PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: May 7, 2024
TITLE:
Residential Sidewalk Policy
RECOMMENDATION:
Provide staff direction and clarification on a residential sidewalk policy.
DISCUSSION:
Over the last several years the City Council has received information on sidewalks including responsibility for their construction and maintenance.
Public improvements, including curbs, gutters, sidewalks, streets and other infrastructure are typically installed by developers when tracts are developed. These costs are factored into the selling price of the houses and therefore ultimately paid for by the homeowner.
Streets and Highways Code Section 5610 places the maintenance of sidewalks on the adjacent property owner in residential neighborhoods. It has long been the City’s position that the City does not install sidewalks and that it is homeowners’ responsibility to build missing sidewalks throughout the City when a parcel is developed, redeveloped, or a major modification has been made to an existing house.
On November 1, 2022, the City Council gave direction to staff that moving forward sidewalks shall be installed in the following circumstances:
New development – In practice, this means development of a vacant lot Redevelopment – An existing dwelling is completely, or mostly demolished and a new dwelling is built in its place.
50% renovation/addition – The addition and/or remodel of a dwelling when the total square footage being added and/or remodeled equals 50% or more of the existing dwelling.
Accessory Dwelling Units (ADU) shall not be included in the definition of new construction, or the calculation of remodel percentage for the requirement of sidewalk.
Sidewalk shall not be required where not feasible, i.e. not enough right-of-way.
More recently, at the February 16, 2024, Goal-Setting Workshop the City Council directed staff to return with a revised sidewalk policy that would require sidewalk for projects that met the criteria outlined above only when 50% or more of the street already had sidewalks, and when City right-of-way is 50 feet wide or more, and to not require sidewalks in “Old Shell Beach,” defined as Cliff Avenue to Vista Del Mar Avenue.
Council Agenda 05-07-2024 12.B-1
Items Needing Clarification
Staff seeks clarification on several points and will return at the next Council meeting with a resolution that reflects the City Council's direction on this item.
Defining Fifty Percent
Depending on the definition of “street,” there are currently no streets in the city that have sidewalk on 50% of one side of the street, however there are some streets, such as Longview Avenue and Ocean Boulevard, that have sidewalk on one side of the street.
Does this mean that 50% of the street has sidewalk and therefore, the other side of the street shall install sidewalk?
Figure 1. Longview Avenue at Fresno Street
Figure 1, above, shows a section of Longview Avenue with sidewalk on the right side of the street, however a 2-foot substandard sidewalk on the left side of the street.
Figure 2. Longview Avenue from Taft Street to Bakersfield Street Figure 2, above, shows Longview Avenue from Taft Street, on the left side of the picture to Bakersfield Street, on the right side of the of the picture with half of the block having a 4-foot sidewalk and the other half having a 3-foot sidewalk. 4’ Sidewalk 3’ Sidewalk
Council Agenda 05-07-2024 12.B-2
Bluff Top Areas
Ocean Boulevard currently has a bluff top trail from just north of Wawona Avenue to the end of the street, which is just north of Vista del Mar Avenue. However, the city continues to see bluff failure in this area, which has required the relocation of the path and relocation and/or removal of several benches. Should sidewalk be required on the inland side of the street to allow for planned retreat?
Substandard Sidewalk
Most of the streets in Pismo Heights have a substandard sidewalk which varies in width from 2 feet to 3 feet. Should these sidewalks be brought up to current standards? Figure 3. Bakersfield Street
Figure 3, above, shows Bakersfield Street with substandard sidewalks on each side of the street.
For reference, staff has provided a map of the city (Attachment 1) showing the current status of sidewalks in each neighborhood.
Additionally Required Work
If the City Council’s direction is to not require sidewalks in Shell Beach, the current Council-adopted Shell Beach Design Standards and Guidelines (Guidelines) and the General Plan and Local Coast Program (General Plan) will need to be revised. Currently, Guidelines require sidewalks when a new single-family or multi-family home is built.
Specifically, SP S.1 page 7 of the Guidelines states:
“Where a new single-family structure is proposed on a lot without curb, gutter and/or sidewalk improvements within the street right-of-way, the City shall require the installation of one (1) or all of these improvements as part of a project approval.
Permeable pavers, decomposed granite or decorative pea gravel shall be provided Council Agenda 05-07-2024 12.B-3
within the street right-of-way in instances where the installation of a standard sized sidewalk is determined to be infeasible due to lot size limitations to the satisfaction of the Director of Public Works. Changes to existing drainage patterns shall not be altered in a way that would negatively affect neighborhood properties.” and page 19 of the Guidelines states:
“Where a new multi-family development is proposed on a lot without curb, gutter and/or sidewalk improvements within the street right-of-way, the City shall require the installation of one (1) or all of these improvements as part of a project approval.
Permeable pavers, decomposed granite or decorative pea gravel shall be provided within the street right-of-way in instances where the installation of a standard sized sidewalk is determined to be infeasible due to lot size limitations to the satisfaction of the Director of Public Works. Changes to existing drainage patterns shall not be altered in a way that would negatively affect neighborhood properties.” These sections of the Guidelines will need to be revised or removed so that the Guidelines are not in conflict with Council’s direction.
The Circulation Element of the City’s General Plan lists four goals, one of which states the City will “plan and provide pedestrian and bicycle facilities to encourage and meet the walking and bicycling needs of the City.” Further, Subsection 2.4 “Existing Facilities” of Section 4.0 “Multimodal Policies” states that the City will “… Complete a network of bicycle lanes and paths, sidewalks and pedestrian paths within existing developed parts of the City, and extend the system to serve new growth areas.” Subsection 2.10 “Universal design” states that the City will “Provide pedestrian facilities that are accessible to persons with disabilities and ensure that roadway improvement projects address accessibility by using universal design concepts.” These subsections of the General Plan will need to be revised to only apply to new tracts and not infill development, which is in conflict with Council’s current direction. These changes could be incorporated into the current General Plan and Local Coastal Plan revisions.
Conclusion and Recommendation
Staff recommends that the City Council provide direction and clarification regarding the following components of the City’s residential sidewalk development policy:
How to define “fifty percent” as it relates to existing sidewalk Whether to account for coastal retreat when developing blufftop streets Whether to require that substandard sidewalks be brought to current standard In addition to the items above, staff will carry forward the existing aspects of residential sidewalk development policy pertaining to new development, redevelopment, and 50%- or-more remodels, with ADUs being excepted from those calculations, and with “Old Shell Beach” being excepted from the requirements entirely, unless the Council directs otherwise at this time.
Staff will return on May 21, 2024 with a resolution for the Council’s adoption. Staff recommends that the resolution be retroactive and supersede any conditions of approval Council Agenda 05-07-2024 12.B-4
for all projects that have planning approval, but not yet an issued building permit, as of the date of the adoption of the resolution. Staff further recommends that the City Council direct staff to update the Shell Beach Design Guidelines and applicable General Plan policies so that those documents are not in conflict with the Residential Sidewalk Policy.
FISCAL IMPACT:
There is no direct fiscal impact associated with this report.
ATTACHMENTS:
1. Map of current neighborhood sidewalk status
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
Council Agenda 05-07-2024 12.B-5
HOA – Policy does not apply
Does not have sidewalk, nor streets with 50% sidewalk
Has sidewalk
Attachment 1
Council Agenda 05-07-2024 12.B-6
HOA – Policy does not apply
Does not have sidewalk, nor streets with 50% sidewalk
Has sidewalk
Blufftop sidewalk on oceanside of street
Attachment 1
Council Agenda 05-07-2024 12.B-7
HOA – Policy does not apply
Does not have sidewalk, nor streets
with 50% sidewalk
Has sidewalk
Sidewalk on one side of street
Missing some sidewalk
Attachment 1
Council Agenda 05-07-2024 12.B-8
HOA – Policy does not apply
Has sidewalk
Attachment 1
Council Agenda 05-07-2024 12.B-9