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R-2024-031
RESOLUTION NO. R-2024-031
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issued preliminary policy direction relating to the development of residential sidewalks, which direction shall be superseded by this action; and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 DocuSign Envelope ID: BAF5D5A2-D0AD-4CA3-9834-621D381EF6E6
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R-2024-031
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 Inman, seconded by Mayor Pro Tem Reiss, 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:
DocuSign Envelope ID: BAF5D5A2-D0AD-4CA3-9834-621D381EF6E6
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R-2024-031
AYES: 3 Inman, Reiss, Waage
NOES: 0
ABSENT: 2 Guthrie, Newton
ABSTAIN: 0
RECUSED: 0
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
DocuSign Envelope ID: BAF5D5A2-D0AD-4CA3-9834-621D381EF6E6 5/23/2024