.com Page 41 of 45 Page 42 of 45 Page 43 of 45 Page 44 of 45 Page 45 of 45