Appeal of the Planning Commission
Denial of Project No. P22-000004
Agenda Item 11.B
By Matthew Downing, Community Development Director
Meeting Date: June 20, 2023
Background
•Project site located in OS-1 Zone – 1983 Coastal Zoning Code •Single-family residence allowable as conditional use
•Planning Commission approval on October 14, 2003
•Litigation settlement in Nov. 2016
•Coastal Development Permit and Variance (Project No. P22- 000004) to develop a rainwater collection and retention system for the existing residence, consisting of 10 new approximately 5,000-gallon rainwater retention tanks and a new underground sump for landscape irrigation
•Planning Commission denied project on April 25, 2023 – inconsistent with GP/LCP, 1983 Coastal Zoning Code, character of neighborhood, grant of special privilege
Appeal
“The project is a rainwater collection and retention system for an existing residence.
The Planning Commission erred in denying the project, because it is fully consistent with the General Plan/Local Coastal Program or 1983 Zoning Code, as well as a 2016 court settlement with the City that authorized development in the project area. The project can and should be approved, especially given the environmental benefits associated with the project.” Note: Only denial of Coastal Development Permit appealed, denial of Variance not appealed
Analysis
•Purpose of the OS-1 Zone is to conserve open space and minimize private structural improvements •Maximum allowable lot coverage (City regulations): 5,000 sq. ft. •Current development already substantially exceeds the maximum allowable lot coverage by approximately 25,000 sq. ft. •Scope of the settlement was specific to the point in the time •Proposed project would be new development beyond the scope of the settlement •Variance, at minimum, would be required to approve the project •Approval of the project would cause the site to deviate further from the purpose of the OS-1 Zone
Conclusion
•The project is not consistent with the GP/LCP nor 1983 Coastal Zoning Code
•The scope of the settlement does not cover the proposed project
•Since the Variance was not part of the appeal, approval of the project cannot be granted
•Appeal should be denied
Recommendation
Adopt a Resolution denying the appeal and upholding the Planning Commission denial of Project No. P22-000004 and making a determination of exemption under CEQA