' RESOLUTION NO. R-2023-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA, APPROVING PROJECT NO. P21-000050 FOR A COASTAL
DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT, ARCHITECTURAL REVIEW PERMIT, AND VESTING TENTATIVE TRACT MAP 3181 TO SUBDIVIDE A LOT FOR 20 RESIDENTIAL DWELLING UNITS, TWO ACCESSORY DWELLING UNITS, A
1.11-ACRE BLUFFTOP PARK, AND A 0.38-ACRE OPEN SPACE LOT, AND ADOPTING A MITIGATED NEGATIVE DECLARATION.
LOCATION — 00 BEACHCOMBER DRIVE. APN — 010-144-025.
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WHEREAS, Fred and Tom McNeal ("Applicant") submitted an application (Project No.
P21-000050) for a Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map 3181 to subdivide a lot for 20 residential dwelling units, two accessory dwelling units, a 1.11-acre blufftop park, and a 0.38-acre open space lot; and
WHEREAS, the Planning Commission held duly -noticed public hearings on June 27, 2023 and August 22, 2023, at which all interested persons were given the opportunity to provide public comment; and
WHEREAS, the Planning Commission adopted Resolution No. PC-R-2023-021, recommending the City Council approve Project No. P21-000050 for a Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map 3181 to subdivide a lot for 20 residential dwelling units, two accessory dwelling units, a 1.11-acre blufftop park, and a 0.38-acre open space lot, and adopt a Mitigated Negative Declaration; and
WHEREAS, the City Council held a duly -noticed public hearing on October 3, 2023, at which all interested persons were given the opportunity to provide public comment; and WHEREAS, the City Council considered Project No. P21-000050 and the Draft Mitigated Negative Declaration; and
WHEREAS, the City Council finds, after due study, deliberation, and public hearing, that the following circumstances exist:
A. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS:
The project consists of a subdivision for 20 residential dwelling units, two accessory dwelling units, a 1.11-acre blufftop park, and a 0.38-acre open space lot.
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2. Potential environmental impacts have been evaluated in an environmental initial study in accordance with the California Environmental Quality Act Guidelines.
3. The mitigation measures identified in the Mitigated Negative Declaration have been reviewed and determined to be adequate in mitigating potentially significant environmental impacts.
4. The City Council has considered the environmental initial study and Draft Mitigated Negative Declaration and found it to be sufficient in accordance with California Environmental Quality Act Guidelines.
B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT,
CONDITIONAL USE PERMIT, ARCHITECTURAL REVIEW PERMIT, AND VESTING TENTATIVE TRACT MAP 3181:
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 project was designed in accordance with the Planned Residential Zone standards, with consideration of the South Palisades Specific Plan as guidance for establishment of residential structures that are appropriate in scale so as to be compatible within the project and with other development in the vicinity.
3. The architectural and general appearance of the structures are designed in conformance with the applicable development and design standards and are compatible with the visual quality and character of the surrounding area.
4. The project is consistent with the General Plan, Local Coastal Program, and General Plan Land Use Plan category of Medium Density Residential and Open Space.
5. The development and design standards will ensure that new residences are compatible with existing and anticipated uses in the vicinity of the project site and will not be detrimental to the health, safety, morals, comfort, and general welfare of persons living or working in the vicinity of the project site.
6. The project 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.
7. The project will not impair the desirability of investment or occupation in the surrounding area.
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8. The project is compliant with applicable standards of the General Plan, Local Coastal Program, and Planned Residential Zone.
9. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves Project No. P21-000050 for a Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map 3181 based on the above findings and subject to the Conditions of Approval, as set forth in Exhibit A, and attached hereto and incorporated herein by this reference.
UPON MOTION OF Council Member Guthrie, seconded by Mayor Pro Tern Reiss, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 3rd day of October 2023, by the following vote:
AYES: 3 Guthrie, Reiss, Waage
NOES: 2 Inman, Newton
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Attest:
Inderli( , City Clerk
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EXHIBIT A
CITY OF PISMO BEACH CONDITIONS OF APPROVAL
CITY COUNCIL MEETING OF OCTOBER 3, 2023
PROJECT NO. P21-000050, CDP / CUP / ARP / VTTM / MND
LOCATION — 00 BEACHCOMBER DRIVE (APN 010-144-025)
The conditions set forth in this project approval affect the title and possession of the real property that is the subject of this project approval 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 project approval 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 project approval.
AUTHORIZATION: Subject to the conditions stated below, approval of Project No. P21- 000050 grants planning permits for a residential subdivision to develop 20 residential dwelling units, two accessory dwelling units, a 1.11-acre blufftop park, and a 0.38-acre open space lot, as shown on the approved plans with the City of Pismo Beach stamp of October 3, 2023. Approval is granted only for the development and use as herein stated; any proposed changes shall require approval of amendments to these permits by the City of Pismo Beach unless otherwise noted.
EFFECTIVE DATE: The permits shall become effective upon the passage of 20 days following the receipt of notice of this action by the California Coastal Commission, provided that an appeal has not been filed to the California Coastal Commission within the above 20 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 the permits. The permits will expire two years from the City Council approval on October 3, 2023, unless inaugurated prior to that date.
Time extensions are allowable pursuant to Zoning Code regulations.
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 permits are not valid until signed by the property owner and applicant.
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 PAGE 4 OF 23
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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.
Approval by the City Council on October 3, 2023.
I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY WITH ALL ATTACHED
STATED CONDITIONS OF THIS APPROVAL
Owner/Applicant
Owner/Applicant
Date
Date
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CONDITIONS, POLICIES, AND SELECTED CODE REQUIREMENTS FOR PROJECT NO. P21-000050
LOCATION — 00 BEACHCOMBER DRIVE (APN 010-144-025)
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 RECORDATION OF FINAL MAP OR ISSUANCE OF A BUILDING PERMIT:
All of the environmental mitigation measures are herein incorporated as conditions of approval, as follows:
Mitigation Measure AQ-1. To mitigate fugitive dust emissions related to project construction, the following shall be implemented:
a) Reduce the amount of the disturbed area where possible; b) Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible;
c) All dirt stock pile areas should be sprayed daily as needed; d) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities;
e) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non- invasive grass seed and watered until vegetation is established; f) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD;
g) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used;
h) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site;
i) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; j) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site;
k) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used PAGE 6 OF 23
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Mitigation Monitoring Plan
1) All of these fugitive dust mitigation measures shall be shown on grading and building plans; and
m) The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition.
Mitigation Implementation/Monitoring
Performance standard: Dust control measures shall be monitored by Building Division and Engineering Division staff.
Contingency Measure: As determined by environmental monitor or building official Implementation Responsibility: Applicant
Implementation Schedule: throughout construction
Monitoring Method: Applicant shall consult with and apply for any appropriate permits with the San Luis Obispo Air Pollution Control District Mitigation Measure AQ-2. The required mitigation measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment are listed below:
a) Maintain all construction equipment in proper tune according to manufacturer's specifications;
b) Fuel all off -road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for use off -road); c) Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off -road heavyduty diesel engines, and comply with the State off -Road Regulation;
d) Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for onroad heavy-duty diesel engines, and comply with the State On -Road Regulation;
e) Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance;
f) All on and off -road diesel equipment shall not idle for more than 5 minutes.
Signs shall be posted in the designated queuing areas and orjob sites to remind drivers and operators of the 5 minute idling limit; g) Diesel idling within 1,000 feet of sensitive receptors is not permitted; h) Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
i) Electrify equipment when feasible;
j) Substitute gasoline -powered in place of diesel -powered equipment, where feasible; and
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Mitigation Monitoring Plan
k) Use alternatively fueled construction equipment on -site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
Mitigation Implementation/Monitoring
Performance standard: The applicant shall ensure compliance with the DPM avoidance measures during site construction.
Contingency Measure: As determined by environmental monitor or building official Implementation Responsibility: Applicant
Implementation Schedule: throughout construction
Monitoring Method: Applicant shall consult with and apply for any appropriate permits with the San Luis Obispo Air Pollution Control District Mitigation Measure BRA. Vegetation removal and initial site disturbance shall be conducted between September 1 and January 3 outside of the nesting season for birds.
If vegetation and/or tree removal is planned for the bird nesting season (February 1 to August 31), then preconstruction nesting bird surveys shall be conducted by a qualified biologist to determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found that would be impacted by construction, the nest sites shall be avoided with the establishment of a non -disturbance buffer zone around active nests as determined by a qualified biologist. Nest sites shall be avoided and protected with the non -disturbance buffer zone until the adults and young of the year are no longer reliant on the nest site for survival as determined by a qualified biologist. As such, avoiding disturbance or taking of an active nest would reduce potential impacts on nesting birds to a less -than -significant level.
Mitigation Implementation/Monitoring
Performance standard: The applicant and project biologist shall ensure compliance with avoidance measures during site construction.
Contingency Measure: As determined by environmental monitor or building official Implementation Responsibility: Applicant
Implementation Schedule: throughout construction
Monitoring Method: Biologist shall conduct monitoring and provide appropriate Mitigation Measure GEO-1. As discussed in the project geotechnical reports (Soils Engineering Report and Coastal Bluff Analysis), the primary concerns at the site include the potential of groundwater seepage, the presence of soft surface soils, and the presence of potentially expansive material. In addition to the structural development considerations, the Coastal Bluff Analysis identified recommendations to address the identified bluff retreat through required setbacks, seepage and drainage control, grading recommendations, and site design. Please refer to the project geotechnical reports for a discussion of all applicable recommendations. The applicant shall be required to implement all recommendations listed in both the Soils Engineering Report and the Coastal Bluff Analysis. The recommendations shall be listed on project site PAGE 8 OF 23
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plans prior to issuance of building permits and the applicant shall be required to confirm the incorporation of all recommendations into the project plans with the City Planning Department prior to construction activities.
Mitigation Implementation/Monitoring
Performance standard: Applicant shall submit proof of incorporation of the above, as appropriate, to the City Planning Division prior to issuance of a Building Permit.
Contingency Measure: None
Implementation Responsibility: Applicant/City
Implementation Schedule: Plans for new construction to include compliance with the Bluff Study.
Monitoring Method: Monitoring by the Building Division as part of permitting.
Mitigation Measure N-1. As specified in the project acoustic analysis, in addition to compliance with the Title 24 State Building Code requirement of 45dBA CNEL or less for habitable spaces, mitigation for the eight town homes closest to Highway 101 will be required. As such, the applicant shall utilize exterior walls of STC 37 / OITC 28 and windows with STC 33 / OITC 27 minimum in order to maintain the interior noise levels of not more than 45 dBA CNEL. In addition, balconies facing Highway 101 shall be prohibited. The applicant shall list this requirement on project building plans and confirm implementation of this construction standard with the City Planning Department prior to issuance of construction permits. For the proposed eight town homes in proximity to Highway 101, units shall be designed such that no windows with the ability to open shall be permitted on walls or doors facing the highway. The applicant shall show this requirement clearly on project site plans, including design elements and methods showing the means that will be employed for ventilation to provide a habitable interior environment. Airconditioning or air -handling units in these residences must be provided such that the interior noise level requirement can be met (i.e., the residences must not rely on natural ventilation through open windows).
Mitigation Implementation/Monitoring
Performance standard: The applicant shall comply with all recommendations in the Noise Study prepared for this property.
Contingency Measure: As determined by Building Official Implementation Responsibility: Applicant
Implementation Schedule: Prior to issuance of building permits Monitoring Method: Monitoring by the Building Division during Plan Check Mitigation Measure N-2. Stationary construction equipment that generates noise that exceeds 65 dBA at the project boundaries shall be shielded with the most modern and effective noise control devices (i.e., mufflers, lagging, and/or motor enclosures to City's satisfaction). Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed -air exhaust from pneumatically powered tools. Where use of pneumatic tools is unavoidable, an exhaust muffler on the PAGE 9 OF 23
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Plan
compressed -air exhaust shall be used. All equipment shall be properly maintained to ensure that no additional noise, due to worn or improperly maintained parts, is generated. Stockpiling and vehicle staging areas shall be located as far as practical from sensitive noise receptors. Every effort shall be made to create the greatest distance between noise sources and sensitive receptors during construction activities.
Mitigation Implementation/Monitoring
Performance standard: The applicant shall comply with this requirement.
Contingency Measure: As determined by Building Official Implementation Responsibility: Applicant
Implementation Schedule: During Construction
Monitoring Method: Monitoring by the Building Division during construction.
B. CONDITIONS TO BE MET PRIOR TO THE RECORDATION OF FINAL MAP:
PLANNING DIVISION
The applicant shall provide CC&Rs, which provide for the creation of a legal entity pursuant to the laws of the State of California for the control and maintenance of all improvements to be held in common. This legal entity shall possess the authority to make sufficient assessments and be responsible for the maintenance of all facilities and shall be self-sustaining. Any Homeowners Association created by such shall not be dissolved unless by prior approval of the City. Design guidelines shall be included in the CC&Rs for the subdivision for future changes to the residential structures.
ENGINEERING DIVISION
2. The applicant shall pay any current and outstanding fees for Engineering Plan Checking and Construction Inspection services.
3. All public improvements are completed and approved by the City Engineer, and accepted by the City Council for maintenance. If, at the time of approval of the final map, any required public improvements have not been completed and accepted by the City the owner shall be required to enter into a Subdivision Improvement Agreement with the City in accordance with the Subdivision Map Act.
Bonds required and the amount shall be as follows:
Performance Bond................100% of improvement costs.
Labor and Materials Bond ........ 50% of performance bond.
4. The owner shall offer to dedicate on the map to the City the following. The location and alignment shall be to the description and satisfaction of the City Engineer:
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' A. Irrevocable Offer of Dedication (in fee title): Lot 22 B. Public Pedestrian Easement; to allow for 4-foot ADA compliant sidewalk extensions at back of drive approaches along Beachcomber Drive.
C. Public Utility Easement (PUE) and Sidewalk Easement: 6 feet on Beachcomber Drive for meandering sidewalk.
D. Public Easement: 10-foot PUE, pedestrian and bikeway easement along Shell Beach Road.
E. Irrevocable Offer of Dedication: Street right-of-way, 26 feet wide.
F. Irrevocable Offer of Dedication: Curb return right-of-way, 15-foot radius.
Corner of Beachcomber Drive and Shell Beach Road.
G. Irrevocable Offer of Dedication; Street corner knuckle right-of-way.
H. A blufftop park and access, in accordance with Condition C-17 of these Conditions of Approval, to the City in lieu of paying the park impact fees for the subdivision.
Private easements shall be reserved on the map for the following:
A. Sewer
B. Water
C. Storm Drainage
D. Access
E. Lighting
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6. Per the South Palisades Specific Plan, no private driveways shall have access to Shell Beach Road. Vehicular access shall be denied to Shell Beach Road from Lots 17, 18, 19, and 20.
7. The owner and/or Homeowners Association (HOA) shall be responsible for the maintenance of including but not limited to all landscaping, irrigation, trees, walls, pathways, parkways, common driveways, etc. as included in street frontages on Beachcomber Drive and Shell Beach Road. The City shall approve the related language in the CC&Rs related to these areas prior to the final map acceptance and recordation.
8. All final property corners shall be installed.
C. CONDITIONS TO BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
BUILDING DIVISION
1. All construction shall conform to the applicable edition of the 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.
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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.
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(s) 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 PAGE 12 OF 23
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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. 17A\:I:I I. [el 11 VA &9 Eel iJ
COMPLIANCE WITH PLANNING COMMISSION APPROVAL. Prior to the issuance of a building permit, the Planning Division 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
5,000 s . ft. minimum for SFR lots
Building Height
15 feet maximum for Lots 1-2 and 17-20
25 feet maximum for Lots 3-16 see C-13
Building Floor Area
60% maximum
Lot Coverage
40% maximum
Planting Area
40% or 4,292 s . ft., whichever is greater
Blufftop setback
131 feet
Side, rear setbacks
10 feet from Shell Beach Road
15 feet from Beachcomber South after dedication
10 feet side and rear setbacks
Parking spaces
2 spaces in garage for each townhouse, each 10 ft. by 20 ft. 2 spaces in garage for each SFR, each 10 ft. by 20 ft.
1 space per ADU, each 9 ft. by 20 ft.
5 guest parking spaces, each 10 ft. by 20 ft.
10. COLOR AND MATERIALS. Color and materials for the townhouses shall be as shown on the color board as approved by the Planning Commission.
11. FENCING. No solid fences, hedges or walls over 42 inches in height shall be permitted in the front yard setbacks in accordance with the City's Zoning Code. No solid fences greater than 42 inches are permitted within the subdivision. All fencing that exceeds 42 inches is to be a minimum of 60% see through and maximum of 6 feet in height. Prior to recordation of the Final Map, the applicant shall submit a fencing detail to be utilized throughout the development. Fencing type to be reviewed and approved by the Planning Division. Fencing adjacent to Shell Beach Road shall be wrought iron in order to allow views through the fencing to the ocean.
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12. BUILDING HEIGHT. The maximum allowable height of the structure shall be shown on the construction plans, to be consistent with those elevations and heights noted in the following table, except that the structure on Lot 8 shall be modified to not exceed 25 feet in height (measured from existing grade at center of lot):
Maximum Height Limitations
Lot
Number
Existing
Grade
Elevation
Max.
Height
Max.
Elevation
Proposed
Pad
Proposed
Height
1 63'
15'
78'
61' upper
55' lower
15' (78')
2 62.3'
15'
77.3'
60' upper
55' lower
15' (77.3')
3 71.5'
25'
96.5'
74'
TBD2
4 70.5'
25,
95.5'
74'
TBD2
5 76.5'
25'
101.5'
73'
24.4' 98.4'
6 74.5'
25'
99.5'
74'
24.4' 98.4'
7 83'
25'
108'
83'
24.4' 107.4'
8 83'
25'
108'
84'
25.3' (108.3')
where max.
is 108.0'
9 90,
25'
115'
86.5'
19' 109'
10 90,
25'
115'
86.5'
19' 109'
11 90,
25'
115'
86.5'
20' 110'
12 90,
25'
115'
86.5'
20' 110'
13 96,
25'
121'
97.5'
23' 119'
14 96'
25'
121'
97.5'
23' 119'
15 97'
25'
122'
97.5'
22' 119'
16 97'
25'
122'
97.5'
22' 119'
17 105"
15'
120'
97.5'
14' 119'
18 10511
15'
1 1 97.5'
14' 119'
19 105"
15'
120'
97.5'
14' 119'
20 105"
15'
120'
97.5'
14' 119'
At street level
2 To be determined under separate CDP approval
13. RESIDENCES ON LOTS 3 AND 4. Architectural design plans for Lots 3 and 4 shall be brought before the Planning Commission for review and approval of Coastal Development and Architectural Review Permits for each residence. This shall include, but not be limited to, site plans, exterior elevations, and colors and material boards.
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14. PARKING. Parking spaces shall be 10 feet by 20 feet for all garage spaces and for all guest parking spaces, and 9 feet by 20 feet for ADU spaces. A minimum of 2 parking spaces shall be provided for each unit, one parking space per ADU, and five guest parking spaces total. Two guest parking spaces shall be required across Lots 3 through 8 to ensure that a total of five guest parking spaces are provided for the residential subdivision. Easements shall be provided for the use and maintenance of the additional guest spaces.
15. 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 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. Trees, shrubs, and landscaping improvements shall be located outside of view corridors if the mature height would likely obscure public views from Shell Beach Road and Highway 101.
16. OUTDOOR LIGHTING. That the applicant shall submit an outdoor lighting plan for both the exterior of the condominium buildings as well as for the street and common parking areas. Proposed lighting shall be decorative in nature, low level pedestrian oriented and street and parking lights shall be shielded from above.
Said plan shall be submitted to the Planning Division, Engineering Division, and Building Division. The lighting plan shall include:
A. Locations and voltage of all fixtures
B. Height and design of standards and fixtures
C. Foot candles of illumination for all lighting fixtures D. Location, height and voltage of any exterior wall -mounted lighting E. Low level decorative light fixtures and standards. Light standards shall be shielded from above.
17. BLUFF TOP PARK & ACCESS DEDICATION: The applicant shall offer a 131-foot dedication (measured and set back from top of bluff) in fee title, consistent with the Geosolutions Coastal Bluff Evaluation (Geosolutions, February 2021) rates of 2.43 inches per year plus 100 feet, for a recreational blufftop park. The Final Map shall ' reflect an offer of dedication of this area to the City for open space and recreational purposes. The park area and related improvements shall be consistent with those PAGE 15 OF 23
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approved by the City. The applicant shall be responsible for improving the entire blufftop park and pathway access to the satisfaction of the Engineering and Planning Divisions. The park access path shall be constructed of concrete or other similar material approved by the Engineering and Planning Divisions and shall provide connections to adjacent properties to the satisfaction of the Engineering and Planning Divisions.
18. OPEN SPACE REQUIREMENT. The project shall maintain a minimum of 60% of the site, minus right-of-way square footage, in open space. The construction documents shall clearly show that there is at least 110,000 square feet of Open Space within the development with no greater than 50% of that provided on privately owned lots.
19. LATERAL BEACH ACCESS. A lateral public access dedication shall be made for that portion of the property extending from the ocean side parcel boundary to the top of the bluff.
20. AFFORDABLE HOUSING. The applicant shall comply with the City of Pismo Beach inclusionary housing requirements and affordable housing incentives as listed in Chapter 17.26 of the 1998 Zoning Code. The applicant shall be required to comply with one of the following methods:
A. Construct the required number of affordable housing units, as specified in Chapter 17.26
B. Pay an in -lieu fee as described in Chapter 17.26
C. Dedicate existing dwelling units for affordable housing equal to or greater that the equivalent value to the applicable in -lieu fee which would otherwise be required by Chapter 17.26
D. Dedicate real property for affordable housing equal to or greater than the equivalent value to the applicable in -lieu fee which would otherwise be required by chapter 17.26
E. Use a combination of the above methods subject to the approval of the City.
21. BEACH ACCESS SIGNAGE. The applicant shall provide beach access signage at the corner of Shell Beach Road and Beachcomber South consistent with City standards.
22. ADU DEED RESTRICTIONS. The applicant shall file a deed restriction stating that both the primary and accessory dwelling unit must be occupied in a manner consistent with Municipal Code section 17.113 regarding Short Term Rentals, with the ADU not to be rented for a period of less than thirty (30) consecutive days pursuant to Cal. Gov. Code, § 65852.2, and that the accessory dwelling unit shall not be sold separately from the primary unit.
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1 ENGINEERING DIVISION
23. Engineering standard conditions (notes): Shall be placed on the plans at time of submittal. A copy may be obtained through the Engineering Department.
24. 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.
25. Appropriate City standards shall be referred to on the plans and shall be included on a detail sheet within the plan set.
26. 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.
27. A waiver shall be required for any excavation in the roadway per the Pavement ' Cut Ordinance (Pismo Beach Municipal Code Chapter 12.36). If a waiver is granted, the roadway shall be repaired in accordance with the Pavement Cut Ordinance.
28. The City Engineering Division shall approve any landscaping or irrigation within a public right of way. All landscaping shall be maintained by the owner or Homeowners Association (HOA).
29. Intersection site distances shall be graphically represented on the plans for all intersections within the project, including the project entrance(s). Landscaping shall be taken into account.
30. Dead end parking areas must be provided with adequate turn -around area, assuming all spaces are filled.
31. The applicant shall provide a current title report to the Engineering Division.
32. Driveways and driveway approaches shall be located and constructed per City of Pismo Beach standards. Profiles shall be provided for all interior driveways.
33. 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 PAGE 17 OF 23
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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.
34. Due to the number of utility trenches required for this project a pavement overlay on Beachcomber Drive along the frontage of the project is required to the centerline.
35. 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
36. A Preliminary Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer.
37. 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.
38. The project shall conform to the City's Storm Water Discharge Ordinance.
39. Post Construction Requirements: 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.
40. A Water Pollution Control Plan (WPCP) shall be submitted.
41. Calculations and/or a drainage report must be submitted with the plans.
42. The applicant shall submit a composite utility plan.
43. 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 in accordance with the Public Works Department Standards and Specifications.
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44. 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. Park landscaping shall be on a separate irrigation meter and controller to the satisfaction of the City Engineer.
45. 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.
46. 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.
47. A blufftop geologic hazards report shall be submitted in accordance with the City Zoning Ordinance.
1 Utilities
48. The applicant shall install all utilities.
49. Sewer System Requirements
A. Applicant is responsible for all costs, materials and labor for the installation of a new sewer main and laterals.
B. Onsite sewer system shall be a private system to the point of connection with the City system in Beachcomber Drive.
C. Private sewer to lots 1 and 2 shall be located outside of the park lot (lot 21).
No easement shall be granted within lot 21 for private sewer.
50. Water System Requirements
A. Applicant is responsible for all costs, materials and labor for the installation of a new water main and laterals.
B. Applicant is required to show the size of the proposed laterals and proposed water meters on the plans.
C. Installation of 4 fire hydrants along Beachcomber Drive at the uphill side of each drive approach to the satisfaction of the Fire Chief.
51. All wire utility services to the project shall be located underground.
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52. The applicant is responsible for securing Public Utility signatures for proposed utility relocations. Utility comments shall be forwarded to the City Engineer for approval.
53. Street lights shall be installed along Beachcomber Drive and Shell Beach Road at locations approved by the City Engineer. A photometric plan shall be provided to support locations of the new street lights. Street lights style and location shall be approved by the City Engineer.
54. Street trees shall be installed at locations approved by the City Engineer along Shell Beach Road and Beachcomber Drive. Trees shall be located in tree wells per City Standard Details and spaced 30 feet apart.
55. Park Furnishings
A. Three ADA compliant park benches with concrete pads shall be installed along the coastal trail at locations approved by the City Engineer. Park benches shall be City standard benches and approved by the City Engineer.
B. Two trash cans shall be installed along the coastal trail at locations approved by the City Engineer. Trash Cans shall be City standard and approved by the City Engineer.
C. Bike rack location and bike rack shall be installed along the coastal trail at a location approved by the City Engineer. Bike rack shall be approved by the City Engineer.
Public Improvement Plans
56. Public improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department, Engineering Division and include the following:
A. Grading, drainage and erosion control.
B. Street paving, curb, gutter and sidewalk as determined necessary by the City Engineer.
C. Public utilities.
D. Water and sewer.
E. If deemed necessary by the City Engineer, plans within the right-of-way shall include profile drawings. Improvement plans shall accurately identify the size and location of all existing public and private utilities within 25' of the property, and in all public right -of ways fronting the property. Show all proposed private utilities and tie-in locations.
57. The applicant shall submit three sets of public improvement plans to the Engineering Division on the City of Pismo Beach title block as a separate submittal.
58. Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes.
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1 59. The applicant shall provide an engineer's estimate for all work on public improvement plans.
60. Prior to any plan check, the applicant shall enter into an Engineering Plan Check and Inspection Services Agreement with the City based on 5% of the engineer's estimate for all work on public improvement plans.
61. Building plans will not be approved by the Engineering Department until Public Improvement Plans are approved, i.e approved mylars signed by the City Engineer.
62. Prior to the final inspections and acceptance of the public improvements the applicant shall provide to the City Engineer record drawings, signed by the engineer of record:
A. 1 set of reproducible mylars
B. 3 sets of print of the approved record drawings (as-builts) C. An electronic AutoCAD drawing file registered to the City's benchmark system shall be provided.
63. Street Improvements
A. Street improvements shall be designed and constructed to the following street standards:
' i. 42 feet street width from curb to curb on Beachcomber Drive, 5-foot- wide meandering sidewalks on Beachcomber Drive, 10-foot-wide meandering concrete walk on Shell Beach Road, maintain minimum 4- foot clear around obstructions (e.g. tree wells, fire hydrants, signs, etc.) ii. Concrete sidewalks, curb and gutter.
iii. 52-foot-wide right of way on Beachcomber Drive.
iv. 25 mile -per -hour design speed.
B. Street structural sections shall be determined by an R-Value soil test. The Traffic Index for each street shall be as follows:
i. 6.5 on Beachcomber Drive
ii. 7.0 on Shell Beach Road
FIRE DEPARTMENT
64. No parking will be allowed on access road or driveway easements. This will be posted with signage and red curbs.
D. 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.
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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 the 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.
E. 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 each building including anticipated finishing materials. Height to be certified as shown on approved plans.
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. All required final inspection approvals must be obtained from the various departments and documented on the permit card.
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F. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY:
PLANNING DIVISION
COMPLETION OF LANDSCAPING. All landscaping and irrigation systems shown on the approved plans, including the open space lots, shall be installed by the applicant and shall be subject to inspection and approval by the project planner prior to the issuance of any Certificate of Occupancy.
G. CONDITIONS SUBJECT TO ONGOING COMPLIANCE
ROOF -MOUNTED EQUIPMENT. All roof -mounted equipment, vents or ducts shall be screened from view in a manner approved by the Planning Division.
2. Following the City's acceptance of the blufftop park and access dedication, the applicant and/or Homeowners Association shall establish and maintain the bluff top park for a minimum maintenance period of 1 year to ensure plant establishment, to the satisfaction of the City Engineer. If the City Engineer determines that the blufffop park has not been adequately maintained or the plants are not properly established throughout the maintenance period, the City Engineer may extend the maintenance period. Following the conclusion of the maintenance period, the City shall maintain the blufftop park.
3. 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.
4. 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.
5. 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.
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