PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: May 21, 2024
TITLE:
Residential Sidewalk Policy
RECOMMENDATION:
Adopt a Resolution establishing a Residential Sidewalk Development Policy.
DISCUSSION:
On November 1, 2022, the City Council gave direction via minute order pertaining to the circumstances in which residential sidewalks were required to be developed by property owners. On February 16, 2024, the Council revisited the subject, provided preliminary parameters for a new policy, and directed staff to conduct additional analysis and return with an agenda item allowing the Council to further refine its policy direction.
On May 7, 2024, staff gave a presentation on the City’s residential sidewalk policy, along with a review of the direction given by the City Council at the February 16, 2024 Meeting. The full staff report from the May 7, 2024 City Council meeting can be found in the Access Pismo1 public records portal or by scanning the QR Code to the right.
The scope of the discussion, and the proposed policy provided for the City Council’s consideration as part of this agenda item, only pertains to residential sidewalks, and does not include curb, gutter and drainage improvements. The City Council’s direction with respect to residential sidewalks is as follows:
Residential sidewalks will be required for projects consisting of:
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.
Projects must install sidewalk in the above cases only if, on a per-block basis, the street frontage on one side of the street has 50% or more existing sidewalk, in which case continued development of sidewalk along the same side of that block will be required.
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 along blufftop streets or where not feasible, e.g. along streets where there 1 Full URL
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=529117&dbid=0&repo=Laserfiche
9.D-1Council Agenda 5-21-2024
is not enough right-of-way. Existing sub-standard sidewalks will not be required to be brought up to current standards.
In accordance with the Council’s direction, this policy will apply retroactively to projects that have received planning entitlements, but have not yet received building permits, so that any such project conditioned to construct sidewalk shall be administratively relieved of that requirement. Any project with a building permit issued November 1, 2022 or later, which includes the construction of residential sidewalk, may submit revised drawings for plan check to eliminate the sidewalk from the scope of the project.
Finally, the Council directed staff to prepare an update to the Shell Beach Design Guidelines that reflects this revised sidewalk policy, as applicable, for the Planning Commission’s consideration. The Council also directed staff to reflect the revised sidewalk policy, as applicable, throughout the current General Plan/Local Coastal Program update.
Conclusion and Recommendation
Staff recommends Council adopt a Resolution (Attachment 1) establishing the requirements of installing residential sidewalks. This resolution will supersede the minute order issued on November 1, 2022.
FISCAL IMPACT:
There is no direct fiscal impact associated with this report.
ATTACHMENTS:
1. Resolution
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
9.D-2Council Agenda 5-21-2024
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA ESTABLISHING A RESIDENTIAL SIDEWALK DEVELOPMENT POLICY
WHEREAS, over the last several years the City Council has received information on sidewalks including responsibility for their construction and maintenance; and WHEREAS, 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; and
WHEREAS, on November 1, 2022, the City Council issued preliminary policy direction relating to the development of residential sidewalks, which direction shall be superseded by this action; and
WHEREAS, on May 7, 2024, the City Council received analysis from staff and provided further direction and clarification regarding the provisions of a new, comprehensive policy; and
WHEREAS, this policy only addresses residential sidewalks, and does not include curb, gutter and drainage improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby establishes the following policy for the development of residential sidewalks:
Circumstances Requiring the Development of Residential Sidewalks
1. The development of residential sidewalks by the property owner, constructed to City standards, shall be required along the street frontage of a parcel for development projects involving:
A. New construction, including subdivisions; or
B. Redevelopment, including tear-down and rebuilds; or
C. The cumulative remodel and/or addition of 50% or more of the floor area of a residential structure.
2. The development of residential sidewalk in the above cases shall only be required if, on a per-block basis, the street frontage on the side of the street where the project is located currently has 50% or more existing sidewalk. Exception: In the
9.D-3Council Agenda 5-21-2024
Attachment 1
case of subdivision development, the development of residential sidewalk shall always be required, and the 50%-or-more rule shall not apply.
Exceptions
1. Accessory Dwelling Units (ADUs) shall be excluded from the definition of new construction, and the floor area of an ADU shall be excluded when calculating the percentage of remodel or addition work being performed, for purposes of this policy.
2. Sidewalk development shall not be required along blufftop streets, specifically including, but not necessarily limited to, Ocean Boulevard. Whether a street is “blufftop” in nature shall be determined at the discretion of the City Engineer or designee.
3. Sidewalk development shall not be required on streets where physical constraints, such as slope, topography, or right-of-way less than 50 feet wide, prevent the practical development of sidewalk, at the discretion of the City Engineer or designee.
4. Substandard sidewalks shall not be required to be brought to current standard.
Other Provisions
1. This policy shall pertain only to the development of residential sidewalks, and shall not alter or diminish existing requirements for the private development of other residential street frontage improvements, including curb, gutter, drainage, and parking improvements.
2. Any property owner wishing to develop sidewalk where not required to do so, shall be permitted to do so.
BE IT FURTHER RESOLVED that this policy shall apply retroactively to projects that have received planning entitlements, but have not yet received building permits, so that any such project conditioned to construct sidewalk shall be administratively relieved of that requirement. Further, any project with a building permit issued November 1, 2022 or later, the scope of which includes the construction of residential sidewalk, may submit revised drawings for plan check to eliminate the sidewalk from the scope of the project.
BE IT FINALLY RESOLVED that this Resolution shall supersede the sidewalk development policy established by minute order of the City Council on November 1, 2022.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of May 2024, by the following vote:
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Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
9.D-5Council Agenda 5-21-2024
Attachment 1