R 5155 RESOLUTION NO. 5155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING APPEAL CASE NO. 21-007
AND APPROVING PLOT PLAN REVIEW CASE NO. 21-029;
LOCATED AT 1562 STRAWBERRY AVENUE; APPLIED
FOR BY BRENDA GOROSKI; APPEALED BY STEW AND
FRANCINE ERRICO
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 2, 2021, the applicant submitted an application for Plot Plan Review
No. 21-029 for the establishment of a vacation rental in an existing, three-bedroom
residence located at 1562 Strawberry Avenue; and
WHEREAS, on September 28, 2021, the Community Development Director approved Plot
Plan Review No. 21-029 based upon the findings for approval of the permit; and
WHEREAS, notice of the Community Development Director's determination was mailed to
fourty-five (45) of the fifty-six (56) property owners within 300' of the project site to alert them
of the approved request to establish the vacation rental; and
WHEREAS, on October 11, 2021, an appeal of the Community Development Director's
approval was filed with the Community Development Secretary by Stew and Francine
Errico, et al. in accordance with Arroyo Grande Municipal Code Section 16.12.150; and
WHEREAS, the Planning Commission considered the appeal at a duly notice public hearing
on December 7, 2021 and adopted a Resolution denying the appeal and approving the
project; and
WHEREAS, on December 20, 2021, an appeal of the Planning Commission's approval was
filed with the City Clerk by Stew and Francine Errico in accordance with Arroyo Grande
Municipal Code Section 16.12.150; and
WHEREAS, the City Council of the City of Arroyo Grande considered the appeal at a duly
noticed public hearing on February 8, 2022; and
WHEREAS, the City Council 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 found and determined that the
project is exempt pursuant to Section 15301 of the CEQA Guidelines for existing facilities;
and
RESOLUTION NO. 5155
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WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Due Process Findings:
Although eleven property owners within 300' of the project did not receive notice of the
Community Development Director's original approval of the project, all property owners
within 300' of the project received timely notice of the Planning Commission's public
hearing for the appeal of the project and could have participated in the appeal hearing.
As a result, the City Council finds that no property owners were deprived of their due
process rights, no prejudicial errors occurred, and a different result was not probable if
the noticing error had not occurred.
Plot Plan Review Findings:
1. The proposed project is consistent with the goals, objectives, policies and
programs of the Arroyo Grande General Plan;
Vacation rentals are allowed in the City's residential zoning districts with
approval of a Minor Use Permit-Plot Plan Review. Approval of a Minor Use
Permit-Plot Plan Review certifies that the land use or development will
satisfy all applicable provisions of the Municipal Code and allows the
approving body to develop reasonable conditions to ensure compliance.
Approval of a Minor Use Permit-Plot Plan Review enables issuance of a
business license for use of the property as a commercial business.
2. The proposed project conforms to applicable performance standards and
will not be detrimental to the public health, safety or general welfare;
The Municipal Code mandates performance standards to ensure the public
health, safety or general welfare. The existing residence meets the
requirements of the Municipal Code and conditions of approval developed
for this project ensure compliance with the Municipal Code and the
protection of public health, safety or general welfare.
The proposed vacation rental is compatible with the neighborhood in which
it is located in terms of landscaping, scale and architectural character. The
use, as conditioned, is harmonious and compatible with the existing uses
within the neighborhood.
3. The physical location or placement of the use on the site is compatible with
the surrounding neighborhood.
The subject property is located within an established residential
neighborhood in the Single Family zoning district, which is available for use
RESOLUTION NO. 5155
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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 City Council of the City of Arroyo Grande
hereby denies Appeal Case No. 21-007 and approves Plot Plan Review Case No. 21-029
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 Mayor Ray Russom, seconded by Council Member Barneich, and by the
following roll call vote, to wit:
AYES: Mayor Ray Russom, Council Members Barneich, Paulding, Storton, and George
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 8th day of February, 2022.
RESOLUTION NO. 5155
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IP AP
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CAREN ' RV SOM, MAYOR
ATTEST:
Cjo_
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
M6Aái l
WHITNEY rcDONA •, CITY MANAGER
APPROVED AS TO FORM:
(1---- -
TIMOT J. CARMEL, CITY ATTORNEY
RESOLUTION NO. 5155
PAGE 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 21-029
1562 STRAWBERRY AVENUE
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. This approval authorizes the establishment of a vacation rental in the three-
bedroom residence on property located at 1562 Strawberry 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 August 5, 2021.
4. This permit shall automatically expire on February 8, 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 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 Nancy Tucker and she can be reached at
805-748-6880. The secondary contact person is Kathy Kelly and she can be reached
at 310-717-8750.
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
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with the name, address, and telephone number of the required contact person.
The notice shall also include the address of the vacation rental, the maximum
number of occupants permitted to stay overnight in the unit, the maximum number
of vehicles allowed to park on-site, the day(s) established for garbage collection,
and the non-emergency number of the Arroyo Grande Police Department.
10. Based upon the size of the three (3) bedrooms in the main dwelling unit, a
maximum of eight (8) guests may stay in the vacation rental at any one time (2 per
bedroom and 2 additional guests).
11. No on-site advertising is permitted in conjunction with the vacation rental.
12. Payment of Transient Occupancy Tax is required per Municipal Code Section
3.24.030. Payment of Tourism Business Improvement District assessments is
required per Municipal Code Chapter 3.46.
BUILDING AND LIFE SAFETY DIVISION CONDITIONS:
13. The applicant shall comply with the current California Codes including the specifically
adopted City of Arroyo Grande provisions.
14. A safety inspection will be required prior to business license approval. Contact
(805) 473-5454 for inspections.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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
Resolution No. 5155 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 8th day of February, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of
February, 2022.
JESSICA MATSON, CITY CLERK