R 5220 RESOLUTION NO. 5220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE REFUND OF
APPEAL FEES FOR THE APPEALS OF THE SHORT-
TERM RENTALS AT 263-D SPRUCE STREET AND 1170
LINDA DRIVE
WHEREAS, On June 10, 2014, the City Council adopted Ordinance No. 663, adding
Sections 16.52.230 and 16.52.240 which provide that vacation rentals and homestays
(collectively known as short-term rentals, or"STR"s) are permitted land uses in the City's
residential zoning districts, subject to the approval of a Minor Use Permit-Plot Plan
Review; and
WHEREAS, when an STR application is submitted for a Minor Use Permit — Plot Plan
Review, it is reviewed by staff, with approval by the Community Development Director.
Notification of the Director's approval is mailed to all property owners within 300 feet of
the STR, is posted on the Planning Commission's agenda, and is appealable to the
Planning Commission, subject to payment of an appeal fee; and
WHEREAS, in accordance with Arroyo Grande Municipal Code Section 16.12.155, a
notice of administrative decision for Minor Use Permits, including any approvals, denials
or referrals by the Community Development Director, is to be reported on the Planning
Commission agenda; and
WHEREAS, as a result of infrequent Planning Commission meetings during the Covid-
19 Pandemic, approvals began to be reported along with the cancellation notice for the
cancelled Planning Commission meetings, rather than on scheduled meeting agendas.
As a result of concerns about this practice, City staff has subsequently made a procedural
change and is now requiring all notices of administrative approval to be placed on
Planning Commission agendas for meetings that are held; and
WHEREAS, prior to this change the appeals for STRs for 263-D Spruce Street and 1170
Linda Drive were originally reported on the Planning Commission cancellation notices for
meetings of November 2, 2021 and July 20, 2021, respectively; and
WHEREAS, the City Council has determined that based upon the foregoing
circumstances, it is fair and equitable to refund the appeal fees of$491 each paid for the
appeals of the STRs 263-D Spruce Street and 1170 Linda Drive that were paid prior to
the change in procedures, and where the appellant did not have the ability to make public
comment regarding the STR approvals at Planning Commission due to the cancelled
meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are
RESOLUTION NO. 5220
PAGE 2
true and correct and are incorporated herein by this reference.
SECTION 2. City Staff is hereby directed to refund the appeal fees of$491 each paid for
the appeals of the STRs at 263-D Spruce Street and 1170 Linda Drive.
SECTION 3. If any section, subsection, sentence, clause, phrase or provision of this
Resolution or the application thereof to any person or circumstances is held invalid or
unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or provisions thereof be
declared invalid or unconstitutional.
SECTION 4. This Resolution shall be effective immediately upon its adoption.
On motion of Council Member Storton, seconded by Council Member Paulding, and by
the following roll call vote, to wit:
AYES: Council Members Storton, Paulding, George, and Mayor Ray Russom
NOES: None
ABSENT: Council Member Barneich
The foregoing Resolution was approved this 13th day of September, 2022.
RESOLUTION NO.5,22.0
PAGE 3
Ctzt:Air
CAREN RAY ., •SSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
9
WHITNEY M++ �ONALD,`C1TY MANAGER
APPROVED AS TO FORM:
TIMOT J. CARMEL, CITY ATTORNEY
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. 5220 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 13rd day of September, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 20th day of
September, 2022.
JESSICA MATSON, CITY CLERK