RESOLUTION NO. R-2022-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE APRIL 26, 2022
PLANNING COMMISSION APPROVAL OF A COASTAL DEVELOPMENT PERMIT AND ARCHITECTURAL REVIEW PERMIT (P21-000087) FOR THE CONSTRUCTION OF A 2,156-SQUARE-FOOT TUNNEL COMPLEX WITH A NEW GARAGE AND ELEVATOR TO ACCESS A NEW 2,040-SQUARE-FOOT CABANA AND 1,157-
SQUARE-FOOT POOL DECK AND POOL UPSLOPE OF AN EXISTING SINGLE- FAMILY RESIDENCE AT 114 BLUFF DRIVE, AND ADOPTING CATEGORICAL EXEMPTION NO. 2022-009
WHEREAS, on April 26, 2022, the Planning Commission duly considered the application of Thierry and Carol Thaure, for a Coastal Development Permit and Architectural Review Permit (Project P21-000087) for the construction of a 2,156-square-foot tunnel complex with a new garage and elevator to access a new 2,040-square foot cabana and 1,157 pool deck and pool upslope of an existing single-family residence; and WHEREAS, following consideration of staff analysis and testimony by the applicant and members of the public, the Planning Commission conditionally approved P21-000087; and
WHEREAS, on May 10, 2022, Nicole Frank 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 June 7, 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 project is exempt from CEQA in accordance with Section 15303(e) of the CEQA Guidelines, exempting construction of accessory structures to an existing residential use.
2. 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 Planned Residential zoning designation which allows for construction of single-family residences consistent with the density factor of the general plan.
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3. The proposed development occurs within city limits on a project site of no more than five acres and is surrounded by similar and comparable residential uses.
4. The project site has no value as habitat for endangered, rare or threatened species because the site is within a tract currently developed with other existing single-family residences 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 construction of a 2,156-square-foot tunnel complex with a new garage and elevator to access a new 2,040-square foot cabana and 1,157 pool deck upslope of an existing 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 and their accessory structures within the Tract and in the immediate vicinity.
3. The architectural and general appearance of the tunnel system, pool cabana, and related improvements is in keeping with the character of the neighborhood and compatible with the architectural style, building materials, and massing with other residences in the neighborhood.
4. The proposed development is consistent with the General Plan/Local Coastal Program and General Plan Land Use Plan category of `Low -Density Residential'.
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 an accessory structure to an existing single-family residence, where other single-family residences with similar improvements exist within the same tract and 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.
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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 Tract and Planned Residential zone.
8. The proposed project will not significantly alter existing natural Iandforms because the project site does not contain prominent natural Iandforms.
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 appeal and upholds the Planning Commission's April 26, 2022 approval of a Coastal Development Permit and Architectural Review Permit (Project P21- 000087) for a subject to the conditions as set forth in Exhibit A, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby adopts Categorical Exemption 2022-009 with the above findings, which is incorporated herein by this reference.
UPON MOTION OF Council Member Newton, seconded by Council Member Guthrie, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of June 2022, by the following vote:
AYES: 5 Newton, Guthrie, Blake, Reiss, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved: Attes
Ed Waage, Mayor
Erica nderlied, City Clerk
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Exhibit A
EXHIBIT A
CITY OF PISMO BEACH CONDITIONS
CITY COUNCIL MEETING OF APRIL 26, 2022
PERMIT NO. P21-000087, CDP 1 ARP
LOCATION: 114 BLUFF DRIVE, APN: 010-562-010
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, approval of Permit P21- 000087 grants planning permits to construct a 2,156 square -foot tunnel complex with a new garage and elevator to access a new 2,040 square foot cabana and 1,157 pool deck upslope of an existing single-family residence as shown on the approved plans with the City of Pismo Beach stamp of June 7, 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 upon the passage of 10 days following the receipt of notice of this action by the California Coastal Commission, or that an appeal has not been filed to the California Coastal Commission within the above 10 days. 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 June 7, 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.
COMPLIANCE AGREEMENT: 1 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.
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Exhibit A
I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY WITH ALL ATTACHED
STATED CONDITIONS OF THIS PERMIT
Approved by the City Council on June 7, 2022.
Owner/Applicant Date
Owner/Applicant Date
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Exhibit A
CONDITIONS, POLICIES, AND SELECTED CODE REQUIREMENTS FOR PROJECT NO. P21-000087
LOCATION: 114 BLUFF DRIVE, APN 010-562-010
Conditions as indicated below have been deemed to be of a substantive nature on the basis of the City Council's decision. These conditions cannot be altered without City Council 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.
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.
6. An automatic residential fire sprinkler system is required at the new structure. [§ R313.2, R313.2.1 CRC]
7 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 PAGE 6 OF 12
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Exhibit A
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.
8. The project is located in a High Fire Hazard Severity Zone and is subject to the requirements of Section R337 of the CA Residential Code.
9. 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. `.."° PLANNING DIVISION
,Td
10. COMPLIANCE WITH PLANNING COMMISSION APPROVAL. Prior to the issuance of a building permit, the Project Planner shall confirm that the construction plot plan and building elevations are in compliance with the Planning Commission's approval and these conditions. Project shall comply with these standards:
Item
Approved
Lot Area
54,886 sf
Building Height
10' (186')
Building Floor Area
9,642 sf (32.9%)
Lot Coverage
10,723 sf (19.5%)
Planting Area
43,458 sf (79.2%)
Setbacks
Sides — 10'
Rear — 208'
11. COLORS AND MATERIALS. Colors and materials shall be consistent with those shown on the color board as reviewed and approved by the Planning Commission on April 26, 2022.
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Exhibit A
12. GEOTECHNICAL REPORT. The project shall comply with all recommendations of the Earth Systems Pacific Geotechnical Engineering And Geologic Hazards Report dated August 3, 2021.
13. LANDSCAPING AND IRRIGATION PLANS. Landscaping and irrigation plans encompassing the entire site shall be submitted by the project applicant to the City for review and approval by the project planner. Detailed calculations shall be provided on the face of the plan indicating the provision of a minimum of 40% landscaping provided for the project site. The Plans shall be consistent with Chapter 15.48 of the City of Pismo Beach Municipal Code. The landscape plan shall include the following provisions:
a. Use of low -water -using irrigation systems. Drip irrigation shall be used. b. Landscape Design Plan (including a plant list that only uses drought tolerant of local native plant varieties).
c. Irrigation Design Plan.
d. Tree list, including mature height of all trees not to exceed the height of the residence.
e. Landscaping square footage shall be calculated based on the lot size after any dedication.
f. The Model Water Efficient Landscape Ordinance (MWELO) requires City provided forms for Prescriptive Compliance water use to be submitted with the Building Permit Plans.
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.
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Exhibit A
18. The applicant shall provide a current title report to the Engineering Division.
19. Driveways and driveway approaches shall be located and constructed per City of Pismo Beach standards. Profiles shall be provided for all interior driveways.
20. 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.
21. 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 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
22. A Preliminary Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer.
23. 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.
24. The project shall conform to the City's Storm Water Discharge Ordinance.
25. 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.
26. A Water Pollution Control Plan (WPCP) shall be submitted.
27. Calculations and/or a drainage report must be submitted with the plans.
28. The applicant shall submit a composite utility plan.
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Exhibit A
29. All off -site public improvement plans shall be prepared by a registered civil engineer and shall be submitted to the City Engineer for review and approval. The improvements shall be designed and placed to the Public Works Department Standards and Specifications.
30. 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.
31. 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 acre that are part of a larger plan of development or sale that would disturb more than one acre.
Utilities
32. The applicant shall install all utilities.
33. All utilities shall be extended to the boundaries of the project.
34. Sewer System Requirements. 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.
35. Water System Requirements. 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".
36. All wire utility services to the project shall be located underground.
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Exhibit A
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 reservations 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 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.
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Exhibit A
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:
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 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 ail 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.
-END-
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