CC 2022-01-25 Appeal Case 21-006_PP Presentation CITY COUNCIL
CITY OF
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CONSIDERATION OF APPEAL CASE
.,,,y NO. 21-006; LOCATION - 263 SPRUCE
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2/1/2022 • Item 9.a
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City of Arroyo Grande
City Council 2/1/2022 • Item 9.a
Background
• In 2013, the City became aware of residents operating
short term rentals (STRs)
• No regulations in place at that time
• Two (2) public workshops, two (2) Planning
Commission meetings and one (1) City Council
meeting to develop STR regulations
City of Arroyo Grande
City Council 2/1/2022 • Item 9.a
Ordinance No . 663
• June 2014 - CC adopted with regulations in response
to concerns raised during public review
• Ord. 663 went into effect 7/10/2014
o Developed by both PC and CC
o Compliance with performance standards, adherence to the Conditions of
Approval and presence of local contact would minimize adverse impacts
• Currently approved:
o 74 Vacation Rentals
o 41 Homestays
City of Arroyo Grande
City Council 2/1/2022 • Item 9.a
Plot Plan Review 21 -033
• Application submitted Aug. 30, 2021
o Additional documents submitted Sept. 28, 2021
• Approved by Community Development Director Oct. 28, 2021
o Found to have met all performance standards
• Appealed to Planning Commission (PC)
o Appeal Hearing on Dec. 7, 2021
o Appeal denied by Planning Commission
o Additional Conditions of Approval added to require guest parking within garage and
removal of illegal garage conversion
o Work to remove illegal garage conversion permitted, completed and inspected
• PC decision appealed to City Council (CC)
o Appeal received Dec 16, 2021
o Additional documents received Jan. 18, 2022
City of Arroyo Grande
City Council 2/1/2022 • Item 9.a
Basis of the Appeal
• Five primary concerns:
1. Parking and Emergency Access
2. Disruptive Behavior
3. Private CC&Rs
4. Inconsistency with Ordinance 663
5. Conflict of Interest
City of Arroyo Grande
City Council 2/1/2022 • Item 9.a
Parking and Emergency Access
• Four units share two guest parking spaces
o One space for shared use between units A&B and one for units C&D to share
• Twenty-one foot (21') wide access easement across all
four properties
o Parking within the garage will help address issues of guests parking in access
easement
o Garage conversion has been removed and parking within is possible
City of Arroyo Grande
, City Council 2/1/2022 • Item 9.a
Disruptive Behavior
• Disruptive behavior was considered during Ordinance
development
• Local emergency contact person within 15 minute
drive
o Must be available by phone 24/7 to receive complaints
o Must respond to complaints within three hours between 7am an 9pm
o Must respond to complaints within thirty minutes between 9pm and 7am
o Failure to respond could lead to revocation of the permit
o Neighbors will be notified of any changes to contact person
City of Arroyo Grande
, City Council 2/1/2022 • Item 9.a
Private CC&Rs
• City is not a party to private CC&Rs
o Enforced by HOA or private property owners
o CC&Rs are not generally enforced by the City
o Violation of CC&Rs is not grounds for denial of a land use permit
City of Arroyo Grande
, City Council 2/1/2022 • Item 9.a
InconsistentY with Ordinance 663
• On-site parking is not required to be provided in order
to establish a short term rental
o Appeal takes issue with the fact that a condition was added by PC to
designate the garage as the primary parking location for future guests
City of Arroyo Grande
, City Council 2/1/2022 • Item 9.a
Conflict of Interest
• Appeal contends that a statement made by a Planning
Commissioner constitutes a conflict of interest
o City Attorney has reviewed circumstances of alleged conflict of interest
o Determined that Commissioner's participation in meeting does not violate
law
o Potential financial effects are hypothetical and speculative
City of Arroyo Grande
, City Council 2/1/2022 • Item 9.a
Recommended Action
• Staff recommends that CC adopt the attached
Resolution denying Appeal Case No. 21-006 and
approving Plot Plan Review 21-033
o Staff believes that the appeal concerns raised are not sufficient to uphold the
appeal
City of Arroyo Grande
, City Council 2/1/2022 • Item 9.a