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1 RESOLUTION NO. R-2023-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION DENIAL OF PROJECT NO. P22-000004 AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA. LOCATION — 3990 SHELL BEACH ROAD. APN 010-154-037
WHEREAS, Andrew Grow submitted an application (Project No. P22-000004) for a Coastal Development Permit and Variance to develop a rainwater collection and retention system for an existing single-family residence; and
WHEREAS. the Planning Commission held duly -noticed public hearings for Project No.
P22-000004 on February 22, 2022; January 10, 2023; January 24, 2023: and April 25, 2023, at which all interested persons were given the opportunity to provide public comment; and
WHEREAS, on April 25, 2023, the Planning Commission, following consideration of public testimony, applicant testimony, and staff analysis, adopted a Resolution denying, without prejudice, Project No. P22-000004; and
WHEREAS, an May 4, 2023, Andrew Grow (Appellant) filed a timely appeal of the Planning Commission decision to deny the Coastal Development Permit request associated with Project No. P22-000004; and
WHEREAS, the City Council held a duly -noticed public hearing on June 20, 2023, at which all interested persons were given the opportunity to provide public comment: 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
1 The project is exempt pursuant to Section 15061(b)(4) of the CEQA Guidelines regarding projects rejected or disapproved by public agencies.
B. FINDINGS FOR DENIAL OF THE COASTAL DEVELOPMENT PERMIT
1. The proposed project is inconsistent with the General Plan and Local Coastal Program (GP/LCP) because the proposed development would exceed the development limitations established by the General Plan/Local Coastal Program (GPILCP) Policy LU-A-8.
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R-2023-047
2. The proposed project does not satisfy the applicable provisions of the Pismo Beach Municipal Code (1983 Zoning Code) because it would add additional development beyond what is allowed by Section 17.051.030.B.1. According to this section, total development within the OS-1 Zoning District is limited to the lesser of 60 percent of the lot area, or 5,000 square feet of the lot area. Based on staff's estimate of the developed lot coverage at the current time, which is in excess of 25,000 square -feet, the proposed project would expand the lot coverage beyond that previously undertaken and beyond what is allowable under Section 17.051.030.B.1.
3. The proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because the requested rainwater collection and retention system would result in development that would exceed the maximum allowable development area limited by the GP/LCP and 1983 Zoning Code, otherwise applicable to neighboring properties in the same zoning district.
4. The property owner's predecessor in interest has already received a Variance and Conditional Use Permit and constructed one residential unit on the property that exceeds the development standards identified pursuant to 1983 Zoning Code Section 17.051.030. The feasible and beneficial use of the site, which produced favorable and advantageous results, both social and economic, has already been achieved. Additional development beyond what exists at the site would constitute a grant of special privileges not enjoyed by other similar properties within the same zoning district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby denies the appeal and upholds the Planning Commission decision on April 25, 2023, to deny Project No. P22-000004, with the above findings.
UPON MOTION OF Mayor Pro Tem Reiss, seconded by Council Member Guthrie, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 201h day of June 2023, by the following vote:
AYES: 4 Reiss, Guthrie, Newton, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 1 Inman
Aoved:
Ed Waage, Mayor
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1 R-2023-047