PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.B
SUBJECT/TITLE:
APPEAL OF PLANNING COMMISSION APPROVAL OF A COASTAL
DEVELOPMENT PERMIT TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AT 171 NAOMI AVENUE (P21-000015); THE PROJECT IS LOCATED IN THE COASTAL
APPEAL ZONE AND IS APPEALABLE TO THE CALIFORNIA COASTAL COMMISSION; APN 010-501-005
RECOMMENDATION:
Adopt a Resolution denying the appeals and upholding the March 22, 2022, Planning Commission approval of a Coastal Development Permit (P21-000015) to demolish an existing single-family residence and construct a new 3,648-square-foot single-family residence at 171 Naomi Avenue, and adopting a Negative Declaration.
BACKGROUND:
On March 22, 2022, the Planning Commission approved a Coastal Development Permit (CDP) and Architectural Review Permit (ARP) for a new 3,648-square-foot, two-story single-family residence at 171 Naomi Avenue (Project P21-000015). As conditioned, the approval was contingent on the City Council’s approval and California Coastal Commission’s (CCC) certification of a General Plan/Local Coastal Program (GP/LCP) amendment to eliminate Land Use Element Policies LU-E-1 ‘a’ and ‘b’, which impose specific development restrictions on Planning Area ‘E’ (St. Andrews Tract), which was considered with the CDP. An amendment is needed in this case because the policies of LU-E-1 limit the Tract and disproportionately affect the subject site.
A timely appeal of the CDP was filed by Tarren Collins (Appellant #1) on March 30, 2022.
A separate appeal of the CDP was timely filed by Adam Werner (Appellant #2) on April 4, 2022. An appeal of the ARP was not filed.
Project Description
The Applicant, Richard E. Mittry, Mittry Family Trust, submitted an application for a CDP and ARP for a new 3,648-square-foot single-family residence. The site is currently developed with a 1,340-square-foot single-story residence that is set back approximately 51 feet from the front property line. The proposed 3,648-square-foot residence is sited approximately 24 feet from the front property line, inconsistent with the existing GP/LCP policy which requires the home to meet the existing front setback of 51 feet (LU-E-1 ‘a’).
As such, a request for a GP/LCP amendment was subsequently filed by the Applicant (Project P21-000054), to modify Policies LU-E-1 ‘a’ and ‘b’ to allow the new residence to be constructed consistent with these modifications.
Following consideration of staff analysis and testimony by the public and the applicant, the Planning Commission unanimously recommended the elimination of Policies LU-E-1 ‘a’ and ‘b’ and conditionally approved the CDP, contingent on the City Council’s approval and CCC’s certification of the GP/LCP Amendment. The Planning Commission also Council Agenda 4-19-2022 11.B-1
approved the ARP, which is not at issue in this appeal. If the GP/LCP Amendment is not approved by the Council and/or not certified by the Coastal Commission, the project will need substantial revisions in order to be approved.
Appeal
Appeals of the Planning Commission approval of the CDP were filed by Tarren Collins and Adam Werner on March 30, 2022, and April 4, 2022, respectively (Appeal 1 and 2; Attachment 2 and 3). The appeals are summarized and analyzed below.
Appeal #1 – Tarren Collins
Basis for the appeal: The proposed project fails to comply with the Coastal Act or the procedures of the California Coastal Commission.
Staff Response and Analysis
The California Coastal Act (Coastal Act) delegates to local governments the power to enact and implement their own local coastal programs (LCPs) upon certification by the CCC that the proposed programs are consistent with the policies and provisions of the statute. LCPs have two components—land use plans and implementation plans (Zoning Code) that are blueprints for the local jurisdiction’s short- and long-term use and protection of coastal resources, which include public access, recreation, water and land habitats, agricultural lands, and scenic assets.
The City maintains a certified LCP which is implemented by the 1983 Coastal Zoning Code (1983 Code). The 1983 Code implements the goals and policies of the LCP through detailed development regulations, such as specific use types and building standards consistent with protection of coastal resources as outlined in the Coastal Act.
Fundamentally, if a proposed project within city boundaries complies with the development regulations as outlined in the Zoning Code and LCP, it is recognized as consistent with the Coastal Act.
The project site is zoned Single-Family Residential (R-1) under the 1983 Code and located in Planning Area ‘E’ (St. Andrews Tract). In accordance with Section 17.018.020 of the 1983 Code, single family residences in the R-1 zone are permitted uses.
Additionally, the property is within the low-density residential land use category which allows for construction of a single-family residence consistent with the density factor of the General Plan. If the Council approves, and the CCC certifies, a GP/LCP Amendment to eliminate the development restrictions imposed upon the St. Andrews Tract by Policy LU-E-1 as recommended by the Planning Commission (refer to Item 11.A of this agenda), the project is consistent with the applicable GP/LCP policies as well as with applicable zoning designation and regulations as analyzed and described in the January 11, 2022 and March 22, 2022 Planning Commission Staff Reports.
Furthermore, City staff consulted with CCC staff to ensure the GP/LCP Amendment and CDP could procedurally be considered together, rather than needing the GP/LCP Amendment to be certified prior to an application for the CDP. Coastal Commission staff stated that the two could run concurrently so long as the approval of the CDP was Council Agenda 4-19-2022 11.B-2
contingent on certification of the GP/LCP. As such, the application for the CDP, and the Planning Commission’s conditional approval of the application, is consistent with the procedures of the LCP and the California Coastal Commission.
Appeal 1 is vague, provides only a minimal basis for appeal as required by Section
17.121.250 of the 1983 Code, and, as discussed in the Findings for Approval of the Coastal Development Permit in the prepared Resolution (Attachment 1), the project is consistent with the Coastal Act, is consistent with the size and character of other homes in the neighborhood, is not detrimental to the health, safety, morals, comfort, and general welfare of those living in the neighborhood, and will not impair the desirability to invest in the neighborhood.
Staff therefore recommends that Appeal 1 be denied.
Appeal #2 – Adam Werner
Basis for the appeal: Appearance of impropriety in the matter of filing and processing the CDP application.
Staff Response and Analysis
Staff has determined that Appeal #2 sets forth no clearly stated issues related to the CDP itself, except for purposes of describing circumstantial events that transpired around the filing and processing of the application.
The application for the CDP has been processed consistent with existing City procedures and the procedures discussed with CCC staff as stated above. While the City is in the process of comprehensively updating the GP/LCP and Zoning Code/Implementation Plan, applicants for General Plan amendments have the option to be included in the City’s process or they can opt to pursue an amendment independent of the update. This is common practice as comprehensive GP/LCP updates can take a prohibitive amount of time to process through Coastal Commission certification when compared to an individual amendment.
Staff therefore recommends that Appeal 2 be denied.
Environmental Determination
In accordance with the California Environmental Quality Act (CEQA), staff prepared an Initial Study for the project. After completion of the initial study, staff found that there is no substantial evidence, in light of the whole record, that the project may have a significant effect on the environment, that the preparation of an Environmental Impact Report is not necessary, and no mitigation is required. Therefore, a Negative Declaration (pursuant to Public Resources Code Section 21000 et seq., and CA Code of Regulations Title 14 Section 15000 et seq.) for the project was prepared (Attachment 7). Adoption of the Resolution provided as Attachment 1 would effect the Council’s adoption of this Negative Declaration.
Council Agenda 4-19-2022 11.B-3
Conclusion and Recommendation
If the Council approves, and the CCC certifies, the GP/LCP Amendment to eliminate the development restrictions imposed upon the St. Andrews Tract by Policy LU-E-1, the proposed residence would be developed in compliance with the R-1 zoning standards of the 1983 Code and all other applicable development standards. Staff finds no actionable concerns in the appeals presented by the Appellants and finds the project consistent with the City’s LCP.
It is recommended that the City Council adopt the Resolution denying the appeals of Tarren Collins and Adam Werner and upholding the March 22, 2022, decision of the Planning Commission (PC-R-2022-008) to approve the CDP associated with Project No.
P21-000015, based on the findings set forth in Attachment 1. Adoption of this Resolution will also effect approval of the Negative Declaration associated with this project.
FISCAL IMPACT:
None. There is no direct fiscal impact as a result of staff’s recommended action.
ALTERNATIVES:
1. Uphold either or both of the appeals, overturn the Planning Commission’s approval, and direct staff to return with a resolution setting forth appropriate findings for denial of the project;
2. Provide alternative direction to staff.
ATTACHMENTS:
1.Resolution
2.Appeal #1 – Tarren Collins
3.Appeal #2 – Adam Werner
4.March 22, 2022, Planning Commission Resolution PC-R-2022-008
5.March 22, 2022, Planning Commission Minutes
6.March 22, 2022, Planning Commission Staff Report (online only; available in the Access Pismo public records portal at www.pismobeach.org/accesspismo1)
7.Initial Study/Negative Declaration (online attachment only; available in the Access Pismo public records portal at www.pismobeach.org/accesspismo2) Prepared by: Meeting Date: April 19, 2022
Megan Martin, Planning Manager
Submitted by: Matthew Downing, Community Development Director Assistant City Manager Approval:
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=417402&dbid=0&repo=Laserfiche 2 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=421689&dbid=0&repo=Laserfiche Council Agenda 4-19-2022 11.B-4
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DENYING THE APPEALS AND UPHOLDING THE MARCH 22, 2022,
PLANNING COMMISSION APPROVAL OF A COASTAL DEVELOPMENT PERMIT (P21-000015) TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 3,648-SQUARE-FOOT SINGLE-FAMILY RESIDENCE AT 171
NAOMI AVENUE, AND ADOPTING A NEGATIVE DECLARATION
WHEREAS, on March 22, 2022, the Planning Commission duly considered the application of Richard E. Mittry, Mittry Family Trust, for a Coastal Development Permit and Architectural Review Permit (Project P21-000015) to demolish an existing single- family residence and construct a new 3,648-square-foot single-family residence at 171 Naomi Avenue; and
WHEREAS, following consideration of staff analysis and testimony by the applicant and members of the public, the Planning Commission conditionally approved P21-000015, contingent on the City Council’s approval and California Coastal Commission’s certification of a General Plan/Local Coastal Program amendment to eliminate development restrictions imposed on Planning Area ‘E’ (St. Andrews Tract) as defined in the City’s Land Use Element (Project P21-000054); and
WHEREAS, on March 30, 2022, Tarren Collins filed a timely appeal of the Planning Commission’s approval of the Coastal Development Permit; and
WHEREAS, on April 4, 2022, Adam Werner filed a timely appeal of the Planning Commission’s approval of the Coastal Development Permit; and
WHEREAS, the City Council held a duly-noticed public hearing on April 19, 2022, at which all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council finds, after due study, deliberation, and public hearing that the following circumstances exist:
A. FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
1. The City Council has considered the Initial Study and Negative Declaration dated December 8, 2021 (State Clearinghouse No. 2021120183) and all comments received during the public review period and finds in its independent judgement that there is no substantial evidence that the project may have a significant effect on the environment, and the preparation of an Environmental Impact Report is not necessary. Therefore, the City Council finds the Project will not have a significant environmental effect.
Attachment 1
Council Agenda 4-19-2022 11.B-5
2. Provided the California Coastal Commission certifies the General Plan/Local Coastal Program Amendment to eliminate Policies LU-E-1 ‘a’ and LU-E-1 ‘b’ for Planning Area ‘E’ (St. Andrews Tract), the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations because the project is in the low- density residential land use category within the R-1 zoning designation which allows for construction of single-family residences consistent with the density factor of the general plan.
3. The proposed development occurs within city limits on a project site of no more than five acres and is surrounded by similar or comparable residential uses.
4. The project site has no value as habitat for endangered, rare, or threatened species because the site is currently developed with an existing single-family residence and ornamental landscaping.
5. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality because the project, as conditioned, is consistent with all applicable zoning code and California building code standards.
6. The site can be adequately served by all required utilities and public services.
B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT:
1. The project improvements comply with the public access and public recreation policies of Chapter 3 (commencing with Section 30220) of the California Coastal Act of 1976.
2. The demolition of an existing 1,340-square-foot-residence and construction of a 3,648-square-foot single-family residence is appropriate in size so as to be compatible with the adjacent residences and structures as the proposed development falls within the range of other similar residences in the surrounding neighborhood.
3. The architectural and general appearance of the two-story single-family residence is in keeping with the character of the neighborhood as the architectural style, building materials, and massing are similar to and compatible with other residences in the neighborhood.
4. Provided the California Coastal Commission certifies the General Plan/Local Coastal Program Amendment to eliminate Policies LU-E-1 ‘a’ and LU-E-1 ‘b’ for the St. Andrews Tract, the proposed development is consistent with the General Plan, Local Coastal Plan and General Plan Land Use Plan category of Low-Density Residential (R-1).
Attachment 1
Council Agenda 4-19-2022 11.B-6
5. The proposed development is compatible with the nearby existing uses and not detrimental to the health, safety, morals, comfort, and general welfare of persons living or working in the surrounding area of the proposed project because the proposed use includes the development of a new single-family residence and attached accessory dwelling unit, where other single-family residences exist in the immediate neighborhood.
6. The proposed development will not be detrimental to the orderly development of improvements in the surrounding area and will not be detrimental to the orderly and harmonious development of the city because the proposed use is similar to other residential development in the immediate neighborhood.
7. The proposed development will not impair the desirability of investment or occupation in the neighborhood because the proposed use is similar to other residential development in the immediate neighborhood and maintains a similar scale and character to other development in the same R-1 zone.
8. The proposed project will not significantly alter existing natural landforms because the project site does not contain prominent natural landforms.
9. The height, bulk, and scale of the proposed development is compatible with the adjacent area and with the surrounding views and other Local Coastal Program Land Use Plan considerations as designed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby denies the appeals and upholds the Planning Commission’s March 22, 2022, approval of Coastal Development Permit P21-000015, subject to the conditions as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby adopts the Negative Declaration with the above findings, which is incorporated herein by this reference.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
Council Agenda 4-19-2022 11.B-7
EXHIBIT A
CITY OF PISMO BEACH CONDITIONS OF APPROVAL
PLANNING COMMISSION MEETING OF MARCH 22, 2022
PERMIT NO. P21-000015, CDP / ARP
LOCATION: 171 NAOMI AVENUE, APN: 010-501-005
The conditions set forth in this permit affect the title and possession of the real property that is the subject of this permit and shall run with the real property or any portion thereof.
All the terms, covenants, conditions, and restrictions herein imposed shall be binding upon and inure to the benefit of the owner and applicant, his or her heirs, administrators, executors, successors and assigns. Upon any sale, division or lease of real property, all the conditions of this permit shall apply separately to each portion of the real property and the owner (applicant, developer) and/or possessor of any such portion shall succeed to and be bound by the obligations imposed on owner (applicant, developer) by this permit.
AUTHORIZATION: Subject to the conditions stated below and to City Council adoption and Coastal Commission certification of General Plan/Local Coastal Program amendment to eliminate Policy LU-E-1 ‘a’ and ‘b’ (P21-000054), approval of Permit P21- 000015 grants planning permits for the demolition of an existing residence and construction of a new two-story single-family residence as shown on the approved plans with City of Pismo Beach stamp of April 14, 2022. Approval is granted only for the construction and use as herein stated; any proposed changes shall require approval of amendments to these permits by the City of Pismo Beach.
EFFECTIVE DATE: This permit shall become effective only upon City Council adoption and Coastal Commission certification of the General Plan/Local Coastal Program amendment to eliminate Policy LU-E-1 ‘a’ and ‘b’ for the subject property at 171 Naomi Avenue (P21-000054) and upon the approval of this permit by the California Coastal Commission, provided that an appeal has not been filed to the California Coastal Commission within the 10 day appeal period following filing of a complete final local action notice. The filing of an appeal shall stay the effective date until an action is taken on the appeal.
EXPIRATION DATE: The applicant is granted two years for inauguration (i.e. building permits issued and construction begun) of this permit. The permits will expire on April 19, 2024, unless inaugurated prior to that date. Time extensions are permitted pursuant to Zoning Code Section 17.121.160 (2).
ACCEPTANCE OF PERMIT AND CONDITIONS: The property owner and the applicant (if different) shall sign these Conditions within ten (10) working days of receipt; the permit is not valid until signed by the property owner and applicant.
Attachment 1
Council Agenda 4-19-2022 11.B-8
COMPLIANCE AGREEMENT: I have read and understood, and I will comply with all applicable requirements of any law or agency of the State, City of Pismo Beach, and any other governmental entity at the time of construction. The duty of inquiry as to such requirements shall be my responsibility. I agree to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the project; or my failure to comply with conditions of approval. This agreement shall be binding on all successors and assigns.
I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY WITH ALL ATTACHED
STATED CONDITIONS OF THIS PERMIT
Approved by the City Council on April 19, 2022.
__________________________________ _______________________ Owner/Applicant Date
__________________________________ _______________________ Owner/Applicant Date
Attachment 1
Council Agenda 4-19-2022 11.B-9
CONDITIONS, POLICIES, AND SELECTED CODE REQUIREMENTS FOR PROJECT NO. P21-000015
171 NAOMI AVENUE, APN 010-501-005
Conditions as indicated below have been deemed to be of a substantive nature on the basis of the Planning Commission’s decision. These conditions cannot be altered without Planning Commission approval.
A. CONDITIONS TO BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
BUILDING DIVISION
1. All construction shall conform to the edition of the applicable California Building Code (CBC) or California Residential Code (CRC), the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Energy Code, and the California Green Building Standards Code, including City of Pismo Beach amendments, in effect when an application for a construction permit is submitted to the Building Division.
2. An application for a Building Permit remains valid for 365 days after the date of filing.
If a permit is not issued by this date, the application shall expire. In order to renew action on an application after expiration, the applicant must confirm that Planning approvals remain valid and then submit a new application, plans and documentation and pay a new plan review fee.
3. All required documents essential to the design of the project shall be submitted with the construction permit application. No deferred submittals, such as truss details, fire sprinkler plans, metal fabrication drawings, etc., are allowed.
4. City of Pismo Beach policy requires a soils investigation for all new buildings and additions where the new floor area will exceed 500 square feet. The soils engineer shall evaluate soils in the area of the proposed structure and offer appropriate recommendations. The soils report shall be unique to this lot and current (dated less than 2 years prior to permit application date) and submitted with the building permit application.
5. Underground electric service conductors are required.
Attachment 1
Council Agenda 4-19-2022 11.B-10
6. The location of this project is in a noise critical area identified by the Noise Element of the City’s General Plan. Interior community noise equivalent levels (CNEL) with windows closed, attributed to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room. Provide an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit. The report shall show:
Topographical relationship of noise sources and dwelling site. Identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure considering present and future land usage.
Basis for the prediction (measured or obtained from published data), noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construction showing that the prescribed interior noise level requirements are met.
If interior allowable noise levels are met by requiring that windows be non- openable or closed, the design for the structure must also specify the means that will be employed to provide ventilation to provide a habitable interior environment.
7. Provide a photovoltaic (PV) system meeting the minimum requirements specified in Section 150.1(c)14 of the CA Energy Code, with an annual electrical output equal to or greater than the dwelling’s annual usage. Provide a calculation on plan sheet and show location of PV system on roof plan and elevation views. Note on plans that a separate permit is required for the PV system. Submit a separate permit application and complete plans for the PV system. Deferred submittals are not allowed; the permit for the PV system shall be issued concurrent with the building permit for the residence.
8. All conditions of the Planning Permit, such as required lot mergers, a required subdivision map, public improvement design documents, mitigation measures and any other requirement of the City shall be completely satisfied prior to Building Permit issuance for the project. No building permits for a part of the overall project will be considered, such as early grading, foundation only, partial demolition, etc.
9. A separate permit is required to demolish each existing structure on the site as necessary to allow the new project to proceed.
PLANNING DIVISION
10. COMPLIANCE WITH GENERAL PLAN AMENDMENT P21-000054. Prior to the issuance of a building permit, the Project Planner shall confirm that the plan set and building elevations are in compliance with the General Plan, including the General Plan/Local Coastal Program amendment to eliminate Policy LU-E-1 ‘a’ and ‘b’ for the subject property at 171 Naomi Avenue (P21-000054) if such amendment is adopted by City Council and certified by the California Coastal Commission.
Attachment 1
Council Agenda 4-19-2022 11.B-11
Council Agenda 4-19-2022 11.B-12
ENGINEERING DIVISION
14. Engineering standard conditions (notes): Shall be placed on the plans at time of submittal. A copy may be obtained through the Engineering Department.
15. Project improvements shall be designed and constructed in accordance with City standards and specifications and in accordance with all applicable City Ordinances. The decision of the City Engineer shall be final regarding the specific standards that shall apply.
16. Appropriate City standards shall be referred to on the plans and shall be included on a detail sheet within the plan set.
17. Encroachment Permits are required prior to any/all work in the public right of way. City Streets are to remain open to through traffic at all times. A traffic control plan shall be submitted to the Engineering Division for approval prior to detours or rerouting of traffic. Excavation within the streets shall be covered or backfilled and paved prior to the end of work each day. No temporary or long term parking, storage, or disposal of construction equipment or materials within the right-of-way shall occur without prior issuance of an encroachment permit.
18. A waiver shall be obtained for any excavation in the roadway per the Pavement Cut Ordinance (O-2018-003) prior to issuance of a Building Permit. If a waiver is granted, the roadway shall be repaired in accordance with the guidelines included in the Pavement Cut Ordinance. Naomi Avenue is under a pavement cut moratorium until February 7, 2022. The road is paved in rubberized asphalt. Street repair shall be approved by the City Engineer.
19. The City Engineering Division shall approve any landscaping or irrigation within a public right of way. All landscaping shall be maintained by the homeowner.
20. The applicant shall provide a current title report to the Engineering Division.
21. Driveways and driveway approaches shall be located and constructed per City of Pismo Beach standards. Profiles shall be provided for all interior driveways.
22. The Owner and/or owner’s contractor are to take precaution against damaging road surfaces. Note: The existing street sections adjacent the property may be substandard and may be subject to damage by heavy loading/equipment during construction. The owner is responsible for protection against and/or repair of, at owner’s expense, any/all damage incurred during and/or due to construction.
23. Erosion and Drainage control features are to be available to be placed in the event of rain or other erosive action to prevent any sediment or refuse from leaving the site. Erosion control devices shall be installed and in place following daily construction activities. The applicant shall notify the Engineering Division of any changes in Council Agenda 4-19-2022 11.B-13
construction which will require additional erosion control measures. No Building Permits will be issued without prior approval of the Engineering Division and an approved erosion and sediment control plan and construction schedule. Erosion control measures shall be in place and approved by the Engineering Division prior to the start of construction.
Grading and Drainage Plans
24. A Preliminary Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer.
25. All grading and drainage improvements shall be designed and constructed in accordance with the City Grading Ordinance and subject to approval by the City Engineer.
26. The project shall conform to the City’s Storm Water Discharge Ordinance.
27. Post Construction Requirements: In order for the proposed development to maintain conformance with the City’s Regional Stormwater Permit, implementation of Low Impact Development (LID) source control, site design, and stormwater treatment onsite or at a joint stormwater treatment facility shall be required. The stormwater design shall be submitted for review and approval by the City Engineer and in addition shall provide mitigation for post development runoff versus pre-development runoff. A Stormwater Control Plan application shall be submitted.
28. A Water Pollution Control Plan (WPCP) shall be submitted.
29. Calculations and/or a drainage report must be submitted with the plans.
30. The applicant shall submit a composite utility plan.
31. Landscape and irrigation plans in the public right-of-way shall be incorporated into the improvement plans and shall require approval by the Public Works Department and the Community Development Department.
32. An Erosion and Drainage Control Plan shall be submitted in accordance with the City Grading Ordinance. The plan shall reflect “Best Management Practices” as proposed in the California Regional Water Quality Control Board Erosion and Sediment Control Field Manual and shall include both temporary measures (to be used during construction, and until permanent measures are completed/established) and permanent measures. Plan shall include both source control and perimeter containment measures. All Drainage and Erosion Control Measures shall be designed and/or sized by a qualified professional.
33. A Storm Water Pollution Prevention Plan per the State General Permit for Storm Water Discharges Associated with Construction Activity shall be provided for any site that disturbs greater than or equal to one acre, including projects that are less than one Council Agenda 4-19-2022 11.B-14
acre that are part of a larger plan of development or sale that would disturb more than one acre.
Utilities
34. The applicant shall install all utilities.
35. All utilities shall be extended to the boundaries of the project.
36. Sewer System Requirements
a. Applicant is required to show the existing location of the Sewer Main in the street and location of the sewer lateral, if existing, on the plans. If no lateral exists or existing lateral is in poor condition, then applicant is responsible for all costs, materials and labor for the installation of a new lateral. If existing sewer lateral is to be utilized, the applicant must have a video inspection performed of the sewer lateral to confirm the condition and material of the lateral and provide the Public Works department with a copy of the video for review. Show size and type of all sewer lines.
37. Water System Requirements
a. Applicant is required to show the existing location of the Water Main in the street and location of the existing water lateral, if existing, on the plans. The size of the proposed lateral and proposed water meter shall be shown on the plans. If existing lateral is inadequate for the proposed water meter, then applicant is responsible for all costs, materials and labor for the installation of a new water lateral. Show size and type of all water lines. Minimum water lateral and meter size is 1”.
38. All wire utility services to the project shall be located underground.
B. CONDITIONS TO BE MET DURING CONSTRUCTION:
BUILDING DIVISION
1. SITE MAINTENANCE. During construction, the site shall be maintained so as to not infringe on neighboring property, such as debris and dust.
PLANNING DIVISION
2. ARCHAEOLOGICAL MATERIALS. In the event unforeseen archaeological resources are unearthed during any construction activities, all grading and or excavation shall cease in the immediate area and the find left untouched. The Building Official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, Native American, or paleontologist, whichever is appropriate. The qualified professional shall evaluate the find and make recommendations related to the preservation or disposition of artifacts in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the Building Official shall notify to county coroner. If Council Agenda 4-19-2022 11.B-15
human remains are found to be of ancient age and of archaeological and spiritual significance, the Building Official shall notify the Native American Heritage Commission. The developer shall be liable for costs associated with the professional investigation.
3. Certification of compliance with the soils report shall be submitted to the Building Division prior to foundation approvals. A final report certifying compliance with the soils report or grading plans shall be submitted to the Building Division prior to final approvals.
4. A licensed surveyor or engineer shall verify pad elevations, setbacks, prior to foundation inspection, and roof elevations, prior to roof sheeting inspection, when determined necessary by the Planning Department.
C. CONDITIONS TO BE MET PRIOR TO REQUEST FOR A FRAMING
INSPECTION:
PLANNING DIVISION
1. ROOF HEIGHT. Prior to requesting a framing inspection, a licensed surveyor shall measure and certify the height of the building including anticipated finishing materials.
Height to be certified as shown on approved plans.
D. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY:
PLANNING DIVISION
1. COMPLETION OF LANDSCAPING. All landscaping and irrigation systems shown on the approved plans shall be installed by the applicant and shall be subject to inspection and approval by the Project Planner prior to the issuance of a Certificate of Occupancy.
BUILDING DIVISION
2. Prior to Building Division final approval, all required inspections from the other various divisions must have been completed and verified by a city inspector.
E. CONDITIONS SUBJECT TO ONGOING COMPLIANCE:
1. ROOF-MOUNTED EQUIPMENT. All roof-mounted air conditioning or heating equipment, vents or ducts shall be screened from view in a manner approved by the Project Planner.
2. COMPLIANCE WITH APPLICABLE LAWS. All applicable requirements of any law or agency of the State, City of Pismo Beach and any other governmental entity at the Council Agenda 4-19-2022 11.B-16
time of construction shall be met. The duty of inquiry as to such requirements shall be upon the applicant.
3. HOLD HARMLESS. The applicant, as a condition of approval, hereby agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicant's failure to comply with conditions of approval. This condition shall be binding on all successors and assigns.
4. The property owner and the applicant (if different) shall sign these Conditions of Approval within ten (10) working days of receipt; the permit is not valid until signed by the property owner and applicant.
F. PLANNING COMMISSION COMMENTS
1. Any significant architectural changes will be subject to Planning Commission review and approval.
-END-
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Pismo Beach Planning Commission Minutes March 22, 2022
Adopt a Resolution approving Project P21-000055 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,728 square-foot two-story single-family residence and adopting Categorical Exemption No. 2021-024.
Presenting Staff:
Michael Gruver, Associate Planner
Public Hearing/Call for Public Comment:
Public comment received via email from the following: Effie McDermott The following commented:
Scott Martin, RRM / Applicant Representative, commented (in-person) Craig Cummings, commented (via zoom)
Action:Adopt a Resolution approving Project P21-000055 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,728 square-foot two-story single- family residence and adopting Categorical Exemption No. 2021-024.
Motion: Van Rozeboom
Second: Wills
Vote:The motion passed on the following vote:
Ayes: 5 Van Rozeboom, Wills, Oberhelman, Malone Prichard, Jones.
Noes: 0 None
Absent: 0 None
Abstain: 0 None
Recused: 0 None
LEGISLATIVE RECORD:Resolution No. PC-R-2022-007 adopted.
Item 8.B: CONTINUED CONSIDERATION OF GENERAL PLAN/LOCAL COASTAL
PROGRAM AMENDMENT TO THE CITY OF PISMO BEACH LAND USE
ELEMENT PLANNING AREA ‘E’ (ST. ANDREWS TRACT) TO MODIFY THE DEVELOPMENT RESTRICTIONS IMPOSED BY POLICY LU-E-1 'A' AND 'B' ON THE SUBJECT PROPERTY LOCATED AT 171 NAOMI AVENUE;
AND, A REQUEST FOR A COASTAL DEVELOPMENT PERMIT AND
ARCHITECTURAL REVIEW PERMIT TO ALLOW FOR THE DEMOLITION
OF AN EXISTING SINGLE FAMILY RESIDENCE AND CONSTRUCTION OF
A NEW SINGLE-FAMILY RESIDENCE, ORNAMENTAL LANDSCAPING,
DECKING, AND LAP POOL; AND CONSIDERATION OF A NEGATIVE
DECLARATION. THE PROJECT IS LOCATED WITHIN THE ST. ANDREWS TRACT PLANNING AREA AND R-1 (SINGLE-FAMILY RESIDENTIAL, 1983 CODE) ZONING DISTRICT. THE PROJECT IS WITHIN THE COASTAL Attachment 5
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Pismo Beach Planning Commission Minutes March 22, 2022
ZONE AND IS APPEALABLE TO THE CALIFORNIA COASTAL
COMMISSION. APN 010-501-005. (MARTIN).
Recommendation:
Adopt a Resolution recommending approval to the City Council of amendments to the General Plan/Local Coastal Program Land Use Element Planning Area ‘E’ (St. Andrews Tract) to modify Policy LU-E-1 'a' and 'b' for the subject property at 171 Naomi Avenue (P21-000054), and approving Project P21-000015 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,648- square-foot two-story single-family residence; and adopting a Negative Declaration.
Presenting Staff:
Megan Marin, Planning Manager
Matthew Downing, Community Development Director
Public Hearing / Call for Public Comment:
Public comment received via email from the following: Adam Werner, Brian Kreowski, David Jewell, Effie McDermott, John Frady, Jennifer McGettigan, Keone Kauo,Loch Soderquist,Mark Burnes,Michelle Benson, Michael Moore, Frances Romero, Richard Loughead, Ron Penir, Scott Newton.
The following commented:
Frances Romero, Applicant Representative, commented (in-person).
Keone Kauo commented (in person).
Adam Werner commented (in-person).
Commissioner Malone Prichard disclosed ex-parte communications with the owner.
Commissioner Wills disclosed ex-parte communications with the property owner.
Action:Adopt a Resolution recommending approval to the City Council of Amendments to the General Plan/Local Coastal Program Land Use Element Planning Area ‘E’ (St. Andrews Tract) by eliminating Policy LU-E-1 'a' and Policy LU-E-1 'b' (Project No. P21—000054); and approving Project No. P21- 000015, for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,648- square-foot two-story single-family residence; and adopting a Negative Declaration.
Motion: Malone Prichard
Second: Wills
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Pismo Beach Planning Commission Minutes March 22, 2022
Vote:The motion passed on the following vote:
Ayes: 5 Malone Prichard, Wills, Oberhelman, Van Rozeboom, Jones Noes: 0 None
Absent: 0 None
Abstain: 0 None
Recused: 0 None
LEGISLATIVE RECORD:Resolution No. PC-R-2022-008 adopted.
9. BUSINESS ITEMS May be reordered and heard prior to Public Hearings None.
10. PLANNING COMMISSION COMMENTS AND REQUESTS
The Commission welcomed Commissioner Oberhelman to the Planning Commission.
11. ADJOURNMENT
At 8:18p.m.
MINUTES APPROVED BY THE PLANNING COMMISSION APRIL 12, 2022.
ATTEST:
____________________
Elsa Perez, CMC
Planning Commission Secretary
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