AGENDA
Pismo Beach City Council
Central Coast Blue Regional Recycled Water Authority
Board of Directors
Tuesday, September 2, 2025
Time Meeting Type Physical Location Virtual Viewing Option 5:00 p.m. Closed Session City Hall None
5:30 p.m. Regular Joint Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.
0. MEETING INSTRUCTIONS:
These meetings are being conducted in a hybrid format with both in-person and virtual options. Ways to watch these meetings and submit public comment are provided below.
Watch and participate in person:
• Regular Meeting: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. • To make Regular Meeting public comment, please submit an optional blue “speaker slip” to staff; the Mayor/Chair will ask you to approach the lectern to speak during the public comment period on your item of interest. • To make Closed Session public comment, please be present in the Council Chamber when the Closed Session is publicly convened; the Mayor will call for public comment prior to commencing the closed proceedings.
Watch via Zoom:
• Regular Meeting only: Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 .
This URL may also be typed into a web browser.
Listen via telephone:
• Regular Meeting only: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.
Watch online:
• Regular Meeting only: Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.
Watch on Channel 20:
• Regular Meeting only: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.
Submit written comment prior to, or during, the meeting:
• Regular Meeting and Closed Session: In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails and other written comment submitted after the start of the meeting may not be fully considered prior to any action taken on the item.
Submit voicemail comment:
• Regular Meeting and Closed Session: Call 805-773-7005 and leave a voicemail before the meeting. Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.
Please note:
• In the event a Council Member/Board Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting. • Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded, except closed sessions; these recordings are public record. • Phone numbers of call-in attendees may be visible to other meeting attendees, or in meeting recordings. • Phone numbers of voicemail commenters may be visible in the public record along with transcripts.
Please contact City Clerk/Authority Clerk Erica Inderlied at [email protected] with questions.
Council Agenda 9-2-2025
Pismo Beach City Council Agenda September 2, 2025
Special Closed Session—5:00 p.m.
City Hall, 760 Mattie Road, Pismo Beach, CA 93449
CALL TO ORDER: Mayor Waage
1.ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
2.ANNOUNCEMENT OF CLOSED SESSION ITEM(S) – Council Chamber Item 2.A: Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code §54956.9: One potential case
3.PUBLIC COMMENT PERIOD – Council Chamber
At this time, members of the public may comment on any item appearing on the agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
•Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
4.CLOSED SESSION – Closed Meeting Room
The City Council will convene in Closed Session to discuss the items listed under Item 2 above. In accordance with the Brown Act, public access is not permitted for this portion of the meeting.
5.CLOSED SESSION REPORT – Council Chamber
If a regular meeting immediately follows this Closed Session, the Closed Session Report will be made during the regular meeting.
6.ADJOURNMENT
Meeting Time Date Location
Regular Joint Meeting 5:30 p.m. Tuesday, September 2, 2025 Council Chamber, City Hall Council Agenda 9-2-2025
Pismo Beach City Council Agenda September 2, 2025
Regular Joint Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 CALL TO ORDER: Mayor/Chair Waage
1. ROLL CALL:
Pismo Beach City Council:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
Central Coast Blue Regional Recycled Water Authority Board of Directors:
Chair: Waage (City of Pismo Beach)
Vice-Chair: Reiss (Pismo Beach Public Financing Agency)
2. PLEDGE OF ALLEGIANCE
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
None.
5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council/Board consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council/Board of Directors at this time. However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council/Board become public record unless otherwise exempt from disclosure.
6. CITY MANAGER’S REPORT - No action to be taken
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken
8. COUNCIL COMMITTEE REPORTS
1. Air Pollution Control District, SLO County (Newton/Reiss)
2. California Joint Powers Insurance Authority (Reiss/Inman)
3. Central Coast Blue Regional Recycled Water Authority (Waage/Guthrie)
4. Chapman Estate Foundation (Liaison) (Reiss)
5. Coastal Cities Group, League of CA Cities (Waage)
6. Conference and Visitors Bureau / LBID Board (Liaison) (Inman)
7. Friends of Price House Liaison (Waage)
8. Hazard Mitigation & Fire Safety (Inman/Waage)
9. Homeless Services Oversight Council (Guthrie/Reiss)
10. Integrated Waste Management Authority (Newton/Inman)
11. Mobile Home Rent Stabilization Subcommittee (Inman/Waage)
12. Regional Transit Authority, SLO (Waage/Reiss)
13. Shell Beach Improvement Group Liaison (Inman/Reiss)
14. SLOCOG (Waage/Reiss)
15. South County Chambers Gov’t Affairs (Guthrie/Inman)
16. Visit SLO CAL Advisory Committee (Inman)
17. Water Resources Advisory Committee, SLO (Guthrie/Inman)
18. Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)
Council Agenda 9-2-2025
Pismo Beach City Council Agenda September 2, 2025
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council/Board of Directors unless otherwise requested by an individual Council Member/Board Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar. Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the May 13, 2025 Special Meeting;
2. Adopt Minutes of the August 19, 2025 Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for August 8, 2025 and August 15, 2025;
2. Approve the Register of Demands for August 10, 2025.
Item 9.C: Adoption (Second Reading) of an Ordinance Amending Pismo Beach Municipal Code Chapter 5.11 – Massage Establishments (Inderlied)
Recommendation:
Adopt an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.
Item 9.D: Appointment of City Attorney and Authority Attorney; Agreements with Jones Mayer for City Attorney Services, Authority Attorney Services, and Other Legal Services (Garcia)
Recommendation:
Pismo Beach City Council:
1. Appoint Dean J. Pucci to the position of Pismo Beach City Attorney;
2. Adopt a Resolution authorizing the City Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for City Attorney Services and other Legal Services.
Central Coast Blue Regional Recycled Water Authority Board of Directors:
3. Appoint Dean J. Pucci to the position of Central Coast Blue Regional Recycled Water Authority Attorney;
4. Adopt a Resolution authorizing the General Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for Authority Attorney Services and Other Legal Services.
10. ITEMS PULLED FROM CONSENT CALENDAR
Council Agenda 9-2-2025
Pismo Beach City Council Agenda September 2, 2025
11. PUBLIC HEARINGS - No earlier than 6:00 p.m.
GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):
1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;
2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);
3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);
4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);
5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);
6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);
7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.
Item 11.A: Appeal of Planning Commission Approval of a Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map 3240 to Develop the Gateway Project: a Mixed-Use Condominium Project and Categorical Exemption (P24-000074); Location:
1481 Price, 1331 Price, 1370 Price (APNs 005-062-003, 005-062-004, 005-064- 002, 005-064-003, 005-064-012); the Project is Located in the Coastal Zone and is Not Appealable to The Coastal Commission (Graham)
Recommendation:
Adopt a Resolution denying two appeals and upholding the June 10, 2025 Planning Commission approval of Project P24-000074 for a Coastal Development Permit (CDP), Conditional Use Permit (CUP), Architectural Review Permit (ARP), & Vesting Tentative Tract Map (VTTM) 3240 and adoption of Categorical Exemption 2025-013 to develop the Gateway project: a new three- story commercial/residential mixed-use condominium development of approximately 5,700 square feet of commercial and 53,400 square feet of residential and proposed as a Density Bonus project under the provisions of SB 330. Project location site is five underlying parcels of 1.2 acres located at 1481 Price, 1331 Price, and 1370 Price and includes demolition of existing residential and commercial structures onsite, new public right-of-way improvements, creation of a public “Gateway” plaza at the corner of Price and Dolliver Streets, and the conversion of Bay Street to one-way. The project is within the Coastal Zone and is not appealable to the Coastal Commission.
12. BUSINESS ITEMS - May be reordered and heard prior to Public Hearings
Item 12.A: Pismo Clam Regulations Discussion (James)
Recommendation:
Provide direction to staff regarding future actions that relate to regulations affecting Pismo Clam harvesting.
13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, September 16, 2025 Council Chamber, City Hall Council Agenda 9-2-2025
Pismo Beach City Council Agenda September 2, 2025
Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach and Authority Clerk for the Central Coast Blue Regional Recycled Water Authority, declare under penalty of perjury that the foregoing agenda for the September 2, 2025 meeting(s) of the Pismo Beach City Council and Central Coast Blue Regional Recycled Water Authority Board of Directors was posted on August 28, 2025, at Pismo Beach City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s and Authority’s website.
Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).
Council Agenda 9-2-2025
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: September 2, 2025
TITLE:
Adoption of Meeting Minutes
RECOMMENDATION:
1.Adopt Minutes of the May 13, 2025 Special Meeting;
2.Adopt Minutes of the August 19, 2025 Regular Meeting.
DISCUSSION:
Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the preparation or adoption of meeting minutes.
ATTACHMENTS:
1.Draft Minutes of the May 13, 2025 Special Meeting
2.Draft Minutes of the August 19, 2025 Regular Meeting
Submitted by:
Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 9-2-2025 9.A-1
Packet Page 1
DRAFT MINUTES
Pismo Beach City Council
Tuesday, May 13, 2025
Special Meeting—1:00 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a special session with Mayor Pro Tem Reiss presiding.
CALL TO ORDER: 1:00 p.m.
1.ROLL CALL:
Present: Absent:
Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Nadia Feeser, Administrative Services Director
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Scot Graham, Community Development Director
Erica Inderlied, City Clerk
Mike James, Assistant City Manager
Gordon Jackson, Tourism and Events Director
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2.PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3.AGENDA ITEMS
Item 3.A: Presentation: Fiscal Year 2026 Outside Requests for City Donations (Feeser)
Recommendation:
No packet materials; no action to be taken.
Council Agenda 9-2-2025 9.A-2
Attachment 1
Packet Page 2
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Call for public comment:
Jeanette Vierra commented.
Dana Cummings commented.
Kayla Wilburn commented.
Jack Lahey commented.
Action: No action.
Item 3.B: Direction Regarding Proposed Budgets for Fiscal Years 2026 and 2027: July 1, 2025 Through June 30, 2027 (Feeser)
Recommendation:
Provide direction regarding the proposed budget, including proposed work plan budget requests for the budgets for Fiscal Years 2026 and 2027, effective July 1, 2025 through June 30, 2027 for the City of Pismo Beach.
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.
Call for public comment:
Janna Nichols commented.
Council Member Guthrie left the meeting.
Action: Consensus to direct staff to return with the proposed budget for approval as outlined in staff’s report, including proposed work plan budget requests for the budgets for Fiscal Years 2026 and 2027, effective July 1, 2025 through June 30, 2027 for the City of Pismo Beach.
In support: 3 Inman, Newton, Reiss
In opposition: 0
Absent: 2 Guthrie, Waage
Abstain: 0
Recused: 0
Council Member Guthrie returned to the meeting.
Council Agenda 9-2-2025 9.A-3
Attachment 1
Packet Page 3
Item 3.C: Fiscal Year 2026 Outside Requests for City Donations (Feeser) Recommendation:
Adopt a Resolution approving and appropriating contributions to outside agencies for Fiscal Year 2026.
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.
Call for public comment:
Gary Petersen commented.
Dana Cummings commented.
Janna Nichols commented.
Action: Adopt a Resolution approving and appropriating contributions to outside agencies for Fiscal Year 2026, with the following funding amounts:
Agency Amount Fund
Association of Amputee Surfers 15,000 General Fund
CAPSLO Home Repair Program 4,200 Housing In-Lieu
CAPSLO 40 Prado Center 2,500 General Fund
CAPSLO Health and Prevention 5,000 General Fund
Five Cities Meals on Wheels 13,000 General Fund
NOOR Foundation 16,000 General Fund
Pismo Beach Chamber of Commerce 5,000 General Fund
Shower the People of SLO 5,000 General Fund
SLO County Housing Trust Fund 5,000 Housing In-Lieu
Surfing for Hope Foundation 5,000 General Fund
Motion: Inman
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 4 Inman, Guthrie, Newton, Reiss
Noes: 0
Absent: 1 Waage
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2025-025 adopted.
Council Agenda 9-2-2025 9.A-4
Attachment 1
Packet Page 4
4.CITY COUNCIL COMMENTS AND REQUESTS
No action.
5.ADJOURNMENT
At 2:35 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-2-2025 9.A-5
Attachment 1
Packet Page 5
DRAFT MINUTES
Pismo Beach City Council
Tuesday, August 19, 2025
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.
CALL TO ORDER: 5:30 p.m.
1.ROLL CALL:
Present: Absent:
Mayor Ed Waage Council Member Stacy Inman
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Scott Newton
Staff Present:
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Vaness Garris, Finance Manager
Scot Graham, Community Development Director
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Dean Pucci, Interim City Attorney
Jeff Smith, Chief of Police
2.PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.
3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
Council Agenda 9-2-2025 9.A-6
Attachment 2
Packet Page 6
4. PRESENTATIONS
Item 4.A: Presentation: Central Cost Community Energy Annual Report (3CE)
Presented by Spencer Brandt, 3CE.
5. PUBLIC COMMENT PERIOD
Call for public comment:
Lillian Jewell commented.
6. CITY MANAGER’S REPORT
City Manager Garcia commented on various topics.
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
Interim City Attorney Pucci had nothing to report.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Newton:
San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.
Mayor Waage:
San Luis Obispo County Community Fire Safe Council.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote (Items 9.A through 9.F):
Ayes: 4 Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 1 Inman
Abstain: 0
Recused: 0
Council Agenda 9-2-2025 9.A-7
Attachment 2
Packet Page 7
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the August 5, 2025 Closed and Regular Meeting.
2. Adopt Minutes of the August 8, 2025 Closed Session.
Item 9.B: Payroll Register and Register of Demands (Garris)
Recommendation:
1. Approve the Summary of Payroll Register for July 27, 2025;
2. Approve the Register of Demands for July 18, 2025, July 25, 2025 and August 1, 2025.
Item 9.C: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
1. Review the need for continuing currently active local emergency proclamations;
2. Provide direction to staff if desired.
Item 9.D: Agreement with Applied Technology Group for Radio and Computer Control and Display Systems for the Public Safety Facility (Garris)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Applied Technology Group, Inc. to provide an RGB Spectrum system, Avtec radio consoles, and Kenwood backend radio equipment for the Public Safety Facility in the amount of $661,025.99 in Fiscal Year 2026.
Legislative Record: Resolution R-2025-058 adopted.
Item 9.E: Contract with San Luis Obispo County for Animal Care and Control Services for Fiscal Years 2026 through 2030 (Smith)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a five- year contract with the County of San Luis Obispo for the provision of animal care and control services for the period from July 1, 2025, to June 30, 2030.
Legislative Record: Resolution R-2025-059 adopted.
Council Agenda 9-2-2025 9.A-8
Attachment 2
Packet Page 8
Item 9.F: Authorization for Change Orders #1 and #2 with Souza Engineering Contracting, Inc. dba Souza Construction and Notice of Completion for the Oak Park Medical Plaza Parking Lot Repair Project (Gaglione)
Recommendation:
1.Adopt a Resolution authorizing the City Manager to execute Change Order #1 in the amount of $50,356.41 and Change Order #2 in the amount of ($25,435.30) for a total net increase of $24,921.11 with Souza Engineering Contracting, Inc. dba Souza Construction for the Oak Park Medical Plaza Parking Lot Repair Project;
2.Accept the Oak Park Medical Plaza Parking Lot Repair Project as complete;
3.Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.
Legislative Record: Resolution R-2025-060 adopted.
10.ITEMS PULLED FROM CONSENT
None.
11.PUBLIC HEARINGS
None.
12.BUSINESS ITEMS
Item 12.A: Declaration of City-Owned Property as Surplus Land and Implementation of Procedures Under the State of California Surplus Land Act and the Coastal Act; Making a Finding of Exemption under the California Environmental Quality Act (Graham)
Recommendation:
Adopt a Resolution declaring that real properties owned by the City located at APNs 010-302-030 and 010-302-031 are exempt surplus land and not necessary for the City’s use pursuant to Government Code Section 54221, authorizing the City Manager to comply with the procedures under the surplus land act, and finding that such declaration and authorization is exempt from environmental review under the California Environmental Quality Act.
Presenting staff:
Jorge Garcia, City Manager
Scot Graham, Community Development Director
Council Agenda 9-2-2025 9.A-9
Attachment 2
Packet Page 9
Call for public comment:
Lillian Jewell commented.
Action: Adopt a Resolution declaring that real properties owned by the City located at APNs 010-302-030 and 010-302-031 are exempt surplus land and not necessary for the City’s use pursuant to Government Code Section 54221, authorizing the City Manager to comply with the procedures under the surplus land act, and finding that such declaration and authorization is exempt from environmental review under the California Environmental Quality Act.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 4 Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 1 Inman
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2025-061 adopted.
Item 12.B: Pier Airstream Trailer Concession Discussion (Graham)
Recommendation:
Provide direction to staff regarding the use of an airstream trailer for concessions on the Pier.
Presenting staff:
Jorge Garcia, City Manager
Scot Graham, Community Development Director
Call for public comment: No comment.
Action: Consensus to direct staff as follows:
1. At the end of the current term of the License Agreement between the City and Rib Line by Brian, LLC for Pier airstream trailer concessions, do not exercise the remaining agreement extension option(s), and instead terminate the agreement.
2. Cancel the current request for proposals (RFP) and vendor selection process.
Council Agenda 9-2-2025 9.A-10
Attachment 2
Packet Page 10
3. Reflect the zoning and general plan designations for the first diamond of the Pier as Open Space (OS) both in current exhibits and in the forthcoming updated Zoning Ordinance and General Plan documents.
4. Following the end of the existing vendor license agreement, remove the airstream concessions trailer from the Pier, perform the necessary repairs to the Pier, and explore the feasibility of auctioning the trailer as surplus.
Motion: Guthrie
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 3 Guthrie, Reiss, Newton
Noes: 1 Waage
Absent: 1 Inman
Abstain: 0
Recused: 0
Item 12.C: Introduction (First Reading) of an Ordinance Amending Pismo Beach Municipal Code Chapter 5.11 – Massage Establishments (Smith)
Recommendation:
Introduce an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.
Presenting staff:
Jorge Garcia, City Manager
Jeff Smith, Chief of Police
Call for public comment: No comment.
Action: Introduce an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 4 Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 1 Inman
Abstain: 0
Recused: 0
Legislative Record: Ordinance O-2025-XXX introduced.
Council Agenda 9-2-2025 9.A-11
Attachment 2
Packet Page 11
13.CITY COUNCIL COMMENTS AND REQUESTS
Consensus to direct staff to return with an agenda item allowing the City Council to appoint Dean Pucci to serve in the capacity of City Attorney.
The Council thanked Police and Fire personnel including Michelle Pearson for their work fighting the Gifford Fire.
14.ADJOURNMENT
At 6:27 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-2-2025 9.A-12
Attachment 2
Packet Page 12
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: September 2, 2025
TITLE:
Payroll Register and Register of Demands
RECOMMENDATION:
1. Approve the Summary of Payroll Register for August 8, 2025 and August 15, 2025;
2. Approve the Register of Demands for August 10, 2025.
DISCUSSION:
Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.
FISCAL IMPACT:
As demonstrated in the attached payroll and check registers.
ATTACHMENTS:
1.Payroll Summary
2. Registers of Demands
Submitted by:
Vanessa Garris, Finance Manager,
for Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:
Council Agenda 9-2-2025 9.B-1
Packet Page 13
FOR PERIOD ENDING 08/10/25
CHECKS DATED 08/15/25
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 577217-577220 4
ACH 149
EARNINGS
REGULAR 448,933.36
HOLIDAY 5,588.41
OVERTIME (Includes Comp Time Payouts)40,012.10
Administration
Building
Conference & Visitors Bureau
Police Department 30,332.28
Parking
Engineering
Fire 4,527.93
Recreation
Public Works 261.55
Water 1,631.45
Wastewater 3,258.89
Motor Vehicles
Subtotal-Overtime 40,012.10$
SALARY ADJUSTMENTS -
TRAINING / UNIFORM ALLOWANCE -
OTHER EARNINGS 12,637.37
$507,171.24
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 51,232.03
FICA & MEDICARE 38,561.68
STATE INCOME TAX 20,611.65
STATE DISABILITY INSURANCE 5,981.85
GARNISHMENTS 2,308.32
HEALTH 909.19
SUPPLEMENTAL DISABILITY 1,129.76
SECTION 125 3,114.16
PERS 41,124.97
DEFERRED COMPENSATION 13,592.45
ADDITIONAL LIFE INSURANCE 349.75
UNION DUES 2,460.00
PISMO ATHLETIC CLUB 660.31
OTHER
NET PAYROLL $325,135.12
DIRECT DEPOSIT DEDUCTION 319,133.64
NET PAYROLL AFTER ACH DEPOSIT 6,001.48
SUMMARY PAYROLL REGISTER
Council Agenda 9-2-2025 9.B-2
Attachment 1
Packet Page 14
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 19,921.15$ Professional Legal Services - June 2025 134487 13591 Ryan Bullock 122.00 M&IE: AWWA Water Education Seminar 8/12-8/13/25 134488 14749 Michael James 417.00 M&IE: American Public Works Association Conference 8/16-8/20/25 134489 14749 Michael James 325.60 M&IE/Mileage: JPIA Board of Directors Meeting 7/23-7/24/25 134491 12680 Brandon Shea 122.00 M&IE: AWWA Water Education Seminar 8/12-8/13/25 134492 14078 5-Cities Community Service Foundation 25.00 Membership Dues: July 2025 134493 12275 Airgas West Inc 122.70 Oxygen - Fire
134494 10630 Laurel J Allen 648.00 Instructor: Adult Beach Volleyball 7/23-8/13/25 #11695 134495 10800 Whitney Almaguer 2,174.26 Instructor: Creative Kids Camp 7/28-8/1/25 #11723 134496 14440 Paul Amarillas 822.42 Uniforms
134497 14123 Amazon Business 399.80 Maintenance Supplies 134498 13296 Michael James Arriola 1,000.00 Band - Neighborhood Event 8/1/25 134499 14643 Arroyo Grande Auto Body Inc.2,197.67 Vehicle Maintenance 134500 12625 AT&T 9391083592 1,545.49 Internet - 07/01/2025 - 07/31/2025 134501 14865 AT&T Mobility 287341782965 259.44 SCADA Hotspot - 05/01/2025 - 05/31/2025 134502 12438 Avila Bay Athletic Club & Spa 934.50 Instructor: Avila Bay Club Camp 7/21-7/25/25 #11730 Instructor: Avila Bay Club Camp 7/28-8/1/25 #11731
Instructor: Avila Bay Club Camp 8/4-8/8/25 #11732
134503 14369 Badawi & Associates 19,085.85 Professional Financial Auditing Services FY25/26 134504 15084 Bean Family Boarding LLC 60.30 K9 Boarding 134505 14119 Boone Printing & Graphics, Inc.145.23 Printing Services 134506 12346 Broyhill Manufacturing Company 970.26 Equipment Maintenance 134507 14907 California Online Public Schools 250.00 Deposit Refund - DCP Event 6/6/25 134508 14349 Callander Associates Landscape Architecture, Inc 14,975.22 Ventana Sports Courts - June 2025 134509 10085 Cannon Corp 14,550.50 James Way Beautification - June 2025 Paving Project CM - June 2025
134510 12506 CCGC, Inc Attn: AR 21,504.30 Public Safety Facility Special Inspections - June 2025 Oak Park Medical Plaza Parking Lot - April 2025
134511 14889 Central Coast Security 231.00 Security Services - PBVH Rental 8/2/25 134512 11451 Channel Islands Technology Integrators' Group 44,728.88 Microsoft O365- Phone- MDM & Storage Licenses - Jun 2025 Monthly Infrastructure Mgmt & Help Desk - Jul 2025
Monthly Backup Subscriptions - June 2025
Quarterly Phishing Tests FY25/26
IT Professional Services: Onsite & Remote Support
134513 14415 CLAD Consulting, Inc.9,906.25 On Call Engineering Services - June 2025 134514 11552 Agritec International Ltd CleanTech Environmental 1,099.45 MVR Shop - Parts Washer Rental Service MVR Shop - Disposal: Aerosol/Gas/Diesel Waste
134515 14917 CoastHills Credit Union 250.00 Deposit Refund: DCP Event 7/19/25 134516 14146 Pamela Ann Coslick 176.00 Instructor: Tae Kwon Do 7/2-7/30/25 #11755 134517 14313 Culligan/Santa Maria 526.95 Drinking Water June 2025 Car Wash Filtration/Service 6/23/25 & Soft Water Tank
134518 11794 Dimes Media Corporation 500.98 Advertising 134519 14053 Geoff Doss 558.08 Equipment Maintenance
134520 14638 F&H Construction 2,027,613.99 Public Safety Facility Payment #21 - June 2025 134521 15122 Jacob Goebel 3,000.00 Release Encroachment Permit - 227 Castaic 134522 10398 Liliana Graham 456.00 Instructor: Ballroom/Latin Dance Class 7/7-7/28/25 #11752 134523 11977 Dan Hall 648.00 Instructor: Yoga with Dan 7/7-7/28/25 #11754 134524 13018 Jennifer Haydon 1,152.00 Instructor: Park Explorer Camp 7/28-8/1/25 #11742 134525 10377 Hdl, Coren & Cone 795.00 ACFR Statistical Package 2024-25 134527 12255 Iron Mountain Information Mgmt, Inc 286.79 Shredding Services 134528 12096 Lee Wilson Electric Co Inc 2,702.00 Electrical Work 134529 10175 Life-Assist, Inc.309.28 Medical Supplies
134530 14674 McGrath Rentcorp 4,289.34 3 Temporary Trailers 330 Main St. - Lease 6/28/2025 - 7/27/2025 134531 14042 Merjan Enterprises, Inc.1,221.65 Annex Access Control & Pier Camera Repairs 134532 14739 Mike's Coffee and Tea Co.60.00 Coffee
134533 10097 Miners Hardware 413.12 Maintenance Supplies 134534 13973 Moffatt & Nichol 59,854.00 Pier and Bridge Inspections - June 2025 134535 14353 Motorola Solutions, Inc.3,049.92 LPR Service Renewals - Parking 8/1/25 - 7/31/26 134536 10753 Nick's Telecom 105.00 Radio Maintenance
134537 14343 ODP Business Solutions, LLC 448.43 Office Supplies 134538 15068 Wade Pajares 360.00 Instructor: Human Design 5/13-6/10/25 #11692 134539 10697 John Parker 275.00 Design Services
134540 11202 Pavement Engineering, Inc.3,690.00 Price Canyon Rd - June 2025 City of Pismo Beach
Final Disbursement List Check Date 08/08/2025
US BANK
Council Agenda 9-2-2025 9.B-3
Attachment 2
Packet Page 15
ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 08/08/2025
US BANK
134541 14102 Peak WiFi LLC 269.90 Internet - July 2025
134542 14915 James Perez 500.00 Deposit Refund: PBVH Event 6/28/25 134543 14550 Phillco 136.19 Soft Water - Station 63 July & August 2025 134544 12613 Quinn Company 812.26 Vehicle Maintenance
134545 13800 R.A. Batchelor Co.1,700.00 Annual Crane/Bucket Truck Inspections: PK994- ST051- WW122 134546 14755 Terri Recchia Bledsoe 150.00 Professional Services 134547 14613 Dennis Richardson 680.00 Instructor: Tennis with Dennis 7/5-7/26/25 #11815 Instructor: Youth Tennis 7/8-7/29/25 #11739
134548 13201 Rincon Consultants, Inc.6,141.25 CEQA/NEPA for Central Coast Blue Project - June 2025 Charles Reservoir NEPA - June 2025
134549 11266 San Luis Auto Parts Inc 716.50 Equipment & Vehicle Maintenance 134550 12108 Santa Maria Tire, Inc.281.63 Vehicle Maintenance 134551 13994 SBRK Finance Holdings, Inc.1,436.90 CivicPay IVR Transaction Fees July 2025 Enterprise Connection - Cirrus SSO Subscription
134552 14853 Robert Silvani 1,628.00 Instructor: Shell Beach Surf Camp 7/29-7/31/25 #11706 Instructor: Shell Beach Surf Camp 8/5-8/7/25 #11707
134553 10093 SLO County Auditor-Controller 15,237.50 Phoenix Parking Surcharges - May 2025 134554 10093 SLO County Auditor-Controller 17,100.00 Phoenix Parking Surcharges - June 2025 134555 12570 SLO Roasted Coffee 50.28 Coffee
134556 15043 Smith Mechanical-Electrical-Plumbing 28,000.00 Pier Plaza and Parking Lot Electrical Work 134557 14800 SPICE Integration Corp 8,086.17 SCADA Repair & Maintenance 134558 14933 Stommel Inc.24,711.54 Outfitting of PD247
134559 14639 TimeClock Plus, LLC 510.84 ScheduleAnywhere License (No API): 06/19/25 - 12/18/25 134560 12827 Toste Grading and Paving 14,930.00 Asphalt Repair 134561 12900 Underground Service Alert of Northern CA & NV 1,509.35 CA State Fee: Membership and Billable Tickets 134562 12622 USA Bluebook Acct: 82507 409.58 Maintenance Supplies 134563 UB*01203 SHELLY & REED VAN ROZEBOOM (T)219.03 Refund Check 016755-000, 880 PRICE 134564 14115 Vanir Construction Mgmt, Inc.87,652.50 Public Safety Facility CM - June 2025 134565 15004 W.M. Lyles 52,250.00 Clarifiers Equipment Replacement - June 2025 134566 12288 West Covina Nurseries 90.09 Parks Maintenance Total:2,536,495.31$
Council Agenda 9-2-2025 9.B-4
Attachment 2
Packet Page 16
City of Pismo Beach
Final Disbursement List Check Date 08/15/2025
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 128,295.20$ Federal Income Tax PD 08/15/25 ACH 11208 SEIU Local 620 AFL/CIO 940.00 SEIU Dues PD 08/15/25 ACH 11305 Public Employees Retirement System 86,071.03 PERS Retirement EE & ER PD 08/15/25 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 30,845.27 ICMA 457 Deferred Comp ER & EE PD 08/15/25 ACH 12305 Franchise Tax Board 26,549.25 State Income Tax & SDI PD 08/15/25 ACH 12360 CalPERS 457 Plan 333.33 PERS 457 Deferred Comp ER PD 08/15/25 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth I 625.00 ICMA Roth IRA PD 08/15/25 134567 10434 Abalone Coast Analytical Inc 1,152.00 Water Analysis 134568 14760 AHA Shoes, Inc 300.00 Safety Boots FY26
134569 11195 Air Pollution Control District-SLO County 550.16 Renewal Fee - Heights Booster Station 881 Merced Permit #1900-1 134570 10122 Alltech Services Inc 65,371.64 Replacement Generator - Freeway Foothills Lift Station 134571 10800 Whitney Almaguer 1,904.00 Instructor: Creative Kids Theater Camp 8/4-8/8/25 #11724 134572 12433 Alpha Electrical Service Inc 1,110.00 Electrical Repairs 134573 14832 AT&T Mobility 287339470580 241.44 Internet - Jul 2025 134574 11589 Austin's Wet Pets and Pond Maintenance, Inc 150.00 Chapman Pond Maintenance - July 2025 134575 15124 David Ball 2,100.00 Reg: P.O.S.T. Motorcycle Course 10/12-10/24/25 134576 10888 Bound Tree Medical LLC 1,443.02 Safety Equipment 134577 14038 Bureau Veritas North America, Inc.195.00 Plan Review - June 2025 134578 14414 California State Disbursement Unit 415.38 Tax Withholding Order - PD 08/15/25 134579 14771 California State Disbursement Unit 16.15 Tax Withholding Order - PD 08/15/25 134580 14995 California State Disbursement Unit 444.03 Tax Withholding Order - PD 08/15/25 134581 14855 California's Best Janitorial 360.00 Janitorial Services - PBVH Events 134582 14349 Callander Associates Landscape Architecture, Inc 6,648.96 Ventana Sports Courts - May 2025 134583 11451 Channel Islands Technology Integrators' Group 1,159.97 IT Professional Services 134584 14247 Coastal Tree Experts, Inc.200.00 Tree & Shrub Maintenance 134585 11227 Cole Chrysler Dodge 329.67 Vehicle Maintenance 134586 12156 County Of San Luis Obispo 3,780.20 Backflow Prevention Program 134587 14890 Cowboy Cookie & Ice Cream 150.00 Neighborhood Event Cookies 8/1/25 134588 14202 Crisp Imaging 118.86 Printing Services
134589 12628 Dell Marketing LP 4,523.39 Computer Workstation & Supplies 134590 13086 Dependable Fire Protection 3,522.04 Fire Extinguisher Service 134591 11222 Drive Customs 10,152.38 PD245 & PD248 Labor & Upfitting 134592 13697 Dudek 1,398.75 GP/LCP Update
134593 14473 DXP Enterprises, Inc.1,515.79 Process Equipment Repair 134594 11469 Eikhof Design Group Inc 240.00 Development Review - May 2025 134595 14537 F.S.O.C. LLC 758.94 Safety Equipment
134596 13586 Famcon Pipe & Supply Inc.2,795.81 Distribution Maintenance & Maintenance Supplies 134597 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order - PD 08/15/25 134598 10265 Grover Tool-Rental 539.00 Equipment Rental 134599 10806 Hach Company 364.80 Reservoir Maintenance
134600 14043 Health & Human Resource Center, Inc.159.80 Employee Assistance Program - September 2025 134601 14660 Interwest Consulting Group 21,315.00 Plan Inspection - Public Safety Facility - June 2025 134602 14959 JD Humann Landscaping Inc.3,900.00 James Way Tree Establishment 134603 14769 JNE Concrete Inc 8,240.00 Asphalt Repair - Indio Drive 134604 15127 Richard Henry Kay 984.81 Refund Claimed Property/Evidence 134605 11833 Keylock Security Specialists 40.00 Facilities Maintenance 134606 15021 Wendy Lawton 1,150.00 Tax Withholding Order - PD 08/15/25 134607 10175 Life-Assist, Inc.253.35 Medical Supplies
134608 13361 Marborg Industries Santa Barbara 9,760.00 ADA Portable Restrooms - Fourth of July 134609 14042 Merjan Enterprises, Inc.160.00 Service Call 134610 10097 Miners Hardware 2,986.45 Maintenance Supplies 134611 14405 Mission Linen Supply 5,361.05 Uniforms/Floor Mats/Towels - Jul 2025 134612 13493 Heidi Jane Moller 50.00 Instructor: FREE Pickleball Clinic 8/9/25 134613 11172 Mullahey Ford 4,907.53 Vehicle Maintenance 134614 14878 Nevada State Treasurer 2.00 Tax Withholding Order Fee - PD 08/15/25 134615 10039 New Times 351.00 Legal Advertisement
134616 15096 Samuel Oakley 400.00 Arborist Report
134617 14343 ODP Business Solutions, LLC 90.91 Office Supplies 134618 12315 Pacific Gas & Electric Company 7,655.04 Electricity - July 2025 134619 14102 Peak WiFi LLC 689.60 Internet - Aug 2025
134620 13197 Pioneer Americas, LLC 10728 11,443.10 Sodium Hypochlorite 134621 10633 Pismo Beach Athletic Club Inc 1,180.00 PBAC Dues collected for Aug 2025 134622 12022 Pismo Beach Police Officer's Association 1,520.00 POA Dues PD 08/15/25 134623 14740 Premier Supply, LLC 666.65 Parks Maintenance Council Agenda 9-2-2025 9.B-5
Attachment 2
Packet Page 17
City of Pismo Beach
Final Disbursement List Check Date 08/15/2025
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
134624 12335 Procare Janitorial Supply Inc 3,812.70 Janitorial Supplies 134625 13255 Rib Line 320.82 Catering: Neighborhood Event 8/22/25 (balance due) 134626 15128 Rachel Rondou 40.00 Refund Claimed Property/Evidence 134627 11266 San Luis Auto Parts Inc 319.90 Vehicle Maintenance 134628 12126 San Luis Distance Club 3,623.47 Contract Services - Stride with the Tide 7/26/25 134629 14338 Robert Santa Cruz 800.00 Neighborhood Event Band 8/22/25 134630 12108 Santa Maria Tire, Inc.3,233.77 Vehicle Maintenance 134631 14921 SBTactical 2,000.00 Employee Development/Training 134632 14877 SCaDU 230.76 Tax Withholding Order - PD 08/15/25 134633 12386 Scelzi Enterprises Inc 1,391.95 Vehicle Maintenance 134634 14754 Schwind Electric 4,450.00 Electrical Repair - Baseball Field & Beachcomber 134635 12680 Brandon Shea 122.00 M&IE: JPIA Supervisor Essential Program 8/20-8/21/25 134636 13913 Silvas Oil Co., Inc 8,078.48 Diesel & Unleaded Fuel Delivery 8/6/25 134637 12925 Smith's Alarms & Electronics 159.64 Price House Alarm Maintenance 134638 12290 State Of California- EDD 8,836.00 Unemployment Insurance Qtr 2-2025 134639 12630 SWCA Environmental Consultants 645.50 Public Safety Facility Cultural Monitoring - May 2025 134640 13530 TCA Tools Inc 570.24 Maintenance Supplies
134641 14821 Traffic Management Products Inc 709.61 Signage 134642 13392 Urban Planning Concepts 16,155.00 GP/LCP & General Planning Services - June 2025 134643 12622 USA Bluebook Acct: 82507 2,507.25 Water Maintenance & WWTP Lab Supplies 134644 10507 V & V Manufacturing 215.35 Officer Badges
134645 13951 Carlos Valentin Gonzalez 541.80 Portable Restrooms -Tennis Courts 06/21/25 - 07/19/25 134646 13741 Julia Valentine 1,776.00 Instructor: Sea Exploration Camp 8/4-8/8/25 #11698 134647 12299 Valley Instrument Service Inc 924.95 Collections System Maintenance 134648 15126 Versaterm Public Safety US, Inc.2,568.00 IAPro NextGen & Blue Team NextGen Annual Fees 2/1/25-1/31/26 134649 12288 West Covina Nurseries 725.66 Parks Maintenance 134650 12132 White Flag Pest Control Inc 745.00 Pest Control 134651 14020 Daniel Barrett Wrage 2,000.00 Instructor: Beach Volleyball Camp 8/4-8/7/25 #11720 Total:538,430.60$
Council Agenda 9-2-2025 9.B-6
Attachment 2
Packet Page 18
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: September 2, 2025
TITLE:
Adoption (Second Reading) of an Ordinance Amending Pismo Beach Municipal Code Chapter 5.11 – Massage Establishments
RECOMMENDATION:
Adopt an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.
DISCUSSION:
On August 19, 2025, the City Council introduced an ordinance will amend PBMC Chapter
5.11, Article 1 to allow for the permitting of massage schools, reduce the existing proximity limitation between establishments, and make other administrative updates. The subject ordinance (Attachment 1) was introduced without modification, and it is now being returned for adoption.
The staff report for the August 19, 2025 agenda item, which includes background and analysis, is provided as Attachment 2.
Conclusion and Recommendation
Staff recommends that the City Council adopt an ordinance (Attachment 1) that will amend PBMC Chapter 5.11, Article 1 to allow for the permitting of massage schools, reduce the existing proximity limitation between establishments, and make other administrative updates. If the Council acts to adopt the ordinance as recommended, it will become effective by statute 30 days thereafter.
FISCAL IMPACT:
No significant fiscal impact is anticipated from staff’s recommended action. Application and renewal fees for massage establishments and massage schools are set by City Council resolution and are designed to recover costs of background checks, inspections, and permit processing.
ATTACHMENTS:
1. Ordinance as introduced
2. August 19, 2025 staff report (without ordinance attachment) Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 9-2-2025 9.C-1
Packet Page 19
ORDINANCE NO. O-2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 5.11 ARTICLE 1: MASSAGE
ESTABLISHMENTS, OF THE PISMO BEACH MUNICIPAL CODE, RELATING TO
SCHOOLS OF MASSAGE AND OTHER ADMINISTRATIVE PROVISIONS
WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Chapter 5.11, Article 1 of the Pismo Beach Municipal Code regulates the personal services businesses of massage establishments by imposing certain performance standards, including limiting hours of operation and imposing professional certification requirements, to help minimize actual and potential negative impacts from such businesses, such as human trafficking; and
WHEREAS, it is the intent of the City Council in enacting this ordinance to maintain high standards of professional qualification for massage practitioners in the city while providing some flexibility in how those standards are met, including provisions for massage therapy instruction as part of CAMTC-approved schools of massage; and WHEREAS, the Council desires to make other amendments to the existing regulations in order to facilitate ease of compliance by legitimate massage practitioners in the city.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Chapter 5.11, Article 1, of the Pismo Beach Municipal Code is hereby revised to read in its entirety as follows:
Article I. Massage Establishments
5.11.020 Purpose and intent—massage establishments.
A.In enacting this article regarding massage establishments, the city council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The city council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage establishments may be Attachment 1
Council Agenda 9-2-2025 9.C-2
Packet Page 20
associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this article to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy and education services, discouraging prostitution, human trafficking, and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage establishments.
B. Furthermore, it is the council's purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions Code Section 4600 et seq. by Senate Bill 731, amended in 2011 by Assembly Bill 619, amended in 2014 by Assembly Bill 1147, amended in 2016 by Assembly Bill 2194 which also amended Government Code Section 51034, and amended by Assembly Bill 1504, or substantially similar qualifications, and to restrict the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council or who have substantially similar qualifications or are actively pursuing such certification or substantially similar qualifications and are properly supervised, and to provide for the registration and regulation of massage establishments for health and safety purposes to the extent allowed by law.
5.11.030 Definitions.
For the purposes of this article, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this article:
A. "Business" includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of persons for the purpose of producing a livelihood or profit, and connotes the efforts of persons by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this article shall include, without limitation, the advertising and soliciting of massages. The term "business" includes, but is not limited to, a massage practitioner who is the sole owner, operator, and employee of a massage establishment operating as a sole proprietorship, as well as a massage establishment which employs massage practitioners and therapists.
B. "California Massage Therapy Council" or "CAMTC" means the massage therapy organization formed pursuant to Business and Professions Code Section 4600.5.
Attachment 1
Council Agenda 9-2-2025 9.C-3
Packet Page 21
C."Certified massage practitioner" means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to California Business and Professions Code Section 4600 et seq.
D."Client" means the customer or patron who pays for or receives massage services.
E."Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
F."Employee" means any person employed by a massage establishment who may render any service to the business, and who receives any form of compensation from the business.
G."Established massage practitioner" means any person who is over eighteen years of age and who holds an established massage practitioner permit issued pursuant to Section 5.11.050 of this code and who is not a certified massage practitioner.
H."Health officer" means the person appointed by the County of San Luis Obispo Health Department pursuant to the California Health and Safety Code or their authorized representatives or designees.
I."Massage" or "massage therapy" means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances.
J."Massage establishment" means any establishment that offers massage therapy in exchange for compensation, including both fixed places of business and outcall services. This includes massage clinics, massage parlors, spas offering massage services, and massage schools providing services to the public for compensation, whether as part of their educational program or otherwise.
K."Massage establishment permit" means the certification issued by the police chief, or their authorized representative(s) or designee(s), and required by this article in order to operate a massage establishment in Pismo Beach.
L.“Massage instruction” means instruction in massage therapy techniques, theory, or practice for compensation, whether or not such instruction includes hands-on training or supervision.
Attachment 1
Council Agenda 9-2-2025 9.C-4
Packet Page 22
M. "Massage practitioner" means a certified massage practitioner, an established massage practitioner, or a probationary massage practitioner.
N. "Operator" or "massage establishment operator'' means any and all owners of a massage establishment and/or massage school.
O. "Outcall massage" means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth on the massage establishment permit.
P. "Owner" means any of the following persons:
1. Any person who is a general partner of a general or limited partnership that owns a massage establishment.
2. Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage establishment.
3. Any person who is a member of a limited liability company that owns a massage establishment.
4. Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage establishment.
Q. "Person" means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.
R. "Police chief' means the police chief of the city of Pismo Beach and their authorized representative(s) or designee(s).
S. "Probationary massage practitioner" means any person who is over eighteen years of age and who holds a probationary massage practitioner permit issued pursuant to Section 5.11.060 and who is not a certified massage practitioner. Probationary massage practitioners may be either employees or students.
T. "Reception and waiting area" means an area immediately inside the front door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
U. "School of massage" or “massage school” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Section 4600 et seq., as currently drafted or as may Attachment 1
Council Agenda 9-2-2025 9.C-5
Packet Page 23
be amended and is recognized and in good standing with the California Massage Therapy Council.
V. "Sole proprietorship" means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.
W. "Solicit" means to request, ask, demand, or otherwise arrange for the provision of services.
X. “Student” means any individual receiving instruction in massage therapy who is not an employee of a massage establishment.
5.11.040 CAMTC certification and city permit required.
A. Individuals. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any individual to practice massage therapy within the city of Pismo Beach unless that individual is (i) a certified massage practitioner by the California Massage Therapy Council, (ii) an established massage practitioner or (iii) a probationary massage practitioner. Certified massage practitioners and established massage practitioners who are providing massage therapy or instruction services as an independent contractor must obtain a valid city of Pismo Beach business license. Probationary massage practitioners must practice massage and/or massage therapy under the supervision of a certified massage practitioner or an established massage practitioner at a business with a valid massage establishment permit.
B. Businesses. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any business to provide massage therapy within the city of Pismo Beach unless all individuals employed by the massage establishment to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners, established massage practitioners, or probationary massage practitioners (provided such probationary massage practitioners are provided adequate supervision) and said business has obtained a valid massage establishment permit issued by the police chief as provided in this article and a valid city of Pismo Beach business license.
C. Massage Schools. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any person or business to operate a massage school within the city of Pismo Beach without a valid massage establishment permit. No person shall provide massage instruction except through a licensed school of massage that holds a valid massage establishment permit issued under this article.
Attachment 1
Council Agenda 9-2-2025 9.C-6
Packet Page 24
5.11.050 Established massage practitioner permit.
A. Application. The application for an established massage practitioner permit shall include all of the following:
1. Legal name of the applicant seeking to practice massage.
2. Address and telephone number of the applicant.
3. Name, address, and telephone number of the massage
establishment the applicant owns or at which the applicant is employed or independently contracted.
4. An application for a background check, including the following: Live scan fingerprints; all arrest, felony or misdemeanor convictions, pleas of guilty, pleas of nolo contendere, or expungements; the individual's business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment, massage school, or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.
5. A diploma, certificate, or similar documentation from a licensed massage or massage therapy school demonstrating successful completion of curricula in massage and related subjects that incorporates appropriate school assessment of student knowledge and skill.
6. Documentation demonstrating sufficient level of training and/or experience as follows:
a. Completion of a minimum of five hundred (500) hours of massage therapy instruction, at least one hundred (100) hours of which addressed anatomy, physiology,
contraindications, health and hygiene, and business ethics, and passage of a massage and bodywork competency
assessment examination that meets generally recognized
psychometric principles.
b. In lieu of or in addition to training and experience required under Section 5.11.050(A)(6)(a) of this code, the applicant may instead provide documentation that the applicant has been practicing massage therapy in good standing since
before 2016, as evidenced by a valid business license,
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massage therapy license, or similar license, permit, or approval that has not been suspended or revoked at any point during the relevant time period.
7. A valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
8. A signed statement that all of the information contained in the application is true and correct; and acknowledging that failure to comply with any applicable local, state, or federal law, or the provisions of this article may result in revocation of the established massage practitioner permit.
B. Issuance. Upon provision by the applicant of the foregoing documentation, the police chief may issue the applicant an established massage practitioner permit, which shall be valid for two (2) years from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Established massage practitioner permits may not be issued if the applicant:
1. Is currently serving a suspension or revocation pursuant to Section
5.11.140 of this code;
2. Has received a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code, or there is a currently pending appeal of such a suspension, revocation, or fine;
3. Has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid;
4. Is a certified massage practitioner or a probationary massage practitioner.
C. Amendment. An established massage practitioner shall notify the police chief within thirty (30) days after any change in the established massage practitioner permit information, including, but not limited to any changes in address and/or telephone number, place of employment, or qualifications.
D. Renewal. An established massage practitioner shall apply to the police chief to renew its established massage practitioner permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of an established massage practitioner permit and all required information are not timely received and the permit expires, no right or privilege to provide massage therapy or instruction shall exist.
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E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each established massage practitioner permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of an established massage practitioner permit. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for established massage practitioners.
F. Transfer. An established massage practitioner permit is not transferable.
G. Denial. In the event of a denial for an established massage practitioner permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.
5.11.060 Probationary massage practitioner permit.
A. Application. The application for a probationary massage practitioner permit shall include all of the following:
1. Legal name of the applicant seeking to practice massage.
2. Address and telephone number of the applicant.
3. Name, address, and telephone number of the massage
establishment at which the applicant is or will be studying, employed, or independently contracted.
4. Name and address of a certified massage practitioner or an established massage practitioner sponsoring the applicant who works at the same massage establishment as the applicant.
5. An application for a background check, including the following: Live scan fingerprints; all arrest, felony, or misdemeanor convictions, pleas of guilty, pleas of nolo contendere, or expungements; the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.
6. Proof of current enrollment in school of massage (i.e. a CAMTC- approved school or a licensed massage or massage therapy school).
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7. Documentation of successful completion of a minimum of one hundred (100) hours of curricula in massage and related subjects.
8. A valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
9. A signed statement that all of the information contained in the application is true and correct; certifying that the applicant is actively pursuing certification with the CAMTC, and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any other applicable local, state, or federal law, or the provisions of this article may result in revocation of the probationary massage practitioner permit.
B. Issuance. Upon provision by the applicant of the foregoing documentation, the police chief may issue the applicant a probationary massage practitioner permit, which shall be valid for one (1) year from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Probationary massage practitioner permits may not be issued if the applicant:
1. Is currently serving a suspension or revocation pursuant to Section
5.11.140 of this code;
2. Has received a notice of suspension, revocation or fine issued pursuant to Section 5.11.140 of this code, or there is a currently pending appeal of such a suspension, revocation, or fine;
3. Has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid;
4. Is a certified massage practitioner or an established massage practitioner.
C. Amendment. A probationary massage practitioner shall notify the police chief within thirty (30) days after any change in the probationary massage practitioner permit information, including, but not limited to any changes in address and/or telephone number, place of employment or study, qualifications, or successful certification by the CAMTC, or successful completion of curricula at a licensed massage or massage therapy school and sufficient level of training and/or experience such that the probationary massage practitioner is eligible for an established massage practitioner permit.
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D. Renewal. A probationary massage practitioner shall apply to the police chief to renew its probationary massage practitioner permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of a probationary massage practitioner permit and all required information are not timely received and the permit expires, no right or privilege to provide massage shall exist.
E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each probationary massage practitioner permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of a probationary massage practitioner permit. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for probationary massage practitioners.
F. Transfer. A probationary massage practitioner permit is not transferable.
G. Denial. In the event of a denial for a probationary massage practitioner permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.
5.11.070 Massage establishment permit.
A. Application. The application for a massage establishment permit shall include all of the following:
1. Legal name of the massage establishment.
2. Address and telephone number of the proposed massage establishment location.
3. Legal names of all owners of the massage establishment.
4. A list of all of the massage establishment's employees, students, and independent contractors who will be performing massage therapy and, for each employee, student, or independent contractor, either (i) a current copy of the CAMTC certification, (ii) the documentation required under Section 5.11.050 of this code for established massage practitioners or an established massage practitioner permit, or (iii) the documentation required under Section 5.11.060 of this code for probationary massage practitioners or a probationary massage practitioner permit.
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5. Residential address and telephone number of all owners of the massage establishment.
6. Business address and telephone number of all owners of the massage establishment.
7. The form of business under which the massage establishment will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).
8. Each owner or operator of the massage establishment who is not a certified massage practitioner, established massage practitioner, or probationary massage practitioner shall submit an application for a background check, including the following: Live scan fingerprints; all arrest, felony, or misdemeanor convictions, pleas of guilty, pleas of nolo contendere or expungements; the individual's business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment, massage school, or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.
9. For all owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
10. For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees, students, or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any local, state, or federal law, or the provisions of this article may result in revocation of the business's massage establishment permit.
B. Issuance. Upon provision by the massage establishment of the foregoing documentation, the police chief may issue the massage establishment a massage establishment permit, which shall be valid for two (2) years from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Massage establishment permits may not be issued to a massage establishment seeking to operate at a particular location if:
1. Another massage establishment is or was operating at that particular location and that massage establishment is currently serving a Attachment 1
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suspension or revocation pursuant to Section 5.11.140 of this code, during the pendency of the suspension or one (1) year following revocation;
2. Another massage establishment is or was operating at that particular location and that massage establishment has received a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code, during the ten (10) day period following receipt of the notice or while any appeal of a suspension, revocation, or fine is pending;
3. Another massage establishment is or was operating at that particular location and that massage establishment has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid.
C. Amendment. A massage establishment shall notify the police chief within thirty (30) days after any change in the massage establishment permit information, including, but not limited to, the hiring or termination of certified massage practitioners, established massage practitioners, or probationary massage practitioners, or any changes in the owner(s)' addresses and/or telephone numbers.
D. Renewal. A massage establishment shall apply to the police chief to renew its massage establishment permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of a massage establishment permit and all required information are not timely received and the certificate expires, no right or privilege to provide massage therapy or instruction shall exist.
E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each massage establishment permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of a massage establishment permit unless there is a change of address for the business location, at which time a new massage establishment permit application will be required along with a new facility inspection by both the police and fire departments. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage establishment who are subject to such background checks pursuant to this article.
F. Transfer. A massage establishment permit is not transferable to a new owner or ownership group. A new application for a massage establishment permit shall be submitted to the city by the new owner(s). A massage Attachment 1
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establishment permit may not be transferred to a new owner during any period of suspension or one (1) year following revocation pursuant to Section 5.11.140 of this code, during the ten (10) day period following a massage establishment's receipt of a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code or while any appeal of a suspension, revocation, or fine is pending. Further, a massage establishment permit application shall not be approved until all outstanding fines issued pursuant to Section 5.11.140 of this code have been paid.
G. Denial. In the event of a denial for a massage establishment permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.
5.11.080 Operating requirements.
At any time later than six (6) months after the effective date of this article, no person shall engage in, conduct, carry on, or permit any massage therapy and/or instruction within the city of Pismo Beach unless all of the following requirements are met:
A. All massage practitioners must register, in person, with the Pismo Beach Police Department and certified massage practitioners must present a valid CAMTC certificate. Application for and issuance of an established massage practitioner permit or a probationary massage practitioner permit shall satisfy this in-person registration requirement.
B. Massage therapy and/or instruction shall be provided or given only between the hours of 6:00 a.m. and 9:00 p.m. No massage establishment shall be open and no massage therapy and/or instruction shall be provided between 9:00 p.m. and 6:00 a.m. A massage therapy or instruction session commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage establishment, all clients shall exit the premises at that time. It is the obligation of the massage establishment to inform clients of the requirement that services must cease at 9:00 p.m.
C. A copy of the CAMTC certificate of each and every certified massage practitioner employed in the massage establishment shall be displayed in the reception area or similar open public place on the premises. A copy of the established massage practitioner permit or probationary massage practitioner permit of each and every established and probationary massage practitioner shall be present on site and available for immediate inspection during business hours. CAMTC certificates, established massage practitioner permits, or probationary practitioner permits of former employees and/or contractors shall be removed as soon as those massage Attachment 1
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practitioners are no longer employed by or offering services through the massage establishment.
D. For each massage therapy service provided, including massage therapy sessions provided for purposes of instruction, every massage establishment shall keep a complete and legible written record of the following information: The date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by police officers, or other city officials charged with enforcement of this article. These records may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years and be immediately available for inspection during business hours.
E. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
F. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the health officer.
Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the health officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair and maintained in a clean and sanitary condition.
G. Instruments utilized in performing massage therapy and/or instruction shall not be used on more than one (1) client unless they have been sterilized, using approved sterilization methods under the California Safe Body Art Act, Health & Safety Code Section 119300 et seq.
H. All massage establishment operators and their employees and/or students, including massage practitioners, shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, Attachment 1
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outer garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie, or swimsuits.
I. No tobacco products or cannabis products shall be stored, sold, served, consumed, or furnished on the premises of any massage establishment. No person shall enter, be, or remain in any part of a massage establishment while consuming or using any tobacco or cannabis product. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.
J. No massage establishment shall place, publish or distribute, or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services as described in compliance with the provisions of this article.
K. No massage therapy or instruction shall be given unless the client's genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the genitals of any other person regardless whether the contact is over or under the person's clothing.
L. Where the establishment has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage establishment shall remain unlocked during business hours when the establishment is open for business or when clients are present.
M. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
For the purpose of this subsection, there is a presumption that the visibility is impermissibly blocked if more than ten percent (10%) of the interior reception and waiting area is not visible from the exterior window.
N. All signs shall be in conformance with the current ordinances of the city of Pismo Beach or as otherwise outlined in any applicable planning entitlement(s) or building permit(s) for the massage establishment.
O. Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be provided and in operation in each room or enclosure where massage therapy and/or instruction services are being performed, and in all areas where clients are present.
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P. Ventilation shall be provided in accordance with applicable building codes and regulations.
Q. Hot and cold running water shall be provided at all times.
R. Adequate dressing, locker, and toilet facilities shall be provided for clients.
S. A minimum of one (1) wash basin with hot and cold running water for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.
T. Pads used on massage tables shall be covered with durable, washable plastic or other waterproof material. One-time use disposable pads are permitted as long as they are only used for one (1) client and then disposed of.
U. All massage establishments shall comply with all state and federal laws and regulations for disabled clients.
V. A massage practitioner shall operate only under the name specified in their CAMTC certificate, established massage practitioner permit, or probationary massage practitioner permit. A massage establishment shall operate only under the name specified in its massage establishment permit and city business license.
W. No massage establishment permit shall be issued for the operation of a massage establishment in a residence and no person shall be allowed to reside within the massage establishment or in attached structures owned, leased, or controlled by the massage establishment.
X. No massage establishment shall be open for business or provide massage therapy or instruction services between the hours of 11:00 p.m. and 5:00 a.m. No patron shall be permitted to enter or remain on the premises outside of the permitted operating hours.
Y. No new primary massage establishment shall be established or operated within five hundred (500) feet from any like establishment. Five hundred feet shall be the minimum linear distance between the closest points along the boundaries of the parcel upon which the existing personal services business is located and the parcel upon which the additional personal services business is proposed, respectively, as determined by the community development director or designee. "Primary" for purposes of this subsection means occupying more than twenty-five percent (25%) of the floor area of the establishment. Notwithstanding the foregoing, a school of massage may Attachment 1
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operate as a stand-alone facility or as part of a massage establishment and shall not be subject to the distance requirement set forth in this section.
5.11.090 Outcall massage.
Outcall massage may only be performed under the following criteria:
A. Residences: Massage may be given at private residences owned or rented by the client. The massage practitioner must be either an employee, independent contractor, or sole proprietor of a currently permitted massage establishment in the city of Pismo Beach. Non-employee students receiving instruction in massage therapy shall not perform outcall massage services.
B. Special Events: At a city of Pismo Beach-approved special event by a certified massage practitioner who is either an employee, student, independent contractor, or sole proprietor of a currently permitted massage establishment in Pismo Beach or an individual operating only at the special event and who is in possession of and has on display a valid city of Pismo Beach business license.
5.11.100 Inspection by officials.
The investigating and enforcing officials of the city of Pismo Beach and the county of San Luis Obispo, including but not limited to law enforcement, code enforcement, fire officials, health officer, and the community development director, or their respective authorized representative(s) or designee(s), shall have the right to enter the massage establishment premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this article. The Pismo Beach police department, community development department, and fire department may charge a nonrefundable fee for any safety inspections. Such fee shall be established by resolution of the city council.
5.11.110 Notifications.
A. A massage establishment shall notify the police chief of any changes described in Section 5.11.070 of this code pursuant to the timelines specified therein.
B. A registrant shall report to the police chief any of the following within ninety- six (96) hours of the occurrence:
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1. Arrests of any employees or owners of the registrant's massage establishment for an offense other than a misdemeanor traffic offense;
2. Resignations, terminations, or transfers of massage practitioners employed by, or studying at, the registrant's massage establishment;
3. Any event involving the registrant's massage establishment or the massage practitioners employed or studying therein that constitutes a violation of this article or state or federal law.
C. This section requires reporting to the police chief even if the massage establishment believes that the police chief has or will receive the information from another source.
5.11.120 Exemptions.
A. The provisions of this article shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties and providing massage therapy or instruction under their scope of practice:
1. Physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
2. Acupuncturists who are duly licensed under the laws of the State of California while engaging in the practice of acupuncture pursuant to California law.
3. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands, or feet of the clients.
4. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
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5. Accredited high schools, junior colleges, colleges, or universities whose coaches and trainers are acting within the scope of their employment.
6. Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.
7. Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic or recreational event, such as road races, track meets, triathlons, and other similar events, provided that all of the following conditions are satisfied:
a. The massage services are made equally available to all participants in the event;
b. The event is open to participation by the general public or a significant segment of the public such as employees of
sponsoring or participating corporations;
c. The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;
d. The sponsors of the event have been advised of and have approved the provisions of massage services;
e. The persons providing the massage services are not the primary sponsors of the event.
5.11.130 Unlawful business practices may be enjoined; remedies cumulative.
Any massage establishment operated, conducted, or maintained contrary to the provisions of this article shall constitute an unlawful business practice pursuant to California Business & Professions Code Section 17200 et seq., and the city attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this article, commence an action or actions, proceeding or proceedings in the Superior Court of San Luis Obispo County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to abatement, removal of enjoinment thereof, fines, attorneys' fees, and costs. All remedies provided for in this article are cumulative.
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5.11.140 Suspension and revocation of permits.
A. Reasons.
1. Massage establishment permits may be suspended or revoked by the police chief upon finding any of the following grounds:
a. A massage practitioner employed or contracted by, or studying at, the massage establishment and providing
massage services is no longer in possession of current and valid CAMTC certification, established massage practitioner permit, or probationary massage practitioner permit. This subsection shall apply to a sole proprietor or a person employed or used by a massage establishment to provide
massage therapy and/or instruction.
b. An owner or sole proprietor:
i. Is required to register under the provisions of California Penal Code Section 290;
ii. Is arrested or convicted of a violation of any of the following sections of the California Penal Code: 266i,
315, 316, 318, 647(b), 653.22, 653.23;
iii. Has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city,
county, territory, or state;
iv. Is subject to an injunction for nuisance pursuant to California Penal Code sections 11225–11235;
v. Is convicted of a felony offense involving a controlled substance;
vi. Is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or
vii. Is convicted in any other state of an offense which, if committed in this state, would have been punishable
as one or more referenced offenses in this subsection.
c. The city determines that a material misrepresentation was included on the application for a massage establishment permit or a Pismo Beach business license or renewal of either.
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d. Violations of any of the following occurred on the premises of a massage establishment or were committed by a massage
practitioner: California Business and Professions Code
Section 4600 et seq.; any local, state, or federal law; or the provisions of this article.
2. Established massage practitioner permits or probationary massage practitioner permits may be suspended or revoked by the police chief upon finding the massage practitioner:
a. Is required to register under the provisions of California Penal Code Section 290;
b. Is arrested or convicted of a violation of any of the following sections of the California Penal Code: 266i, 315, 316, 318, 647(b), 653.22, 653.23;
c. Has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state;
d. Is subject to an injunction for nuisance pursuant to California Penal Code sections 11225–11235;
e. Is convicted of a felony offense involving a controlled substance;
f. Is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude;
g. Is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subsection;
h. Materially misrepresented information on the application for an established massage practitioner permit or a probationary massage practitioner permit or renewal of either; or
i. Committed violations of any of the following: California Business and Professions Code Section 4600 et seq.; any local, state, or federal law; or the provisions of this article.
B. Procedures. Written notice of the suspension or revocation with the legal violation and supporting facts shall be served on the sole proprietor or owners or established massage practitioner or probationary massage practitioner, as applicable, by certified mail. The notice shall contain an Attachment 1
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advisement of the right to request an appeal hearing pursuant to Chapter
1.24 of this Code.
C. Time period of suspension of permit. The police chief may suspend a permit for a period of time between five (5) days and the end of the permit term, at the police chief’s discretion.
D. Effective date of suspension or revocation. A suspension or revocation will become effective if no timely appeal is filed. In the event the police chief has denied the issuance or renewal of a permit, or has revoked an existing permit, the applicant or owner may elect to file an appeal of that decision to the hearing administrator. Such appeal must be made, and hearing proceedings shall be conducted to the greatest extent possible, in accordance with the provisions of Chapter 1.24 of this Code.
E. Reapplication. No reapplication for a massage establishment permit, established massage practitioner permit, or probationary massage practitioner permit will be accepted within one (1) year after such permit is suspended or revoked.
5.11.150 Public nuisance.
It shall be unlawful and a public nuisance for a massage establishment to be operated, conducted, or maintained contrary to the provisions of this article. The city may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a Attachment 1
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particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 19th day of August, 2025, on motion of Council Member Newton, seconded by Council Member Guthrie, and on the following roll call vote, to wit:
AYES: 4 Newton, Guthrie, Reiss, Waage
NOES: 0
ABSENT: 1 Inman
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Attachment 1
Council Agenda 9-2-2025 9.C-24
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. O-2025-XXX, titled AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 5.11 ARTICLE 1: MASSAGE ESTABLISHMENTS, OF THE PISMO BEACH
MUNICIPAL CODE, RELATING TO SCHOOLS OF MASSAGE AND OTHER ADMINISTRATIVE PROVISIONS, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this ____th day of ______________, 2025. Witness my hand and official seal. ____________________________
Erica Inderlied, City Clerk
Attachment 1
Council Agenda 9-2-2025 9.C-25
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item 12.C
Meeting Date: August 19, 2025
TITLE:
Introduction (First Reading) of an Ordinance Amending Pismo Beach Municipal Code Chapter 5.11 – Massage Establishments
RECOMMENDATION:
Introduce an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.
DISCUSSION:
On April 1, 2025, the City Council directed staff to prepare amendments to the City’s massage establishment ordinance to address operational and permitting requirements for massage schools and to reduce or eliminate the existing 1,000-foot separation requirement between massage establishments.
Chapter 5.11 of the Pismo Beach Municipal Code (PBMC) was originally enacted to regulate the operation of massage establishments, establish health and safety requirements, and provide a framework for enforcement to prevent illicit activity. The ordinance relied on distance requirements between establishments to prevent over- concentration.
Over time, the California Massage Therapy Council (CAMTC) has strengthened professional standards and licensing requirements for practitioners and establishments.
In addition, the City recognizes the need to address educational institutions offering massage therapy instruction to ensure these facilities are appropriately regulated while supporting professional training opportunities.
The proposed ordinance (Attachment 1) expands definitions to include “school of massage” or “massage school” as CAMTC-approved institutions and require massage schools to obtain a massage establishment/school permit issued by the Police Department, similar to massage establishments. The amendments establish permitting, background check, and operational requirements specific to massage schools, including those offering instruction as a stand-alone facility or as part of an existing massage establishment, and require students providing massage services to the public to do so under appropriate supervision.
The amendments also reduce the existing 1,000-foot separation requirement between massage establishments to 500 feet. The reduced separation standard of 500 feet applies only to primary massage establishments, which occupy more than 25 percent of the floor area, with an explicit exemption for massage schools. This change is intended to allow greater flexibility for businesses and training facilities, reflecting current market and regulatory conditions. Because this proximity limitation is also reflected in the Zoning Council Agenda 8-19-2025 12.C-1
Attachment 2
Council Agenda 9-2-2025 9.C-26
August 19, 2025 Introduction Staff Report
Packet Page 44
Code, the City Council’s direction to reduce it in Chapter 5.11 will also need to be accounted for in the forthcoming Zoning Ordinance update.
Finally, the proposed ordinance makes other streamlining and housekeeping revisions, including adjusting the language regarding the permitting appeals process to more closely match the administrative appeals process established by PBMC Chapter 1.24.
Alternatives
The City Council may introduce the ordinance as proposed, modify the ordinance and introduce it as amended, or take no action, in which case the existing ordinance would remain in effect.
Recommendation
Staff recommends that the City Council introduce an ordinance (Attachment 1) that will amend PBMC Chapter 5.11, Article 1 to allow for the permitting of massage schools, reduce the existing proximity limitation between establishments, and make other administrative updates. If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
No significant fiscal impact is anticipated from staff’s recommended action. Application and renewal fees for massage establishments and massage schools are set by City Council resolution and are designed to recover costs of background checks, inspections, and permit processing.
ATTACHMENTS:
1. Draft Ordinance
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:
Council Agenda 8-19-2025 12.C-2
Attachment 2
Council Agenda 9-2-2025 9.C-27
August 19, 2025 Introduction Staff Report
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PISMO BEACH CITY COUNCIL &
CENTRAL COAST BLUE REGIONAL
RECYCLED WATER AUTHORITY
BOARD OF DIRECTORS STAFF REPORT
Agenda Item #9.D
Meeting Date: September 2, 2025
TITLE:
Appointment of City Attorney and Authority Attorney; Agreements with Jones Mayer for City Attorney Services, Authority Attorney Services, and Other Legal Services
RECOMMENDATION:
Pismo Beach City Council:
1. Appoint Dean J. Pucci to the position of Pismo Beach City Attorney;
2.Adopt a Resolution authorizing the City Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for City Attorney Services and other Legal Services.
Central Coast Blue Regional Recycled Water Authority Board of Directors:
3. Appoint Dean J. Pucci to the position of Central Coast Blue Regional Recycled Water Authority Attorney;
4.Adopt a Resolution authorizing the General Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for Authority Attorney Services and Other Legal Services.
DISCUSSION:
On May 15, 2025, the City received notice that its Legal Services Agreement with Richards, Watson & Gershon (RWG) would terminate on June 30, 2025. Services provided by RWG included contract City Attorney and Assistant City Attorney services, as well as Authority Attorney services for the Central Coast Blue Regional Recycled Water Authority (CCBRRWA), and the CCBRRWA agreement was terminated concurrent with the City agreement. Staff published a request for proposals (RFP) for Interim City Attorney Services on May 27, 2025. Six responsive proposals were received, and on June 16, 2025, the City Council interviewed the top-ranked firms, ultimately selecting the firm of Jones Mayer.
On June 17, 2025, an agreement was executed within the City Manager’s purchasing authority for the two-week period of June 17, 2025, through June 30, 2025. On July 1, 2025, the City Council adopted Resolution R-2025-049 authorizing a six-month agreement with Jones Mayer for Interim City Attorney services and other legal services through December 31, 2025. On August 19, 2025, the City Council directed staff to return with an agenda item allowing the Council to authorize Dean J. Pucci of Jones Mayer to serve as permanent City Attorney.
Council Agenda 9-2-2025 9.D-1
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The meeting of September 2, 2025, has been convened as a joint meeting to allow both the Pismo Beach City Council and the CCBRRWA Board of Directors to appoint their agencies’ respective attorneys, as well authorize the associated legal services agreements.
Alternatives
If the City Council declines to approve staff’s recommended action, the existing agreement with Jones Mayer for Interim City Attorney services and other legal services will remain in effect until December 31, 2025. If the CCBRRWA Board of Directors declines to approve staff’s recommended action, the Authority will be without legal counsel, which is not recommended.
Conclusion and Recommendation
Staff recommends that the City Council move to appoint Dean J. Pucci to the position of Pismo Beach City Attorney, and then adopt a resolution (Attachment 1) authorizing the City Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for City Attorney Services and other Legal Services.
Staff also recommends that the Central Coast Blue Regional Recycled Water Authority Board of Directors move to appoint Dean J. Pucci to the position of Central Coast Blue Regional Recycled Water Authority Attorney, and then adopt a resolution (Attachment 2) authorizing the General Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for Authority Attorney Services and Other Legal Services.
FISCAL IMPACT:
The fiscal impact of adopting the attached City Council resolution is estimated at approximately $425,000 in legal services costs for Fiscal Year (FY) 2026. The City’s FY 2026 General Fund Legal budget has sufficient budget to support this cost and will be charged based on actual services provided. It is anticipated that costs during the initial months may be slightly higher as the new firm becomes familiar with the City’s legal matters.
Legal services expenditures related to the Central Coast Blue Regional Recycled Water Authority are expected to remain less than $5,000 per fiscal year. The City’s FY 2026 budget has sufficient budget to support this cost.
Staff will continue to monitor the legal services costs and provide the City Council with updates if adjustments to the FY 2026 budget allocations become necessary.
ATTACHMENTS:
1. City Council resolution
2. CCBRRWA Board of Directors resolution
3. City LSA
4. Authority LSA
Council Agenda 9-2-2025 9.D-2
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Prepared by:
Erica Inderlied, City Clerk/Authority Clerk
Submitted by: Jorge Garcia, City Manager/General Manager City Manager / General Manager Approval:
Council Agenda 9-2-2025 9.D-3
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RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A LEGAL SERVICES AGREEMENT WITH RICHARD D. JONES, A PROFESSIONAL LAW
CORPORATION, DBA JONES MAYER, FOR CITY ATTORNEY SERVICES AND
OTHER LEGAL SERVICES
WHEREAS, on May 15, 2025, the City received notice that the City’s Legal Services Agreement with Richards, Watson & Gershon (RWG) would terminate on June 30, 2025; and
WHEREAS, services provided by RWG included contract City Attorney and Assistant City Attorney services, and as such staff published a request for proposals (RFP) for Interim City Attorney Services on May 27, 2025; and
WHEREAS, on June 16, 2025, the City Council interviewed the top-ranked firms, ultimately selecting the firm of Jones Mayer; and
WHEREAS, on June 17, 2025, an agreement was executed within the City Manager’s purchasing authority for the two-week period of June 17, 2025 through June 30, 2025; and
WHEREAS, on July 1, 2025, the City Council adopted R-2025-049 authorizing a six- month agreement with Jones Mayer for Interim City Attorney services and other legal services through December 31, 2025; and
WHEREAS, on August 19, 2025, the City Council directed staff to return with an agenda item allowing the Council to authorize Dean J. Pucci of Jones Mayer to serve as permanent City Attorney; and
WHEREAS on September 2, 2025, the City Council by motion appointed Dean J. Pucci of the firm Jones Mayer to serve as Pismo Beach City Attorney; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the City Manager is hereby authorized to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, dba Jones Mayer, for City Attorney services and other legal services, in substantially the form attached to staff’s report dated September 2, 2025.
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 2nd day of September 2025, by the following vote:
AYES:
Council Agenda 9-2-2025 9.D-4
Attachment 1
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NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Council Agenda 9-2-2025 9.D-5
Attachment 1
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RESOLUTION NO. JPA-R-2025-XXX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL COAST
BLUE REGIONAL RECYCLED WATER AUTHORITY AUTHORIZING THE GENERAL MANAGER TO EXECUTE A LEGAL SERVICES AGREEMENT WITH RICHARD D.
JONES, A PROFESSIONAL LAW CORPORATION, DBA JONES MAYER, FOR
AUTHORITY ATTORNEY SERVICES AND OTHER LEGAL SERVICES
WHEREAS, on May 15, 2025, the City of Pismo Beach received notice that the City’s Legal Services Agreement with Richards, Watson & Gershon (RWG) would terminate on June 30, 2025; and
WHEREAS, services provided by RWG included Authority Attorney services for the Central Coast Blue Regional Recycled Water Authority, and the agreement with the Authority was terminated concurrently; and
WHEREAS, on August 19, 2025, the Pismo Beach City Council directed staff to return with an agenda item allowing the Council to authorize Dean J. Pucci of Jones Mayer to serve as permanent City Attorney; and
WHEREAS on September 2, 2025, the Board of Directors by motion appointed Dean J.
Pucci of the firm Jones Mayer to serve as Authority Attorney.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Coast Blue Regional Recycled Water Authority that the General Manager is hereby authorized to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, dba Jones Mayer, for Authority Attorney services and other legal services, in substantially the form attached to staff’s report dated September 2, 2025.
UPON MOTION OF Board Member , seconded by Board Member , the foregoing resolution was adopted by the Board of Directors of the Central Coast Blue Regional Recycled Water Authority this 2nd day of September 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Chair Erica Inderlied, Secretary
Council Agenda 9-2-2025 9.D-6
Attachment 2
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LEGAL SERVICES AGREEMENT
for
CITY OF PISMO BEACH
1. IDENTIFICATION OF PARTIES. This Agreement is made between JONES MAYER, hereafter referred to as “Law Firm,” and the CITY OF PISMO BEACH, hereafter referred to as “Client.”
This Agreement is required by Business and Professions Code section 6148 and is intended to fulfill the requirements of that section.
2. LEGAL SERVICES TO BE PROVIDED. The legal services to be provided by Law Firm to Client are as follows: to serve as the designated City Attorney for the Client, and to provide the corresponding Legal Services as needed. See Attachment A for further details on the Scope of Work to be provided.
Said legal services and representation are hereby assigned to Law Firm.
3. RESPONSIBILITIES OF ATTORNEY AND CLIENT. Law Firm will perform the legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client’s inquiries and communications. Client will be truthful and cooperative with Law Firm and keep Law Firm reasonably informed of developments; as well as make timely payments required under this Agreement.
4. ATTORNEY’S FEES. Client will pay Law Firm for attorney’s fees for the legal services provided under this Agreement as described in Attachment B. Law Firm will charge in minimum units of one tenth of an hour.
Law Firm will charge for all activities undertaken in providing legal services to Client under this Agreement, including, but not limited to, the following: Travel, meetings, court appearances, correspondence and legal documents (review and preparation), legal research and telephone consultations.
Council Agenda 9-2-2025 9.D-7
Attachment 3
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Client acknowledges that Law Firm has made no promise about the total amount of attorney’s fees to be incurred by Client under this Agreement.
5. RATE GUARANTEE. Rates will be charged according to the schedule described in Attachment B through June 30, 2027. Beginning July 1, 2027 and annually thereafter, rates will automatically increase based upon the Consumer Price Index increase for the prior 12 months, as established by the Bureau of Labor Statistics of the U.S.
Department of Labor for consumers in the Los Angeles-Long Beach-Anaheim area, or another mutually agreed upon index.
6. COSTS. Client will pay all “costs” in connection with Law Firm’s representation under this Agreement. Costs will be advanced by Law Firm and then billed to Client. We do not bill fax, word processing, or small reproduction matters (under 100 pages).
Law Firm will charge the client for actual necessary costs incurred for all of the following, including but not limited to: court filing fees, attorney services (includes service of process fees, e-filing fees, arbitrators, and mediators), messenger services, Lexis-Nexis/Westlaw research, overnight/express mail service, mileage (charged at the current IRS rate), parking fees, travel expenses, including hotel, air travel and car rentals, but excluding routine travel expenses to the City, actual costs for large reproduction projects if performed by an outside service, or $0.10 per page (b/w) and $0.20 per page (color) if performed in house, and any other expense not listed above which becomes necessary to the successful resolution of a client matter.
7. REPRESENTATION OF ADVERSE INTERESTS. Client is informed that the Rules of Professional Conduct of the State Bar of California require the Client’s informed written consent before an attorney may begin or continue to represent the Client when the attorney has had a relationship with another party interested in the subject matter of the attorney’s proposed representation of the Client. Client and Law Firm are not aware of any potential conflicts and have discussed them in detail. Law Firm will consult with Client in accordance with the requirements of the Rules of Professional Conduct as to any new matters assigned to Law Firm after the entering of this Agreement regarding any potential conflicts of interest relating to such new matters.
8. DISCHARGE OF ATTORNEY. Client may discharge Law Firm, pursuant to state law, by written notice effective when received by Law Firm. Notwithstanding the
Council Agenda 9-2-2025 9.D-8
Attachment 3
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discharge, Client will be obligated to pay Law Firm for all work performed to date, within thirty (30) days of its receipt of the final statement as set forth under the terms of this Agreement. Law Firm may terminate this agreement for any reason, provided Law Firm provides Client with sixty (60) days written notice. Client will be obligated to pay for all work performed through the end of the termination period.
9. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly statements by the 15th of month for work completed the prior month, indicating attorney fees and costs incurred and their basis, any amount applied for deposits, and any current balance owed. If no attorney fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month. Any balance will be paid in full within thirty (30) days after the statement is mailed and within thirty (30) days after final statement is submitted due to discharge of Law Firm.
10. INSURANCE. Law Firm will at all times maintain the following insurance coverage:
Professional Liability/Errors & Omissions $2,000,000/$4,000,000 General Liability $2,000,000/$4,000,000
Auto Liability $1,000,000 (including hired and non-hired) Workers Compensation State Mandated Limits or higher
Prior to starting work under this agreement, Law Firm will provide certificates of coverage for the above policies.
11. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties. No other Agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
12. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
13. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent Agreement of the parties only by an instrument in writing signed by
Council Agenda 9-2-2025 9.D-9
Attachment 3
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both of them or an oral Agreement to the extent that the parties carry it out.
14. ARBITRATION OF FEE DISPUTE. If a dispute arises between Law Firm and Client regarding attorney’s fees under this Agreement and one of the parties files suit in any court other than small claims court, the non-filing party has the right to stay that suit by timely electing to arbitrate the dispute under Business and Professions Code sections 6200- 6206, in which event the party filing suit must submit the matter to such arbitration.
15. ATTORNEY’S FEES AND COSTS IN ACTION ON AGREEMENT. The prevailing party in any action or proceeding to enforce any provision of this Agreement will be awarded reasonable attorney’s fees and costs incurred in that action or proceeding or in efforts to negotiate the matter.
16. FILE RETENTION AND DESTRUCTION. At the conclusion of this matter, we will retain your legal files for a period of 10 years after we close our file. At the expiration of the 10-year period, we will destroy these files unless you notify us in writing that you wish to take possession of them. We reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files.
17. ARTIFICIAL INTELLIGENCE. Law Firm may use artificial intelligence tools in our representation of Client. If we do so, we will ensure your confidential information is maintained in confidence and that any writing or analysis produced by generative artificial intelligence is edited or confirmed by an attorney before use. If you have any questions or concerns about our use of artificial intelligence tools, please let us know.
18. EXECUTION. This Agreement may be executed in counterparts and by fax or electronic signature. In executing this Agreement, the Client warrants (i) by executing this Agreement, the Client is formally bound to the provisions of this Agreement and (ii) the entering into this Agreement does not violate any provision of any other agreement to which the Client is bound.
19. EFFECTIVE DATE OF AGREEMENT. The effective date of this Agreement will be the date when it is executed by the last of the parties to do so.
Council Agenda 9-2-2025 9.D-10
Attachment 3
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The foregoing is agreed to by:
Dated: _____________, 2025 CITY OF PISMO BEACH
___________________________________
Jorge E. Garcia, City Manager
Dated: _____________, 2025 JONES MAYER
Ryan R. Jones, Owner
Council Agenda 9-2-2025 9.D-11
Attachment 3
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Attachment A: Scope of Services
General Legal Services
1. Attend all workshops, closed, regular and special City Council meetings, all meetings of the Planning Commission, and attend other meetings when there is a request to do so. This may be accomplished with multiple attorneys.
2.Provide general legal services, routine legal assistance, advice and consultation to the City Council and City staff relating to the Meyers-Milias-Brown Act, general municipal and public law issues, potential tort liability, and risk management.
3.Except where conflict of interest rules require otherwise, supervise and coordinate the activities of all other counsel retained by the City or working behalf of the City.
4.Provide legal advice, telephone, email, and personal consultations with members of the City Council and City staff.
5.Attendance at weekly executive staff meetings, and other meetings with City staff upon request (virtual meetings acceptable) may be required.
6.Review and/or prepare legal opinions, staff reports, ordinances, resolutions, agreements, contracts, forms, notices, certificates, deeds, leases, and other documents required by the City.
7.Perform legal work pertaining to land use issues, including, but not limited to, property transactions (e.g., acquisitions, disposals), public improvements, easements, dedications, and right-of-way vacations.
8.Monitor pending and current state and federal legislation and court decisions, as appropriate, and provide written updates on those that have the potential to affect the City.
Provide suggested action or changes in operations or procedures to assure compliance.
9.Consult with the City Council and City staff as needed, render legal advice and opinions(both oral and written), and perform such other or additional general legal services as maybe requested by the City, acting by and through the City Council or the City Manager.
10.Enforce City codes, zoning regulations, and building standards through administrative and judicial actions.
Council Agenda 9-2-2025 9.D-12
Attachment 3
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11.Provide training and guidance regarding the requirements of the Meyers-Milias-Brown Act, the Ralph M. Brown Act, Conflict of Interest (including Political Reform law and AB 1234), CEQA, the Elections Code, the Public Records Act, and other legal requirements imposed by statute and common law.
12.Advise the Council on municipal government legal matters, including the Brown Act and parliamentary procedures for running meetings.
13.Perform all duties of the office of City Attorney as provided in the Pismo Beach Municipal Code.
14.Promptly return all calls and e-mails from the City Council and City staff.
Litigation Services
1.Represent the City in civil litigation brought on behalf of or against the City, as directed by the City Council.
2.Provide litigation services to the City in any and all matters assigned by the City.
3.Prosecute misdemeanor and infraction violations of the City Municipal Code.
4.Oversee work by outside legal counsel.
Other Specialized Legal Services as Requested
1.Advice regarding taxes, assessments, fees, Proposition 218 proceedings, and other financial advice.
2.Environmental Legal Services other than routine review of negative declarations, environmental impact reports, and other project-level environmental documentation.
3.Real Estate services, other than routine review of escrow documents, title reports, and contracts of sale.
4.Advice regarding insurance coverage matters, such as advice and representation regarding coverage disputes.
5.Advice regarding water law and regulations.
Council Agenda 9-2-2025 9.D-13
Attachment 3
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Attachment B: Compensation Schedule
Hourly Rates
Through June. 30, 2026 $225 per hour General Legal Services $275 per hour Special Legal Services
$275 per hour Litigation Services
$165 per hour Paralegal Services
July. 1, 2026 $250 per hour General Legal Services
$300 per hour Special Legal Services
$300 per hour Litigation Services
$190 per hour Paralegal Services
Beginning July 1, 2027, rates will increase based upon the Consumer Price Index increase for the prior year utilizing the standard as established by the Bureau of Labor Statistics of the U.S. Department of Labor for consumers in the Los Angeles area, or another mutually agreed upon index. Should the Consumer Price Index increase exceed 4 percent in any given year notice shall be provided to the City Council.
General Legal Services are those services which involve regular, recurring legal and factual issues. General Legal Services include: attendance at City Council, Planning Commission and other subordinate City agency meetings, attendance at regular staff meetings, representing the City in intergovernmental projects, providing legal counsel and advice, both written and oral, to elected and appointed officials as to City business, working with City staff on all agenda items for City meetings, negotiation, drafting, review and revision of City agendas, routine agreements, contracts, instruments, ordinances, reports, resolutions, orders, forms, notices, and other documents as requested by City, and providing legal advice concerning Council Agenda 9-2-2025 9.D-14
Attachment 3
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Brown Act, CEQA, Public Records Act, Political Reform Act and other conflict of interest compliance, supervision and coordination of legal services performed by special and outside counsel, and recurring City Council and staff in-service training as requested by the City.
Special Legal Services include those matters which present unique legal and/or factual issues.
Special Legal Services differ from general legal services in that they are of an irregular non- recurring basis. Examples include all litigation, whether civil or criminal, code enforcement, City or Utility Authority work that is of unusual complexity or requiring an extraordinary dedication of attorney time, as determined by the City Manager or City Council, such as EIR work, initiatives, negotiation and drafting of complex development agreements, complex/novel ordinances, comprehensive General Plan updates, or to the entire Zoning Code, etc. The City Attorney will not unilaterally designate any matter as a special project.
For any “special” matter, we will first obtain approval from the City Manager or City Council, and we will provide a proposed budget for said work.
Expense Reimbursement/Mileage. For all general legal services, we will not bill for travel time to and from our offices to City Hall. We generally do not bill fax, word processing, or small reproduction matters (under 100 pages). The firm will charge the City for actual necessary costs incurred for all of the following including but not limited to: court filing fees, attorney services (includes service of process fees, arbitrators, and mediators), messenger services, Lexis-Nexis research, overnight or express delivery services, mileage, parking fees, travel expenses, if applicable, including hotel, air travel and car rentals, actual costs for large reproduction projects if performed by an outside service, or $0.10 per page (b/w) and $0.20 per page (color) if performed in house, and any other expense not listed above which becomes necessary to the successful resolution of a client matter. In addition to the above, we will charge travel time for litigation and special services.
Council Agenda 9-2-2025 9.D-15
Attachment 3
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LEGAL SERVICES AGREEMENT
for
CENTRAL COAST BLUE REGIONS RECYCLED WATER AUTHORITY
1. IDENTIFICATION OF PARTIES. This Agreement is made between JONES MAYER, hereafter referred to as “Law Firm,” and CENTRAL COAST BLUE REGIONAL RECYCLED WATER AUTHORITY, hereafter referred to as “Client.” This Agreement is required by Business and Professions Code section 6148 and is intended to fulfill the requirements of that section.
2. LEGAL SERVICES TO BE PROVIDED. The legal services to be provided by Law Firm to Client are as follows: General Counsel Services. Said legal services and representation are assigned to Law Firm. General Counsel Services shall include the following:
a. Attendance at meetings of the board of directors, and any other meeting directed by the General Manager (hereafter "General Manager" shall include the General Manager's designee), unless excused therefrom by the General Manager; b.Attendance at staff meetings when directed by the General Manager; c.Legal research and legal advice to the board of directors, the General Manager and CCB staff;
d. Preparation and review of ordinances, resolutions, and agreements as requested;
e.Representation of CCB in non-adversarial administrative proceedings, legislative hearings and other intergovernmental matters; f. Representation of CCB and CCB officials and employees in claims and litigation filed by or against the Client as requested; g.Oversight of legal matters handled by outside counsel; h.Such other legal services as may be directed by the board of directors or General Manager.
Council Agenda 9-2-2025 9.D-16
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3. RESPONSIBILITIES OF ATTORNEY AND CLIENT. Law Firm will perform the legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client’s inquiries and communications. Client will be truthful and cooperative with Law Firm and keep Law Firm reasonably informed of developments; as well as make timely payments required under this Agreement.
4. ATTORNEY’S FEES. Client will pay Law Firm for attorney’s fees for general legal services provided under this Agreement at the rate of $225 per hour for attorney representation under this Agreement and $160 per hour for a paralegal. Client will pay Law Firm for attorney’s fees for special legal services and litigation provided under this Agreement at the rate of $275 per hour for attorney representation under this Agreement and $190 per hour for a paralegal. Law Firm will charge in minimum units of one tenth of an hour.
Law Firm will charge for all activities undertaken in providing legal services to Client under this Agreement, including, but not limited to, the following: Travel, meetings, court appearances, correspondence and legal documents (review and preparation), legal research and telephone consultations.
Client acknowledges that Law Firm has made no promise about the total amount of attorney’s fees to be incurred by Client under this Agreement.
5. RATE GUARANTEE. We will freeze our rates for a period of two years, with rates to increase thereafter based upon the Consumer Price Index increase for the prior year utilizing the standard as established by the Bureau of Labor Statistics of the U.S. Department of Labor for consumers in the Los Angeles area, or another mutually agreed upon index.
6. COSTS. Client will pay all “costs” in connection with Law Firm’s representation under this Agreement. Costs will be advanced by Law Firm and then billed to Client. The anticipated costs for representation under this Agreement include, but are not limited to, mileage at current IRS rate, round trip, to appear at any hearing or conference, messenger service fees and overnight delivery fees. The hourly rate identified above includes photocopying expenses (under 100 pages). Actual costs for large reproduction projects (100+ pages) if performed by an outside service will be charged, or $0.10 per page (b/w) and $0.20 per page (color) if performed in house, and any other expense not listed above which becomes necessary to the successful resolution of a client matter.
Council Agenda 9-2-2025 9.D-17
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7. INSURANCE. Law Firm will at all times maintain the following insurance coverage:
Professional Liability/Errors & Omissions $2,000,000/$4,000,000 General Liability $2,000,000/$4,000,000
Auto Liability $1,000,000 (including hired and
non-hired)
Workers Compensation State Mandated Limits or higher
Prior to starting work under this agreement, Law Firm will provide certificates of coverage for the above policies.
8. REPRESENTATION OF ADVERSE INTERESTS. Client is informed that the Rules of Professional Conduct of the State Bar of California require the Client’s informed written consent before an attorney may begin or continue to represent the Client when the attorney has had a relationship with another party interested in the subject matter of the attorney’s proposed representation of the Client. Client and Law Firm are not aware of any potential conflicts and have discussed them in detail. Law Firm will consult with Client in accordance with the requirements of the Rules of Professional Conduct as to any new matters assigned to Law Firm after the entering of this Agreement regarding any potential conflicts of interest relating to such new matters.
9.DISCHARGE OF ATTORNEY. Client may discharge Law Firm, pursuant to state law, by written notice effective when received by Law Firm. Notwithstanding the discharge, Client will be obligated to pay Law Firm its last statement within thirty (30) days as set forth under the terms of this Agreement.
10. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly statements indicating attorney fees and costs incurred and their basis, any amount applied for deposits, and any current balance owed. If no attorney fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month. Any balance will be paid in full within thirty (30) days after the statement is mailed and within thirty (30) days after final statement is submitted due to discharge of Law Firm
11. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties. No other Agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
Council Agenda 9-2-2025 9.D-18
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12. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
13. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent Agreement of the parties only by an instrument in writing signed by both of them or an oral Agreement to the extent that the parties carry it out.
14. ARBITRATION OF FEE DISPUTE. If a dispute arises between Law Firm and Client regarding attorney’s fees under this Agreement and one of the parties files suit in any court other than small claims court, the non-filing party has the right to stay that suit by timely electing to arbitrate the dispute under Business and Professions Code sections 6200-6206, in which event the party filing suit must submit the matter to such arbitration.
15. ATTORNEY’S FEES AND COSTS IN ACTION ON AGREEMENT. The prevailing party in any action or proceeding to enforce any provision of this Agreement will be awarded reasonable attorney’s fees and costs incurred in that action or proceeding or in efforts to negotiate the matter.
16. FILE RETENTION AND DESTRUCTION. At the conclusion of this matter, we will retain your legal files for a period of 10 years after we close our file. At the expiration of the 10-year period, we will destroy these files unless you notify us in writing that you wish to take possession of them. We reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files.
17. EXECUTION. This Agreement may be executed in counterparts and by fax or electronic signature. In executing this Agreement, the Client warrants (i) by executing this Agreement, the Client is formally bound to the provisions of this Agreement and (ii) the entering into this Agreement does not violate any provision of any other agreement to which the Client is bound.
18. ARTIFICIAL INTELLIGENCE. Law Firm may use artificial intelligence tools in our representation of Client. If we do so, we will ensure your confidential information is maintained in confidence and that any writing or analysis produced by generative artificial intelligence is edited or confirmed by an attorney before use. If you Council Agenda 9-2-2025 9.D-19
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have any questions or concerns about our use of artificial intelligence tools, please let us know.
19. EFFECTIVE DATE OF AGREEMENT. The effective date of this Agreement will be the date when it is executed by the last of the parties to do so.
The foregoing is agreed to by:
Dated: _____________, 2025 CENTRAL COAST BLUE REGIONAL
RECYCLED WATER AUTHORITY
__________________________________
Jorge E. Garcia, General Manager
Dated: _____________, 2025 JONES MAYER
Ryan R. Jones, Owner
Council Agenda 9-2-2025 9.D-20
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.A
Meeting Date: September 2, 2025
TITLE:
Appeal of Planning Commission Approval of a Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map 3240 to Develop the Gateway Project: a Mixed-Use Condominium Project and Categorical Exemption (P24-000074); Location: 1481 Price, 1331 Price, 1370 Price (APNs 005-062-003, 005-062-004, 005-064-002, 005-064-003, 005-064-012); the Project is Located in the Coastal Zone and is Not Appealable to The Coastal Commission
RECOMMENDATION:
Adopt a Resolution denying two appeals and upholding the June 10, 2025 Planning Commission approval of Project P24-000074 for a Coastal Development Permit (CDP), Conditional Use Permit (CUP), Architectural Review Permit (ARP), & Vesting Tentative Tract Map (VTTM) 3240 and adoption of Categorical Exemption 2025-013 to develop the Gateway project: a new three-story commercial/residential mixed-use condominium development of approximately 5,700 square feet of commercial and 53,400 square feet of residential and proposed as a Density Bonus project under the provisions of SB 330.
Project location site is five underlying parcels of 1.2 acres located at 1481 Price, 1331 Price, and 1370 Price and includes demolition of existing residential and commercial structures onsite, new public right-of-way improvements, creation of a public “Gateway” plaza at the corner of Price and Dolliver Streets, and the conversion of Bay Street to one- way. The project is within the Coastal Zone and is not appealable to the Coastal Commission.
BACKGROUND:
On June 10, 2025, the Planning Commission (PC) held a duly noticed public hearing and approved a Coastal Development Permit (CDP), Conditional Use Permit (CUP), Architectural Review Permit (ARP), and Vesting Tentative Tract Map (VTTM) 3240 for the Gateway Project (#P24-000074): a mixed-use condominium project, along with a Categorical Exemption for the project. The project is located on five underlying parcels at 1481, 1331, and 1370 Price Street and bounded by Price Street, Dolliver Street, Bay Street, and Harloe Avenue. The project is proposed as a density bonus project under the provisions of California Senate Bill 330. The June 10, 2025 staff report1 (Attachment 8) is available online.
Prior to formal planning permit application, the PC discussed the project as a conceptual review item on September 10, 2024 for initial feedback related to design, height, and the site’s prominent gateway location (September 10, 2024 staff report2, Attachment 10). 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=684187&dbid=0&repo=Laserfiche 2 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=547122&dbid=0&repo=Laserfiche Council Agenda 9-2-2025 11.A-1Council Agenda 9-2-2025
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No action was taken at the September 2024 meeting, but the PC provided comments to the applicant which were used to inform the application submittal package. The PC then reviewed the project during a public hearing on May 27, 2025 (May 27, 2025 staff report3, Attachment 9) and continued the hearing with direction to re-notice the item for the June 10, 2025 meeting.
Project Description
The proposed CDP, CUP, ARP, and VTTM (Project P24-000074) will allow for the construction of a new commercial/residential mixed-use development which includes four commercial condominium spaces totaling approximately 5,700 square feet and 39 residential condominium units totaling approximately 53,400 square feet, five of which would be deed restricted as affordable for sale to low- and very-low-income households.
The project is proposed under the provisions of state density bonus law, which allows for increase in density and request for concession/waivers related to parking, height increase over the maximum allowed, setback encroachment, and wall height increase. The project also proposes demolition of existing residential and commercial structures onsite, includes public right-of-way improvements along Price, Dolliver, Bay, & Harloe Streets including new additional angled parking spaces, street improvements including conversion of Bay Street to one-way, and creation of a public “Gateway” plaza at the corner of Price & Dolliver Streets as a public benefit amenity feature. The project size is five underlying parcels of 1.2 acres in area to be re-subdivided as two lots with mixed- use units.
Bay Street Conversion
The project as approved by the Planning Commission includes a recommendation to the City Council on the conversion of Bay Street to one-way alignment running from Dolliver Street to Price Street. More discussion is provided below, following analysis of the appeals that are the subject of the public hearing.
Density Bonus Law
The Gateway Project is the first regular density bonus law/Senate Bill (SB) 330 project to come forward for the City’s approval. State density bonus law encourages affordable housing development by allowing applicants to request an increase in base density of a property in exchange for providing affordable housing. The Applicant proposes ten percent of the project units as affordable to low- and very low-income households, which entitles the Applicant to a 20 percent density bonus. This entitles the applicant to one “concession,” which is defined as a reduction in site development standards or a modification of zoning code standards. The development also qualifies for waivers of development standards, which can be unlimited to further facilitate the development of affordable housing and where they are necessary to achieve the proposed density. The project has been submitted under the requirements of SB 330 (2019), which legislation is also intended to encourage and support new housing. Because there are existing residential units on-site, the project has been conditioned to meet the replacement housing requirements. SB 330 also includes requirements for cities to process projects in 3 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=682765&dbid=0&repo=Laserfiche Council Agenda 9-2-2025 11.A-2Council Agenda 9-2-2025
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a streamlined manner and limit the number of hearings on a project to five, allows applicants to freeze applicable fees and development standards to those in place at the time of submission for greater transparency, and requires the jurisdiction utilize objective design standards that are clearly defined, quantifiable and verifiable, eliminating use of subjective guidelines and personal judgement in the approval process.
The PC approved the project with one requested concession and five waivers. Since the PC meeting on June 10, 2025, the Applicant has, in consideration of community feedback, worked to revise the plans (Attachment 5) to eliminate the need for two of the previously requested waivers on lot coverage and landscaping, and updated the parking plan. The updated concession and three waivers for the Gateway Project include:
1.Concession request for parking. A total of 66 parking spaces are provided on-site.
The residential parking requirement is 56 spaces and the commercial parking requirement, which includes retail and outdoor seating ratios, is 31 spaces for a combined total on-site requirement of 87 parking spaces.
While the Applicant is requesting a concession of 21 parking spaces as allowed under state density bonus law, the applicant is also voluntarily proposing to construct public right-of-way improvements and add 21 new public parking spaces.
This includes new parking primarily along Price Street, creating a net increase of 21 (15 vehicle and 6 motorcycle) spaces as part of public benefit offering with the creation of the Gateway Plaza. More specifically, the project concession request is that the constructed 21 off-site public spaces be considered to meet the parking requirement. Per the City’s parking ordinance, off-site parking would not ordinarily be counted toward meeting a parking requirement. The applicant is requesting a parking concession for 21 spaces under density bonus (Attachment 5, plan sheets T2, T5, and T11).
2.Waiver request for Building Height. This waiver request is for an increase in maximum building height beyond the 35-foot height limit for the downtown. Due to the sloped lot, portions of the project would be up to 45 feet tall, with a portion meeting the height requirement (Attachment 5, plan sheets T12-T14).
3.Waiver request for Reduced Setbacks. This waiver request is for reduced front and street side yard setbacks at Lot 2 Building 2, at the corner of Dolliver and Bay Streets (Attachment 5, plan sheets T15).
4.Waiver request for increased Fence Height. This waiver request is to exceed the 6-foot maximum fence height by 2 feet, for a total of 8 feet in the rear setback of Building 2 to offset privacy impacts from the project height to the adjoining residential uses on Harloe Avenue (Attachment 5, plan sheet A11, view 1A).
Project Changes Since Planning Commission June 10, 2025 Approval Since Planning Commission approval, the Applicant has submitted updated project plans (Attachment 5) to address comments made during the public hearing process and also to address post-hearing public input received, which is summarized in a narrative letter dated August 19, 2025 (Attachment 6). The letter describes both changes made during Council Agenda 9-2-2025 11.A-3Council Agenda 9-2-2025
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the project such as color and materials and well as changes made since the PC approval as summarized below:
1. Parking. The Applicant’s project plans have been updated since the PC approval to construct an additional off-site parking space for a total net gain of 21 off-site parking spaces, which is equivalent to the density bonus concession request. The Applicant is also voluntarily proposing to contribute the equivalent of 3 parking in- lieu spaces for a total of $27,000 as part of the public benefit offering and to off- set potential impacts. Density bonus law and SB 330 would otherwise prohibit the City from conditioning the project to pay in-lieu fees for parking when parking is the requested concession. The project includes several public benefit items including the public Gateway Plaza, street improvements, creation of 21 on-street parking spaces, and in-lieu fee contribution, all of which are voluntary and represent improvements to the downtown area in a manner consistent with the Downtown Strategic Plan.
2. Two Waivers Removed. Since the Planning Commission approval, the revised plans (Attachment 5) have been updated to remove the need for the waiver requests related to Lot Coverage and Landscaping.
3. Alternative Canopy Design. The Applicant’s Design Revision Letter (Attachment 6) also proposes a design option for Council consideration that removes the canopy that overhangs the Gateway Plaza. The Applicant has developed this alternative design based on input received from the public since the June 10, 2025 PC meeting. Should the Council uphold the Planning Commission’s approval, staff recommends that the Council provide direction on design and condition the project on the preferred design solution. It should be noted that that removal of the canopy structure does not change the need for a height waiver.
4. Water Fountain Feature. At the June 10, 2025 PC meeting, the consensus of the PC was to request a change to the round water fountain feature to be more consistent with the Downtown Strategic Plan clam design. Project plans have been updated to incorporate a clam design (Attachment 5, plan sheet A24, A26, and A29). The clam design update was shown to the Parks, Recreation and Beautification Commission (PRBC) on August 21, 2025.
Appeals
The City received two timely appeals of the project approval, which were filed by Ms.
Cindy Sleumer on June 18, 2025 (Attachment 2) and Mr. Robert Kramb on June 24, 2025 (Attachment 3). The appeal claims and requested relief are paraphrased below, with corresponding staff response.
Appeal #1 filed by Ms. Cindy Sleumer (Appellant):
•Setbacks: The Appellant requests that the PC Resolution be amended to include the building setbacks as outlined in the drawings for Lot 2 C1 where it abuts residence at 371 Harloe Avenue. The appeal states that the setbacks should match those in the resolution and notes inconsistencies in the plan sheets. The Council Agenda 9-2-2025 11.A-4Council Agenda 9-2-2025
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requested relief is to amend the resolution to match the plans sheet T15, Setback/Encroachment Exhibit and to not allow the builder to build the project at zero-foot setback. The appeal also states that the balconies on Building 2 encroach into required setbacks.
Staff Response: The Gateway Project is located in the C-1 and RR zoning districts, which include different setback requirements. The Planning Commission resolution incorporates the approved plans as part of the permit. Because of the orientation of the buildings and size of the project, and because the project more than met the minimum setbacks, the staff report did not itemize every setback since the approved plans are also part of the permit. Instead, those areas where the applicant is asking for a setback waiver as part of the density bonus request are itemized. To improve clarity, the applicant has updated the plan set including plan sheet T15 (Attachment 5) to correct discrepancies between plan sheets and the draft Council resolution includes the updated approved setbacks separated out by C-1 and RR zones (Attachment 1).
•Secondly, the appeal asserts that the balconies of Building 2 encroach into the setback. The portion of the project (Building 2) that abuts the residential properties fronting onto Harloe Avenue have different rear setbacks based on C-1 and RR zone districts. The required rear RR setback is 9 feet 6 inches and the required C- 1 side setback is zero, and the project balconies comply with these minimum requirements. In addition, a roof height exhibit has been provided by the Architect which provides further setback detail (Attachment 7).
Appeal #2 filed by Mr. Robert Kramb (Appellant):
The appeal filed stated that only the PC approval of the CDP is being appealed. The relief requested by the Appellant identifies three main areas of appeal including noticing, traffic study, and safety warning related to parking impacts.
•Lack of Notice: The Appellant states lack of notice because story poles were not erected as part of the Planning Commission’s approval, which one Planning Commissioner mentioned during the May 27, 2025 public hearing. The solution requested by the Appellant is to require applicant to install story poles.
Staff response: The City’s Local Coastal Program (LCP) does not require story poles as part of the visual analysis for a proposed project. Because the project is located in a view consideration overlay zone, Zoning Code Section 17.096.020 requires a view analysis, which incorporated street-level renderings showing the project incorporated into the streetscape from various areas on Price and Dolliver Streets (Attachment 5). Additionally, the Planning Commission did not reach consensus, nor provide direction to staff or the Applicant, to require placement of story poles.
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•Outdated traffic study maps: The Appellant states the PC’s approval of the project did not consider increased parking impacts and circulation changes and requests a new traffic study to be done expanding the study areas. The Appellant also requests that Caltrans perform a traffic analysis.
Staff response: The project included a traffic study dated January 30, 2025 prepared by Central Coast Transportation Consulting. This transportation impact analysis evaluated impacts by the proposed project. The analysis evaluated existing and cumulative conditions, evaluated traffic collision data, and evaluated site access and circulation for the proposed project which includes a project proposal to convert Bay Street to one-way. Traffic study recommendations have been incorporated into the project. The traffic study4 is available online as part of the June 10, 2025 Planning Commission staff report, page 41 (Attachment 8). •Traffic study maps: The Appellant notes that roundabout drawings included will require Caltrans to evaluate and request the project to be halted until studies are complete.
Staff response: Public Works conditioned the project to require that the project plans show the area of a future roundabout at the intersection of Dolliver Street, Price Street and the Highway 101 off-ramp because this is part of the City’s adopted Circulation Element, and to determine if property dedication would be required. The project does not trigger a requirement for evaluating a future roundabout, as this would be a City project and does not require an area of dedication from the Applicant.
•Common Sense Approach, Safety Warning Flags: The Appellant alleges that the developer has requested entire parking sections on Price Street to be allocated to the project which will increase traffic congestion, and circulation and parking impacts thus creating “red flags”. The Appellant requests the project be halted until certified traffic engineers and Caltrans can be consulted.
Staff response: The proposed additional public parking spaces in right-of-way along Price Street are not allocated to this project. Though not required, the Applicant has offered to make the parking improvements as a public benefit to off- set the density bonus project’s legally permissible request for a commercial parking concession. The 21 new public parking spaces are included in the parking plans as part of the overall scope of work and will be available to anyone. State density bonus law entitles the Applicant to propose a portion of the project residential units as deed-restricted affordable to qualify for concession and waivers of local development standards. The Applicant’s traffic study was prepared by a registered professional traffic engineer, and the report was reviewed and accepted by Public Works. The traffic study can be found as Attachment 5 to the June 10th PC meeting staff report included as Attachment 8 to this staff report. 4 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=684187&dbid=0&repo=Laserfiche Council Agenda 9-2-2025 11.A-6Council Agenda 9-2-2025
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Environmental
In accordance with the California Environmental Quality Act (CEQA), it has been determined that the project is categorically exempt pursuant to Section 15332 of the CEQA Guidelines regarding infill development activities for projects consistent with the general plan designation, less than five acres, and surrounded by urban uses. A copy of the Categorical Exemption has been included as part of the Planning Commission Staff Report (Attachment 8). Adoption of the resolution provided as Attachment 1 would effectuate the Council’s adoption of this Categorical Exemption.
Alternatives
1. Approve a modified version of the project consistent with the requirements of SB 330;
2. Approve the plans with the modified Gateway Plaza design;
3. Uphold one or both of the appeals, and direct staff to return with a resolution setting forth appropriate findings.
Bay Street Conversion
The project as approved by Planning Commission includes a recommendation that the City Council approve the conversion of Bay Street to one-way alignment running from Dolliver Street to Price Street (Planning condition #7). This recommendation is based on the recommendations from the traffic study prepared for the project. Because the City Council has the final authority in changing street configurations, in the event the Council moves to deny the subject appeals and uphold the Planning Commission’s approval of the project, the approval would include the reconfiguration of Bay Street to one-way unless the Council provides alternative direction. The project can proceed with either the proposed one-way alignment, or the Council may give alternative direction if the existing two-way configuration is preferred. If the project is ultimately approved, the final map and an Encroachment Agreement will come back to the City Council to memorialize the approval.
Conclusion and Recommendation
The Gateway Project, proposed under the provisions of state density bonus law and SB 330, is requesting a concession of 21 parking spaces, and a waiver of the maximum building height, setback encroachment, and increase of maximum fence height for Building 2, which is necessary to support the increased residential density. The City’s Housing Element Program HE-1 states that the City will encourage and assist developers to utilize the density bonus provisions of the California Government Code. The appeal filed by Ms. Sleumer does not cite an inconsistency with the City’s General Plan, Local Coastal Program (LCP), or any Municipal Code requirement. The appeal filed by Mr.
Kramb, which only seeks to appeal the PC approval of the Coastal Development Permit, does not cite an inconsistency with the City’s LCP. Since the PC’s June 10, 2025 project approval, the Applicant has provided updated project plans to address some of the community feedback related to parking and design as well as correct setback inconsistencies in plans. The revised project plans also include compliance with the Council Agenda 9-2-2025 11.A-7Council Agenda 9-2-2025
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previously requested waivers regarding lot coverage and landscaping requirements.
While not required to do so, the project shows a net gain of 21 new public parking spaces (15 vehicle plus 6 motorcycle), includes an offer to contribute toward the City’s parking in-lieu funds the equivalent amount of 3 parking spaces, and includes an alternative design option removing the Gateway Plaza roof canopy.
The proposed project would be developed, except where concession and waivers are approved pursuant to state law, in compliance with the GP/LCP, 1983 Zoning Code, and all other applicable development standards. The PC made adequate findings for approval of the project with adoption of PC 2025-013. Staff recommends that the City Council adopt a resolution (Attachment 1) denying both appeals and upholding the June 10, 2025 Planning Commission approval (PC-R-2025-013) of the Project associated with Project No. P24-000074 which includes conversion of Bay Street as one way shown on project plans, based on the findings set forth in Attachment 1, followed by direction regarding the proposed alternative Gateway Plaza roof canopy design. Adoption of this resolution will also include approval of the Categorical Exemption associated with this project.
FISCAL IMPACT:
There is no fiscal impact from staff’s recommended action.
ATTACHMENTS:
1. Resolution
2. Appeal filed by Ms. Cindy Sleumer
3. Appeal filed by Mr. Robert Kramb
4. June 10, 2025 Planning Commission Resolution PC-R-2025-013
5. Revised project plans dated July 24, 2025
A. Excerpted plan sheets included in packet
B.Reduced-size full set of plans available online
C.Full-size full set of plans available online
6. Project Design Revisions Narrative Letter from Applicant with Alternative Plaza Canopy Design dated August 18, 2025
7. Roof Height Exhibit prepared by Architect dated August 5, 2025
8. June 10, 2025 Planning Commission Staff Report (online-only attachment)
9. May 27, 2025 Planning Commission Staff Report (online-only attachment)
10. September 10, 2024 Planning Commission Conceptual Review staff report (online- only attachment)
Prepared by:
Cindy Jacinth, Planning Manager
Submitted by: Scot Graham, Community Development Director City Manager Approval:
Council Agenda 9-2-2025 11.A-8Council Agenda 9-2-2025
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RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DENYING TWO APPEALS AND UPHOLDING THE JUNE 10, 2025 PLANNING COMMISSION APPROVAL OF PROJECT P24-000074 FOR A COASTAL
DEVELOPMENT PERMIT (CDP), CONDITIONAL USE PERMIT (CUP),
ARCHITECTURAL REVIEW PERMIT (ARP), & VESTING TENTATIVE TRACT MAP (VTTM) 3240 AND ADOPTION OF CATEGORICAL EXEMPTION 2025-013 TO DEVELOP THE GATEWAY PROJECT: A NEW THREE-STORY
COMMERCIAL/RESIDENTIAL MIXED-USE CONDOMINIUM DEVELOPMENT OF APPROXIMATELY 5,700 SQUARE FEET OF COMMERCIAL AND 53,400 SQUARE
FEET OF RESIDENTIAL AND PROPOSED AS A DENSITY BONUS PROJECT UNDER THE PROVISIONS OF SB 330. PROJECT LOCATION SITE IS FIVE UNDERLYING PARCELS OF 1.2 ACRES LOCATED AT 1481 PRICE, 1331 PRICE, AND 1370 PRICE AND INCLUDES DEMOLITION OF EXISTING RESIDENTIAL AND
COMMERCIAL STRUCTURES ONSITE, NEW PUBLIC RIGHT-OF-WAY
IMPROVEMENTS, CREATION OF A PUBLIC “GATEWAY” PLAZA AT THE
CORNER OF PRICE AND DOLLIVER STREETS, AND THE CONVERSION OF BAY STREET TO ONE-WAY. THE PROJECT IS WITHIN THE COASTAL ZONE AND IS
NOT APPEALABLE TO THE COASTAL COMMISSION
WHEREAS, Coastal Community Builders, Inc. (“Applicant”) submitted an application to the City of Pismo Beach for approval of a Coastal Development Permit (CDP), Conditional Use Permit (CUP), Architectural Review Permit, and Vesting Tentative Tract Map 3240 (VTTM) to develop a new three-story commercial/residential mixed-use development which includes four commercial condominium spaces totaling approximately 5,700 square feet and 39 residential condominium units totaling approximately 53,400 square feet, five of which would be deed restricted as affordable for sale to low- and very-low- income households; the project is proposed under the provisions of state density bonus law and SB 330, which allows for increase in density and request for 1 concession related to parking and 3 waivers related to a height increase over the maximum allowed, setback encroachment, and wall height increase; the project also proposes demolition of existing residential and commercial structures onsite, includes public right-of-way improvements along Price Street, Dolliver Street, Bay Street, & Harloe Avenue including new additional angled parking spaces, street improvements, and creation of a public “Gateway” plaza at the corner of Price & Dolliver Streets as a public benefit amenity feature; the project size is five underlying parcels of 1.2 acres in area to be re-subdivided as two lots with mixed- use units; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 27, 2025, at which all interested persons were given the opportunity to be heard and continued the hearing with direction to re-notice the item to the June 10, 2025 meeting; and
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WHEREAS, the Planning Commission held a duly-noticed public hearing on June 10, 2025, at which all interested persons were given the opportunity to be heard; and WHEREAS, following consideration of staff analysis and testimony by the applicant and members of the public, the Planning Commission adopted Resolution PC-R-2025-013 approving Project P24-000074 with conditions; and
WHEREAS, on June 18, 2025, Cindy Sleumer filed a timely appeal of the Planning Commission’s approval of the Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map; and WHEREAS, on June 24, 2025, Robert Kramb filed a timely appeal of the Planning Commission’s approval of the Coastal Development Permit; and WHEREAS, on September 2, 2025, the City Council held a duly-noticed public hearing on the appeals, at which all interested persons were given the opportunity to be heard; and
WHEREAS, the City’s adopted 2020–2028 Housing Element of the General Plan includes Program HE-1 which states that the City will encourage and assist developers to utilize the density bonus provisions of the California Government Code that allow an increase in the number of units in the underlying zone in return for construction of lower-income housing (extremely low-, very low-, and low-income units); the City will also amend the Zoning Codes (both the 1983 and 1998 codes) to comply with changes in state density bonus law (Government Code Section 65915) and develop an outreach program to ensure its successful implementation; 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 (CEQA):
1. The project is exempt from CEQA in accordance with Section 15332 of the CEQA Guidelines, exempting infill projects located within City limits on a site less than 5 acres, not resulting in impacts to endangered, rare or threatened species or their habitat, and not resulting in impacts related to traffic, noise, air quality or water quality, and can be served by all required utilities and public services. Additionally, none of the Categorical Exemption exceptions, noted under Section 15300.2, apply to the project.
2. The project is consistent with the applicable General Plan and Coastal Land Use designations and all applicable General Plan and Local Coastal Plan policies as well as with the applicable Zoning designation and regulations because the project is in the Mixed Use land use category within the Retail Commercial (C-1) and Resort Residential (R-R) zoning designation which Council Agenda 9-2-2025 11.A-10
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allows for condominium commercial and residential uses consistent with the General Plan and Local Coastal Plan, and is also identified as a Gateway location in the adopted Downtown Strategic Plan.
3. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality because the project, as conditioned, will comply with the recommendations of supporting studies submitted as part of the planning application #P24-000074.
B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT AND
ARCHITECTURAL REVIEW PERMIT
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 mixed-use project and related improvements are appropriate in size with the adjacent uses and structures and fall within the scale and use of other similar structures in the near vicinity.
3. The architectural and general appearance of the development is in keeping with the character of the neighborhood. The proposed mixed-use development and related improvements are compatible with the visual quality and character of the surrounding area and the architectural style, building materials, and massing are similar and compatible with other structures in the immediate area and are consistent with the scenic quality of the View Considerations Overlay zone.
4. The proposed mixed-use development with related demolition and new public improvements is consistent with the General Plan, Local Coastal Plan, and General Plan Land Use category of Mixed Use.
5. The proposed mixed-use development with related improvements is compatible with the nearby existing uses and will not be detrimental to the health, safety, morals, comfort or general welfare of persons living or working in the surrounding area of the proposed project.
6. The proposed mixed-use development with related improvements 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 proposed mixed-use development with related improvements will not impair the desirability of investment or occupation in the neighborhood.
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8. The site is physically suitable for construction of project improvements to provide support for a mixed-use development.
9. The proposed mixed-use development with related improvements is in keeping with the character of the surrounding area comprised of apartments, single- family residences, hotels, motels, restaurants, other retail commercial uses, and visitor-serving uses, and is consistent with the zoning of the project site.
10. The proposed project will not significantly alter existing natural landforms because the project site does not contain prominent natural landforms.
11. The height, bulk, and scale of the proposed development is compatible with the adjacent area and with the surrounding views and other Local Coastal Program Land Use Plan considerations as designed.
C. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT
1. The proposed use is allowed with a Conditional Use Permit within the subject zoning district and complies with all applicable provisions of this Zoning Code because various retail commercial and housing types are allowed within the C- 1 and RR zoning districts.
2. The proposed use is consistent with the General Plan/Local Coastal Plan because commercial and single-family residential uses in an airspace condominium arrangement are allowed in the Mixed Use category.
3. The approval of the Conditional Use Permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA).
4. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity because there are other three-story attached residential uses and other commercial uses nearby.
5. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located because the downtown district encourages coastal architectural character.
D. FINDINGS FOR APPROVAL OF VESTING TENTATIVE PARCEL MAP No. 3240 The subdivision of the project into 39 residential condominiums and 4 commercial condominium units on two lots will comply with the requirements of the Subdivision Map Act (MA):
1. The subdivision of commercially zoned property into a mixed-use condominium project does not conflict with any Subdivision Map Act provision.
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2. The subdivision of commercially zoned property into mixed-use condominiums, together with provisions for design and improvements, is consistent with the City’s General Plan/Local Coastal Program with the incorporation of the Conditions.
3. Waste disposal from the project will not result or be substantially different from what exists on site now or add to a violation of existing California Regional Water Quality Control Board regulations for infrastructure (MA 66474.6).
4. There are no identified grounds for tentative map denial (MA 66474).
5. The proposed Vesting Tentative Tract Map and subdivision design and improvements are consistent with applicable General Plan requirements, including provisions relating to archaeology and multi-family development design, in that appropriate conditions of approval will be applied. Standard infrastructure regulations will be applied. Additionally, the City Engineer will apply project specific requirements for water supply, sewage disposal, drainage and access (MA 66474).
6. The site is physically suitable for a mixed-use condominium development in that its location is of adequate size and topography to accommodate the development, the site is zoned for commercial and residential uses, other condominiums have been developed in the vicinity, and because no site features exist which would be detrimental to residential occupancy.
7. The subdivision design or improvements are unlikely to cause substantial environmental damage or adversely impact fish or wildlife or their habitat, and are unlikely to pose serious public health problems.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby denies the two appeals and upholds the June 10, 2025 Planning Commission approval of a Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map 3240 (Project P24-000074) for the Gateway Project subject to the conditions as set forth in Exhibit A, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED by the City Council of the City of Pismo Beach that the project hereby approved includes the conversion of Bay Street to a one-way street, running from west-east from Dolliver Street to Price Street.
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby adopts Categorical Exemption 2025-013 with the above findings, which is incorporated herein by this reference.
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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 2nd day of September 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ___________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
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EXHIBIT A
CITY OF PISMO BEACH CONDITIONS
CITY COUNCIL MEETING OF SEPTEMBER 2, 2025
PERMIT NO. P24-000074, CDP/CUP/AR/VTM
LOCATION – 1481 PRICE, 1331 PRICE, 1370 DOLLIVER
APNS 005-062-003, 005-062-004, 005-064-002, 005-064-003, 005-064-012 The conditions set forth in this permit affect the title and possession of the real property that is the subject of this permit 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 permit 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 permit.
AUTHORIZATION: Subject to the conditions stated below, approval of Permit P24- 000074 grants a Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map 3240 approval for the Gateway Project, a new mixed-use development of 4 commercial spaces and 39 residential dwelling units proposed pursuant to state density bonus law, creation of a public Gateway plaza, public right-of-way improvements, demolition of existing residential and commercial structures on-site located at 1481 Price Street, 1331 Price Street, and 1370 Dolliver Street, and as further described in the Planning Commission staff reports dated May 27, 2025 and June 10, 2025 and City Council staff report dated September 2, 2025. Approval is granted only for the use as herein stated; any proposed changes shall require approval of amendments to these permits by the City of Pismo Beach.
EFFECTIVE DATE: This permit shall become effective upon approval by the City Council.
EXPIRATION DATE: The applicant is granted two years for inauguration (i.e. building permits issued and construction begun) of this permit. The permits will expire on September 2, 2027, unless inaugurated prior to that date. Time extensions are permitted pursuant to Zoning Code Section 17.121.160 (2).
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 permit is 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 aside, void, or annul this approval by the City of the project; or my failure to comply with Council Agenda 9-2-2025 11.A-15
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conditions of approval. This agreement shall be binding on all successors and assigns.
I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY WITH ALL ATTACHED
STATED CONDITIONS OF THIS PERMIT
Approved by the City Council on September 2, 2025.
__________________________________ _______________________ Owner/Applicant Date
__________________________________ _______________________ Owner/Applicant Date
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CONDITIONS, POLICIES, AND SELECTED CODE REQUIREMENTS FOR PROJECT NO. P24-000074
LOCATION: GATEWAY MIXED-USE DEVELOPMENT, 1481 PRICE, 1331 PRICE, AND 1370 DOLLIVER STREETS
APNS 005-062-003, 005-062-004, 005-064-002, 005-064-003, 005-064-012 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 THE ISSUANCE OF A BUILDING PERMIT:
PLANNING DIVISION:
1. COMPLIANCE WITH CITY COUNCIL 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 City Council’s approval and conditions of approval. Project shall comply with the standards noted in the table below, as approved pursuant to State Density Bonus Law:
Item Proposed
Lot Size Lot 1: 0.421 acre, 13,223sf
Lot 2: 0.790 acre, 24,084sf
Includes 4 commercial condominiums and 39 residential
condominiums
Building Height Building 1: 41.5 feet above e.g.;
Building 2: 45 feet above e.g. per Density Bonus waiver.
Building Floor Area Lot 1 29,360sf FAR;
Lot 2 46,085sf FAR (C-1) and 11,145sf FAR (RR)
Lot Coverage Lot 1 69%;
Lot 2 74% (C-1) and 54% (RR)
Planting Area
(Landscaping)
Lot 1 11%;
Lot 2 11% (C-1) and 23% (RR)
Front Setback for Lot
1 and Lot 2
Lot 1: C-1 zone - 0’
Lot 2: C-1 zone - 20’9” (Harloe Avenue)
Lot 2: RR zone - 1’ 6 ½“ and varies - as shown on
approved plans and approved per Density Bonus waiver
(plan sheet T15)
Side Setback for Lot 1 Lot 1: C-1 zone – 0’
Lot 2: C-1 zone – 0’
Lot 2: RR zone - 1’4 ½“ – as shown on approved plans
and per Density Bonus waiver (plan sheet T15)
Rear Setback for Lot 2 Lot 1: C-1 zone - 0’
Lot 2: C-1 zone – 8’7” facing Harloe Avenue and 7’ 11”
on ocean facing side – as shown on approved plans
Lot 2: RR zone - 9’6” as shown on approved plans
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Parking Spaces 66 on-site spaces provided for residential and commercial where a total of 87 spaces would be
required. Density Bonus concession of 21 parking
spaces approved per Density Bonus law. Proposed off-
site commercial spaces provided 21 total spaces (15
vehicle plus 6 motorcycle spaces).
Density Base density is 30 units. 39 residential dwelling units proposed per Density Bonus law
2. As a Density Bonus law mixed-use project with existing dwelling units on-site, the project is required per Senate Bill 330 to replace existing on-site housing at an income level commensurate with the existing residents’ income status or if income status is unknown then replacement housing is to be replaced consistent with US Department of HUD’s Comprehensive Housing Affordability Strategy (CHAS) database which utilizes citywide census data for low- and very-low income household and which equates to a replacement housing requirement of 5 units.
Should the total number of housing units including illegally converted units be determined to exceed 10 units, the number of replacement units may increase based on SB 330 requirements.
3. The project shall be compliant with Senate Bill 330, including all requirements for replacement housing, and relocation assistance shall be provided to protected housing units eligible for relocation assistance in compliance with the law.
Relocation assistance shall also include a right of first refusal to a comparable unit.
4. A deed restriction for a period of 45 years shall be prepared and recorded prior to or concurrent with the sale of each affordable for-sale unit in compliance with SB 330 which meets requirements for owner income qualification and re-sale restrictions/equity-sharing as required by California Government Code section 65915(c). The deed restriction shall be reviewed and approved by the City prior to recordation.
5. Concurrent with recordation of the final map or prior to issuance of a building permit, a deed restriction shall be prepared by the City and recorded with the County Recorder’s office to prohibit all residential condominiums from being used as vacation rentals. The restriction against vacation rental use shall also be included as a provision in the CC&Rs for Tract 3240, with language to be reviewed and approved by the Community Development Director.
6. The applicant shall record a public access easement and/or agreement over the Plaza identifying it as a public amenity benefit open to the public to be maintained in perpetuity with maintenance responsibilities to be borne by the Homeowners’ Association (HOA) for Tract 3240. The public easement/agreement and maintenance responsibilities shall also be identified in the Tract CC&Rs to the satisfaction of the Community Development Director.
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7. An easement or use agreement shall be prepared by the City, recorded and incorporated into the Tract 3240 CC&Rs which allows for permanent use by the City of the bulletin board located in the Gateway Plaza.
8. The traffic study recommendations prepared by Central Coastal Transportation Consulting in a report dated January 2025 shall be incorporated into building plans submitted for building permit approval.
9. Recommendations included in the archaeological report prepared by SWCA Environmental Consultants dated December 3, 2024 shall be incorporated into the project including an archaeological monitoring plan for archaeological monitoring during initial ground disturbing activities which shall be reviewed and approved by the Planning Division prior to issuance of a building permit. Should cultural materials be encountered during ground disturbance, additional testing and monitoring may be required.
10. Recommendations included in the Noise Evaluation study prepared by Ambient Consulting dated March 2025 shall be incorporated into the building plans submitted for building permit approval.
11. Future sign permit approval for commercial spaces shall be consistent with the signage program shown on approved plans.
12. COMPLIANCE WITH SOIL REPORT. Grading and construction plans shall reflect all recommendations as proposed in the Soil Engineering Report prepared by GeoSolutions dated April 2025 for the building permit application.
13. COLORS AND MATERIALS. Colors and materials shall be consistent with those shown on the color board as reviewed and approved by the City Council. Any changes shall be approved by the Community Development Director.
14. LIGHTING PLAN. Building plans shall show all locations and types of outdoor lighting and shall be consistent with the lighting specifications submitted with the planning application. Shielding shall be used to confine light spread to the project site, excluding project required street lights located in the public right of way.
Lighting shall meet one footcandle minimum distributed evenly across the parking lot areas and two footcandles at the surface for walkway areas.
15. LANDSCAPING AND IRRIGATION PLANS. Landscaping and irrigation plans encompassing the entire site shall be submitted by the Project Applicant for review and approval by the Planning Division. Detailed calculations shall be provided on building plans indicating the provision of landscape area consistent with the plans approved by the City Council. The Plans shall include that portion of landscaping to be installed in the City right-of-way. The landscape plan shall include the following provisions:
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a. Use of low-water-using irrigation systems. Drip irrigation shall be used where feasible.
b. Landscape Design Plan (including plant list).
c. Irrigation Design Plan.
d. Tree list, including mature height of all trees.
e. Street trees shall be planted on street frontages consistent with the requirements of the Pismo Beach Municipal Code and consistent with the City’s street trees list.
f. Street trees shall be maintained consistent with Chapter 12.12 of the Municipal Code.
16. Soil remediation shall be completed to the satisfaction of the appropriate county agency, and such approval or sign off shall be submitted for review and approval prior to the issuance of a building permit. The applicant shall submit a plan that addresses how onsite and offsite residual soil contamination and groundwater contamination will be addressed, if encountered on site, as part of project grading activities including all utility excavation. Said plan shall address the handling and disposal of any contaminated soil/groundwater encountered. The applicant shall submit the plan to the City as part of its building permit application and to San Luis Obispo County Environmental Health and the Central Coast Water Board for review and approval as applicable.
BUILDING DIVISION:
1. As applicable, all construction shall conform to the edition of the applicable 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.
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. Multiple permits will be required for the project including permits for the separate structures, grading at each site, fire sprinklers, photovoltaic systems, and demolition of each existing structure on the site as necessary to allow the new project to proceed.
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5. The accessibility elements throughout will need to be shown, detailed, and/or noted on the plans to verify compliance with CBC Chapter 11A and/or 11B depending on the project scoping. These should include items such as: accessible parking, path of travel, restroom design, accessible amenities, rooms, doors, electrical outlets, EV charging, etc.
6. 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.
7. Underground electric service conductors are required.
8. The proposed project creates additional dwelling units, which requires the assignment of separate addresses. Applicant must complete the address request application found on the City website and submit for approval. The approved addresses will be required prior to building permit issuance.
9. An automatic fire sprinkler system is required within the structure, to include the new dwelling units and commercial space.
10. 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.
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B. 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.
PLANNING DIVISION
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.
C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY:
BUILDING DIVISION
1. Prior to Building Division final approval, all required inspections from the other various divisions must have been completed and verified by a City inspector.
D. CONDITIONS SUBJECT TO ONGOING COMPLIANCE:
1. 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.
2. 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.
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3. 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.
ENGINEERING CONDITIONS:
I. The following General Improvement Requirements shall be met prior to the issuance of a building permit:
1. The planning application shall include the approximate location and extents of a dedication of right-of-way for a future roundabout at the intersection of Dolliver Street/Price Street/US 101 southbound offramp.
2. The preliminary plans in support of a planning application shall depict new fire hydrants along Price Street, Bay Street, and Harloe Avenue to the satisfaction of the Fire Department, including locations of proposed parking prohibitions.
3. The project is required to relocate existing overhead utilities along the project frontages underground.
4. A portion of the of the proposed development is along Caltrans right-of-way (Dolliver Street/Highway 1).
i. Driveways, drainage, landscaping, lighting, walls along Caltrans frontage will also require Caltrans approval.
5. Caltrans approval is required for encroachments into Caltrans right-of-way of permanent structures including but not limited to stairs and retaining walls.
6. Engineering standard notes shall be placed on the plans at time of building permit application submittal. A copy may be obtained through the Engineering Division.
7. Maintain clear access to existing sewer and water for maintenance on Bay Street.
8. A final traffic study is required to review the proposed development regarding the potential impacts and recommend improvements (turn lanes, widening).
9. Landscaping and street trees are required along Price Street, Dolliver Street, Harloe Avenue, and Bay Street public right-of-way. Trees spacing shall be a maximum of 30 feet. The City Public Works Department and Community Development Department shall approve any landscaping and irrigation within a public right-of-way. All landscaping and irrigation shall be maintained by the property owner.
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10. Private improvements including retaining walls shall not be allowed within the public right-of-way without an encroachment agreement. Agreement must be approved by the City Council, signed and recorded prior to issuance of Building Permit. Applicant shall understand that receiving a Conditional Use Permit does not in any way guarantee that an agreement can, or will, be approved by the City Council for the encroachment into the right-of-way.
11. The proposed development shall maintain conformance with the City’s Regional Stormwater Permit, 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. i. Prior to building permit final, record a private stormwater maintenance agreement with project-specific operations & maintenance manual.
12. The existing groundwater monitoring wells shall be abandoned to the satisfaction of the Regional Quality Control Board and San Luis Obispo County Environmental Health Department
13. Street Improvements Summary:
i. Price Street, Dolliver Street, Harloe Avenue, and Bay Street.
1. 10-foot-wide decorative pavers sidewalks and ADA driveways
2. Roadway widening, turn lanes, lane striping improvements as required based on traffic study report recommendations
3. Retaining walls (if needed) to be located outside of public right-of-way
14. 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.
15. Appropriate City standards shall be referred to on the plans and shall be included on a detail sheet within the plan set.
16. 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.
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17. A waiver shall be granted for any excavation in the roadway per the City’s Pavement Cut Ordinance, Municipal Code Chapter 12.36. If a waiver is granted, the roadway shall be repaired in accordance with the requirements included in the Pavement Cut Ordinance.
18. The applicant shall install, at a minimum, one street tree per 30 feet of frontage.
Tree planting, location, and species shall be accomplished in accordance with the City's street tree planting standards.
19. Intersection sight 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.
20. Dead-end parking areas must be provided with adequate turn-around area, assuming all spaces are filled.
21. The applicant shall provide a current title report to the Engineering Division.
22. Driveways and driveway approaches shall be located and constructed per City of Pismo Beach standards. Profiles shall be provided for all interior driveways.
23. 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 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.
24. Due to the number of utility trenches required for this project, a pavement overlay on Price Street, Dolliver Street and Harloe Avenue along the frontage of the project is required to extend to roadway centerline.
25. 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.
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II. Grading and Drainage Plans
26. A Preliminary Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer.
27. All grading and drainage improvements shall be designed and constructed in accordance with the City’s Grading and Storm Water Discharge Ordinances and subject to approval by the City Engineer.
28. The County of San Luis Obispo Hydrology Drainage Standards will be utilized to verify that stormwater runoff resulting from the proposed development will be adequately controlled to reduce impacts to downstream facilities. In addition, the Post-Construction Stormwater Requirements for development projects in the Central Coast Region will be required to determine which performance requirement the development project is subject to. The stormwater design shall be submitted for review and approval by the City Engineer. A Stormwater Control Plan application, calculations and/or a drainage report must be submitted with the plans.
29. A Water Pollution Control Plan (WPCP) shall be submitted.
30. 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 to the Public Works Department Standards and Specifications.
31. 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.
32. 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.
33. 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.
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III. Utilities
34. The applicant shall submit a composite utility plan and is responsible for installing all utilities.
35. All wire utility services to the project shall be located underground.
36. All existing above-ground utilities located on the property and property frontages shall be relocated underground. No additional new poles shall be placed as a result of the undergrounding without prior approval from the City Engineer.
37. The applicant is responsible for securing the Public Utility applications and signatures for proposed utility relocations (PG&E, Charter, AT&T, SoCal Gas).
Public Utility plans and comments shall be forwarded to the City Engineer for approval.
38. Streetlights shall be installed at locations per a photometric plan and approved by the City Engineer.
IV. Prior To Recording of the Final Map:
39. The subdivision shall be recorded with a final map. The map preparation and monumentation shall be in accordance with the City’s Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The map shall use U.S.
Customary Units in accordance with the current City Engineering Standards. A separate application, checklist, and final map review fee shall be paid at the time of final map processing. The applicant shall provide recording fees, a final tax bond and final subdivision guarantee prior to recording.
40. CC&Rs must be submitted for review and approval.
41. Condominium Plans must be submitted for review and approval.
42. The final map shall include Irrevocable Offers of Dedication for road right-of- way or pedestrian easements as necessary if existing right of way is insufficient for public improvements, as well as right of way for a future roundabout at the intersection of Dolliver Street, Price Street, and the Southbound US 101 offramp.
43. 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 Agreement with the City in accordance with the Subdivision Map Act Attachment 1
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Bonds required and the amount shall be as follows:
Performance Bond...............100% of improvement costs Labor and Materials Bond.......50% of performance bond
Monumentation Bond………100% of installation costs
44. Final property corners shall be installed or bonded for. -END-
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Specific to this appeal: Lack of Notice
(review the 5/27 Planning Commission Meeting video)
(professional story pole Installation - http://californiastorypoles.com) Most people need a visual to understand a project. I know the city provided Pismo residents with the minimum notices as required by law, but to really inform the public of a project this size really needs more than that. Large murals at the site or public workshops for creative ideas were nonexistent.
However, at the May 27th Planning Commission (PC) meeting, story poles were suggested and the PC indicated "story poles" would be a good idea and that they would be erected at the site to inform the public of the project scope. A week later there were still no story poles installed. I emailed all PC members: "Where are the story poles?" And there was no reply or response given by any member. One can only surmise that the City of Pismo Beach PC Planning Commission preferred to withhold this story pole information from the public.
This is not the type of truth and transparency we should willfully expect from the City? Solution: Contact a reputable and professional Story Pole company to install story poles at multiple locations at the Gateway site as the PC indicated that it would do. http://californiastorypoles.com
Specific to this appeal: PC Approval of project used outdated Traffic Study maps Traffic -Parking -Congestion. Exhibits T-C-P #1 & 2
This is a "tricky" intersection where Hwy1 , Price St., and Shell Beach Rd. converge with an extremely busy three-way directional exit off the 101 southbound, where current traffic flow already causes congestion and bottlenecks further into town. This Gateway project is already short on parking requiring more off-street parking from the city. The city shows maps where diagonal and parallel parking spaces are to be located in the center of Price St. extending north into the intersection with Hwy 101.
The PC approved the project on 6/10 without consideration of the increased parking and circulation changes. This is an oversight that does not make good common sense.
Solution: There should be a new traffic study done of the whole area surrounding the Gateway project from the FWY exits down Price St. and Dolliver St., including Bay St. and Harloe St. and the surrounding streets where parking bleed-off is expected. This should be done by professionals and also include an analysis from the Caltrans engineering group, as they own and operate the 101 FWY and Dolliver St./HWY. It should not be the same company who performed the traffic study at Five Cities Dr. and Fourth St.
Halt any further progress or forward movement of project development and approval process, until these analyses have been conducted and reviewed by professionals.
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Specific to this appeal: Traffic study maps
Traffic -Parking -Congestion. Exhibits T-C-P #1 & 2
You will notice that these new Traffic study maps have included roundabout drawings in the intersection which will require Caltrans to evaluate.
Solution: Halt any further progress or forward movement of project development and approval process, until these analyses have been conducted and reviewed by professionals.
Specific to this appeal: Common Sense Approach. Safety Warning Flags Traffic, congestion, parking, and circulation growth has been exponential.
Four lanes on Price St. (2 north and 2 south) used to comfortably handle the city traffic. Then center street parking meters narrowed Price St. to two lanes (1 north and 1 south) with traffic congestion and over-crowding becoming the norm. Instead of limiting excessive off-street parking, the developer has requested entire parking sections be allotted to the project, all of which has increased the traffic congestion, circulation, and parking nightmares with increased safety concerns waving red flags. Will there be plenty of crosswalks for the center street diagonal / parallel parking that everyone will use, or will we see people continue to dart between the traffic as we do now? The time to reassess the current and future traffic conditions is now. Not after it is built.
Solution: Halt this project until certified traffic engineers and Caltrans, as well as other professionals, can be consulted.
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PC-R-2025-013
RESOLUTION NO. PC-R-2025-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING PROJECT P24-000074 FOR A COASTAL
DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT, ARCHITECTURAL REVIEW PERMIT, & VESTING TENTATIVE TRACT MAP 3240 AND ADOPTION OF CATEGORICAL EXEMPTION 2025-013. THE PROJECT IS LOCATED WITHIN THE COASTAL ZONE AND IS NOT APPEALABLE TO THE COASTAL COMMISSION.
LOCATION: 1481 PRICE ST, 1331 PRICE, AND 1370 DOLLIVER. APNS 005-062- 003, 005-062-004, 005-064-002, 005-064-003, 005-064-012 WHEREAS, the Coastal Community Builders, Inc. (“Applicant”) submitted an application to the City of Pismo Beach for approval of a Coastal Development Permit (CDP), Conditional Use Permit (CUP), Architectural Review Permit, and Vesting Tentative Tract Map 3240 (VTM) to develop a new three-story commercial/residential mixed-use development which includes four commercial condominium spaces totaling approximately 5,700 square feet & 39 residential condominium units totaling approximately 53,400 square feet, five of which would be deed restricted as affordable for sale to low and very-low-income households. Project is proposed under the provisions of State Density Bonus Law which allows for increase in density and request for concessions/waivers related to parking, height increase over the maximum allowed, lot coverage, landscaping, setback encroachment, & wall height increase. Project also proposes demolition of existing residential & commercial structures onsite, includes public right-of-way improvements along Price, Dolliver, Bay, & Harloe Streets including new additional angled parking spaces, street improvements, and creation of a public “Gateway” plaza at the corner of Price & Dolliver Streets as a public benefit amenity feature. Project size is five underlying parcels of 1.2 acres in area to be re-subdivided as two lots with mixed-use units.
WHEREAS, the Planning Commission held a duly-noticed public hearing on May 27, 2025, at which all interested persons were given the opportunity to be heard and continued the hearing with direction to renotice to the June 10, 2025 meeting; and WHEREAS, the Planning Commission held a duly-noticed public hearing on June 10, 2025, at which all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission determined that under the provisions of the California Environmental Quality Act (CEQA), this project is exempt per Section 15332 of the CEQA Guidelines; and additionally, none of the Categorical Exemption exceptions, noted under Section 15300.2, apply to the project; and WHEREAS, the Planning Commission finds, after due study, deliberation, and public hearing, that the following circumstances exist:
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A. FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
1. The project is exempt from CEQA in accordance with Section 15332 of the CEQA Guidelines, exempting infill projects located within City limits on a site less than 5 acres, not resulting in impacts to endangered, rare or threatened species or their habitat, and not resulting in impacts related to traffic, noise, air quality or water quality, and can be served by all required utilities and public services.
2. The project is consistent with the applicable General Plan and Coastal Land Use designations and all applicable General Plan and Local Coastal Plan policies as well as with the applicable Zoning designation and regulations because the project is in the Mixed Use land use category within the C-1 (C-1) commercial and Resort Residential (R-R) zoning designation which allows for condominium commercial and residential uses consistent with the General Plan and Local Coastal Plan, and is also identified as a Gateway location in the adopted Downtown Strategic Plan; and
3. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality because the project, as conditioned, will comply with the recommendations of supporting studies submitted as part of the planning application #P24-000074.
B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT
AND ARCHITECTURAL REVIEW PERMIT
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 mixed-use project and related improvements are appropriate in size so with the adjacent uses and structures and falls within the scale and use of other similar structures in the near vicinity.
3. The architectural and general appearance of the development is in keeping with the character of the neighborhood. The proposed mixed-use development and related improvements are compatible with the visual quality and character of the surrounding area as the architectural style, building materials, and massing are similar and compatible with other structures in the immediate area and are consistent with the scenic quality of the View Considerations Overlay zone.
4. The proposed mixed-use development with related demolition and new public improvements is consistent with the General Plan, Local Coastal Plan and General Plan Land Use category of Mixed Use.
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5. The proposed mixed-use development with related improvements is compatible with the nearby existing uses and will not be detrimental to the health, safety, morals, comfort or general welfare of persons living or working in the surrounding area of the proposed project.
6. The proposed mixed-use development with related improvements 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 proposed mixed-use development with related improvements will not impair the desirability of investment or occupation in the neighborhood.
8. The site is physically suitable for construction of project improvements to provide support for a mixed-use development.
9. The proposed mixed use development with related improvements is in keeping with the character of the surrounding area comprised of apartments, single- family residences, hotels, motels, restaurants, other retail commercial uses, and visitor-serving uses, and is consistent with the zoning of the project site.
10. The proposed project will not significantly alter existing natural landforms because the project site does not contain prominent natural landforms.
11. The height, bulk, and scale of the proposed development is compatible with the adjacent area and with the surrounding views and other Local Coastal Program Land Use Plan considerations as designed.
C. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT
1. The proposed use is allowed with a conditional use permit within the subject zoning district and complies with all applicable provisions of this Zoning Code because various retail commercial and housing types are allowed within the C- 1 and RR zoning districts.
2. The proposed use is consistent with the General Plan /Local Coastal Plan because commercial and single-family residential uses in an airspace condominium arrangement are allowed in the Mixed Use category.
3. The approval of the conditional use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA).
4. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity because there are other three-story attached residential uses and other commercial uses nearby, and
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5. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located because the downtown district encourages coastal architectural character.
D. FINDINGS FOR APPROVAL OF VESTING TENTATIVE PARCEL MAP No. 3240
The subdivision of the project into 39 residential condominiums and 4 commercial condominium units on two lots will comply with the requirements of the Subdivision Map Act (MA):
1. The subdivision of commercially zoned property into a mixed-use condominium project does not conflict with any Subdivision Map Act provision.
2. The subdivision of commercially zoned property into mixed-use condominiums, together with provisions for design and improvements is consistent with the City’s General Plan/Local Coastal Program with the incorporation of the Conditions.
3. Waste disposal from the project will not result or be substantially different from what exists on site now or add to a violation of existing California Regional Water Quality Control Board regulations for infrastructure (MA 66474.6)
4. There are no identified grounds for tentative map denial (MA 66474).
5. The proposed vesting tentative parcel map and subdivision design and improvements are consistent with applicable General Plan requirements, including provisions relating to archaeology and multi-family development design, in that appropriate conditions of approval will be applied. Standard infrastructure regulations will be applied additionally, the City Engineer will apply project specific requirements for water supply, sewage disposal, drainage and access (MA 66474).
6. The site is physically suitable for a mixed-use condominium development in that its location is of adequate size and topography to accommodate the development, the site is zoned for commercial and residential uses, other condominiums have been developed in the vicinity, and because no site features exist which would be detrimental to residential occupancy.
7. The subdivision design or improvements are unlikely to cause substantial environmental damage or adversely impact fish or wildlife or their habitat, and are unlikely to pose serious public health problems.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Pismo Beach as follows:
1. The foregoing recitals are hereby adopted as findings of fact in support of this resolution.
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2. The Planning Commission hereby approves Project No. P24-000074 and Categorical Exemption 2025-013, with the above findings and subject to conditions as set forth in Exhibit A, attached hereto an incorporated herein by this reference.
UPON MOTION OF Commissioner Oberhelman, seconded by Commissioner Journey, the foregoing resolution was adopted by the Planning Commission of the City of Pismo Beach this 10th day of June 2025, by the following vote:
AYES: 4 Oberhelman, Journey, Jewell, Malone Prichard
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 1 Summer
Approved: Attest:
________________________ ___________________________
Clare Malone Prichard, Chair Brianna Whisenhunt, Secretary IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ___________________________
Brianna Whisenhunt, Secretary
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EXHIBIT A
CITY OF PISMO BEACH CONDITIONS
PLANNING COMMISSION MEETING OF JUNE 10, 2025
PERMIT NO. P24-000074, CDP/CUP/AR/VTM
LOCATION – 1481 PRICE, 1331 PRICE, 1370 DOLLIVER
APNS 005-062-003, 005-062-004, 005-064-002, 005-064-003, 005-064-012 The conditions set forth in this permit affect the title and possession of the real property that is the subject of this permit 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 permit 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 permit.
AUTHORIZATION: Subject to the conditions stated below, approval of Permit P24- 000074 grants a coastal development permit, conditional use permit, architectural review permit, and vesting tentative map 3240 approval for the Gateway project a new mixed- use development of 4 commercial spaces and 39 residential dwelling units proposed pursuant to State Density Bonus Law, creation of a public Gateway plaza, public right of way improvements, demolition of existing residential and commercial structures on-site located at 1481 Price, 1331 Price, and 1370 Dolliver, and as further described in the Planning Commission staff reports dated May 27, 2025 and June 10, 2025. Approval is granted only for the use as herein stated; any proposed changes shall require approval of amendments to these permits by the City of Pismo Beach.
EFFECTIVE DATE: This permit shall become effective upon the passage of 10 days following approval by the Planning Commission, provided that an appeal has not been filed to the City Council within 10 working 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 this permit. The permits will expire on June 10, 2027, unless inaugurated prior to that date. Time extensions are permitted pursuant to Zoning Code Section 17.121.160 (2).
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 permit is 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
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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 project; or my failure to comply with conditions of approval. This agreement shall be binding on all successors and assigns.
I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY WITH ALL ATTACHED
STATED CONDITIONS OF THIS PERMIT
Approved by the Planning Commission on June 10, 2025.
__________________________________ _______________________ Owner/Applicant Date
__________________________________ _______________________ Owner/Applicant Date
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CONDITIONS, POLICIES, AND SELECTED CODE REQUIREMENTS FOR PROJECT NO. P24-000074
LOCATION: GATEWAY MIXED-USE DEVELOPMENT, 1481 PRICE, 1331 PRICE, AND 1370 DOLLIVER STREETS
APNS 005-062-003, 005-062-004, 005-064-002, 005-064-003, 005-064-012 Conditions as indicated below have been deemed to be of a substantive nature on the basis of the Planning Commission’s decision. These conditions cannot be altered without Planning Commission approval.
A. CONDITIONS TO BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
PLANNING DIVISION:
1. 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 conditions of approval. Project shall comply with the standards noted in the table below, as approved pursuant to State Density Bonus Law:
Item Proposed
Lot Size Lot 1: 0.421 acre, 13,223sf
Lot 2: 0.790 acre, 24,084sf
Includes 4 commercial condominiums
and 39 residential condominiums
Building Height Building 1 41.5 feet above e.g.; Building 2 45 feet above e.g. per Density Bonus
waiver.
Building Floor Area Lot 1 29,176sf FAR; Lot 2 43,835sf FAR (C-1) and 11,121sf FAR (RR)
Lot Coverage Lot 1 69%; Lot 2 74% (C-1) and 57%
(RR) per Density Bonus waiver
Planting Area Lot 1 10%; Lot 2 9% (C-1) and 13% (RR)
per Density Bonus waiver
Front setback 0’ in C-1 zone; Lot 2: 5’9 ¼” (RR zone)
per Density Bonus waiver
Side setback 0’ in C-1 zone; Lot 2: 1’5 ¼” (RR zone)
per Density Bonus waiver
Rear 0’ in C-1 zone, Lot 2: 9’6” (RR Zone)
Parking spaces 66 on-site spaces provided for residential and commercial where a total of 87
spaces would be required. Density
Bonus Concession of 21 parking spaces
approved per Density Bonus Law.
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Proposed off-site commercial spaces
provided 20 total spaces.
Density Base density is 30 units. 39 residential
dwelling units proposed per Density
Bonus Law
2. As a Density Bonus Law mixed-use project with existing dwelling units on-site the project is required per Senate Bill 330 to replace existing on-site housing at an income level commensurate with the existing residents’ income status or if income status is unknown then replacement housing is to be replaced consistent with US Department of HUD’s Comprehensive Housing Affordability Strategy (CHAS) database which utilizes citywide census data for low- and very-low income household and which equates to a replacement housing requirement of 5 units.
Should the total number of housing units including illegally converted units be determined to exceed 10 units, the number of replacement units may increase based on SB 330 requirements.
3. The project shall be compliant with Senate Bill 330, including all requirements for replacement housing and relocation assistance shall be provided to protected housing units eligible for relocation assistance in compliance with the law.
Relocation assistance shall also include a right of first refusal to a comparable unit.
4. A deed restriction for a period of 45 years shall be prepared and recorded prior to or concurrent with the sale of each affordable for-sale unit in compliance with SB 330 which meets requirements for owner income qualification and re-sale restrictions/equity-sharing as required by California Government Code section 65915(c). The Deed Restriction shall be reviewed and approved by the City prior to recordation.
5. Concurrent with recordation of the final map or prior to issuance of a building permit, a deed restriction shall be prepared by the City and recorded with the County Recorder’s office to prohibit all residential condominiums from being used as vacation rentals. The restriction against vacation rental use shall also be included as a provision in the CC&R’s for Tract 3240 with language to be reviewed and approved by the Community Development Director.
6. The applicant shall record a public access easement and/or agreement over the Plaza identifying it as a public amenity benefit open to the public to be maintained in perpetuity with maintenance responsibilities to be borne by the Homeowner’s Association (HOA) for Tract 3240. The public easement/agreement and maintenance responsibilities shall also be identified in the Tract CC&Rs to the satisfaction of the Community Development Director.
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7. An easement or use agreement shall be prepared by the City, recorded over the property and incorporated into the Tract 3240 CC&R’s which allows for permanent use by the City of the bulletin board located in the Gateway Plaza.
8. Upon Planning Commission approval of the project with the Bay Street one way alignment, that decision will be forwarded to City Council as a Planning Commission recommendation for City Council approval for the conversion of Bay Street to one-way.
9. The traffic study recommendations prepared by Central Coastal Transportation Consulting in a report dated January 2025 shall be incorporated into building plans submitted for building permit approval.
10. Recommendations included in the archaeological report prepared by SWCA Environmental Consultants dated December 3, 2024 shall be incorporated into the project including an archaeological monitoring plan for archaeological monitoring during initial ground disturbing activities which shall be reviewed and approved by the Planning Division prior to issuance of a building permit. Should cultural materials be encountered during ground disturbance, additional testing and monitoring may be required.
11. Recommendations included in the Noise Evaluation study prepared by Ambient Consulting dated March 2025 shall be incorporated into the building plans submitted for building permit approval.
12. Future sign permit approval for commercial spaces shall be consistent with the signage program shown on approved plans.
13. COMPLIANCE WITH SOIL REPORT. Grading and construction plans shall reflect all recommendations as proposed in the Soil Engineering Report prepared by GeoSolutions dated April 2025 for the building permit application.
14. COLORS AND MATERIALS. Colors and materials shall be consistent with those shown on the color board as reviewed and approved by the Planning Commission.
Any changes shall be approved by the Community Development Director.
15. LIGHTING PLAN. Building plans shall show all locations and types of outdoor lighting and shall be consistent with the lighting specifications submitted with the planning application. Shielding shall be used to confine light spread to the project site, excluding project required streetlights located in the public right of way.
Lighting shall meet one footcandle minimum distributed evenly across the parking lot areas and two footcandles at the surface for walkway areas.
16. 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 Planning Division. Detailed calculations shall be provided on building plans indicating the provision of landscape area consistent
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with the plans approved by the Planning Commission and limited to the amount of landscaping waiver percentage approved pursuant to the State Density Bonus Law provisions. The Plans shall include that portion of landscaping to be installed in the city right of way. The landscape plan shall include the following provisions:
a. Use of low-water-using irrigation systems. Drip irrigation shall be used where feasible.
b. Landscape Design Plan (including plant list)
c. Irrigation Design Plan
d. Tree list, including mature height of all trees.
e. Street trees shall be planted on street frontages consistent with the requirements of the City of Pismo Beach Municipal Code and consistent with the City’s street trees list.
f. Street trees shall be maintained consistent with Chapter 12.12 of the Municipal Code
17. Soil remediation shall be completed to the satisfaction of the appropriate county agency, and such approval or sign off shall be submitted for review and approval prior to the issuance of a building permit. The applicant shall submit a plan that addresses how onsite and offsite residual soil contamination and groundwater contamination will be addressed, if encountered on site, as part of project grading activities including all utility excavation. Said plan shall address the handling and disposal of any contaminated soil/groundwater encountered. The applicant shall submit the plan to the City as part of their building permit application and to San Luis Obispo County Environmental Health and the Central Coast Water Board for review and approval as applicable.
BUILDING DIVISION:
1. As applicable, all construction shall conform to the edition of the applicable 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.
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. Multiple permits will be required for the project which would include permits for the
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separate structures, grading at each site, fire sprinklers, photovoltaic systems, and demo demolish each existing structure on the site as necessary to allow the new project to proceed.
5. The accessibility elements throughout will need to be shown, detailed, and / or noted on the plans to verify compliance with CBC Chapter 11A and/or 11B depending on the project scoping. These should include items such as: accessible parking, path of travel, restroom design, accessible amenities, rooms, doors, electrical outlets, ev charging, etc.
6. 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.
7. Underground electric service conductors are required.
8. The proposed project creates additional dwelling units, which requires the assignment of separate addresses. Please complete the address request application found on the city website and submit for approval. The approved addresses will be required prior to building permit issuance.
9. An automatic fire sprinkler system is required within the structure, to include the new dwelling units and commercial space.
10. 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:
x Topographical relationship of noise sources and dwelling site. x Identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure considering present and future land usage.
x 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.
x 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.
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B. 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.
PLANNING DIVISION
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.
C.CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY:
BUILDING DIVISION
1. Prior to Building Division final approval, all required inspections from the other various divisions must have been completed and verified by a city inspector.
D.CONDITIONS SUBJECT TO ONGOING COMPLIANCE:
1. 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.
2. 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.
3. 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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PC-R-2025-013
ENGINEERING CONDITIONS:
I. The following General Improvement Requirements shall be met prior to the issuance of a building permit:
1. The planning application shall include the approximate location and extents of a dedication of right of way for a future roundabout at the intersection of Dolliver Street/Price Street/US101 Southbound Offramp.
2. The preliminary plans in support of a planning application shall depict new fire hydrants along Price Street, Bay Street, and Harloe Ave to the satisfaction of the Fire Department, including locations of proposed parking prohibitions.
3. The project is required to relocate existing overhead utilities along the project frontages underground.
4. A portion of the of the proposed development is along Caltrans right of way (Dolliver St).
i. Driveways, drainage, landscaping, lighting, walls along Caltrans frontage will also require Caltrans approval.
5. Caltrans approval is required for encroachments into Caltrans right of way of permanent structures including but not limited to stairs and retaining walls.
6. Engineering standard notes shall be placed on the plans at time of building permit application submittal. A copy may be obtained through the Engineering Division.
7. Maintain clear access to existing sewer and water for maintenance on Bay St.
8. A final traffic study is required to review the proposed development regarding the potential impacts and recommend improvements (turn lanes, widening).
9. Landscaping and street trees are required along Price Street, Dolliver, Harloe Ave, and Bay Street public right of way. Trees spacing shall be a maximum of 30 feet.
The City Public Works Department and Community Development Department shall approve any landscaping and irrigation within a public right of way. All landscaping and irrigation shall be maintained by the property owner.
10. Private improvements including retaining walls shall not be allowed within the public right of way without an encroachment agreement. Agreement must be reached with City Council, signed and recorded prior to issuance of Building Permit. Applicant shall understand that receiving a Conditional Use Permit does not in any way guarantee that an agreement can, or will, be reached with the City Council for the encroachment into the right-of-way.
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PC-R-2025-013
11. The proposed development shall maintain conformance with the City’s Regional Stormwater Permit, 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.
i. Prior to building permit final, record a private stormwater maintenance agreement with project-specific operations & maintenance manual.
12. The existing groundwater monitoring wells shall be abandoned to the satisfaction of the Regional Quality Control Board and San Luis Obispo County Environmental Health Department
13. Street Improvements Summary:
i. Price Street, Dolliver Street, Harloe Ave, and Bay St.
1. 10 foot wide decorative pavers sidewalks and ADA driveways
2. Roadway widening, turn lanes, lane striping improvements as required based on traffic study report recommendations
3. Retaining walls (if needed) to be located outside of public right of way
14. 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.
15. Appropriate City standards shall be referred to on the plans and shall be included on a detail sheet within the plan set.
16. 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.
17. A waiver shall be granted for any excavation in the roadway per the Pavement Cut Ordinance (O-2018-003). If a waiver is granted, the roadway shall be repaired in accordance with the guidelines included in the Pavement Cut Ordinance.
18. The applicant shall install, at a minimum, one street tree per 30 feet of frontage.
Tree planting, location, and species shall be accomplished in accordance with the city's street tree planting standards.
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PC-R-2025-013
19. Intersection sight 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.
20. Dead end parking areas must be provided with adequate turn-around area, assuming all spaces are filled.
21. The applicant shall provide a current title report to the Engineering Division.
22. Driveways and driveway approaches shall be located and constructed per City of Pismo Beach standards. Profiles shall be provided for all interior driveways.
23. 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 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.
24. Due to the number of utility trenches required for this project a pavement overlay on Price Street, Dolliver Street and Harloe Avenue along the frontage of the project is required to extend to roadway centerline.
25. 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.
II. Grading and Drainage Plans
26. A Preliminary Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer.
27. All grading and drainage improvements shall be designed and constructed in accordance with the City’s Grading and Storm Water Discharge Ordinances and subject to approval by the City Engineer.
28. The County of San Luis Obispo Hydrology Drainage Standards will be utilized to verify that stormwater runoff resulting from the proposed development will be adequately controlled to reduce impacts to downstream facilities. In addition, the Post-Construction Stormwater Requirements for development projects in the Central Coast Region will be required to determine which performance
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requirement the development project is subject to. The stormwater design shall be submitted for review and approval by the City Engineer. A Stormwater Control Plan application, calculations and/or a drainage report must be submitted with the plans.
29. A Water Pollution Control Plan (WPCP) shall be submitted.
30. 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 to the Public Works Department Standards and Specifications.
31. 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.
32. 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.
33. 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.
III. Utilities
34. The applicant shall submit a composite utility plan and is responsible for installing all utilities.
35. All wire utility services to the project shall be located underground.
36. All existing above ground utilities located on the property and property frontages shall be relocated underground. No additional new poles shall be placed as a result of the undergrounding without prior approval from the City Engineer.
37. The applicant is responsible for securing the Public Utility applications and signatures for proposed utility relocations (PG&E, Charter, AT&T, SoCal Gas). Public Utility plans and comments shall be forwarded to the City Engineer for approval.
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38. Streetlights shall be installed at locations per a photometric plan and approved by the City Engineer.
IV. Prior To Recording of the Final Map:
39. The subdivision shall be recorded with a final map. The map preparation and monumentation shall be in accordance with the City’s Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The map shall use U.S.
Customary Units in accordance with the current City Engineering Standards. A separate application, checklist, and final map review fee shall be paid at the time of final map processing. The applicant shall provide recording fees, a final tax bond and final subdivision guarantee prior to recording.
40. CC&R’s must be submitted for review and approval.
41. Condominium Plans must be submitted for review and approval.
42. The final map shall include Irrevocable Offers of Dedication for road right of way or pedestrian easements as necessary if existing right of way is insufficient for public improvements, as well as right of way for a future roundabout at the intersection of Dolliver Street, Price Street, and the Southbound US 101 Offramp.
43. 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 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
Monumentation Bond………100% of installation costs
44. Final property corners shall be installed or bonded for. -END-
Attachment 4
Council Agenda 9-2-2025 11.A-62
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08/21/2025
THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
T1
CDP
SUBMITTAL
PROJECT DIRECTORY
CLIENT/APPLICANT:COASTAL COMMUNITY BUILDERS, INC.
ADDRESS: 330 JAMES WAY STE 270
PISMO BEACH, CA 93449
CONTACT: CAM BOYD
EMAIL: [email protected]
PHONE: (866) 497-5776
ARCHITECT:EHD STUDIO, INC.
ADDRESS: 5960 WEST MALL SUITE B
ATASCADERO, CA. 93422
CONTACT: EDDIE HERRERA
EMAIL: [email protected]
PHONE: (805) 556-7997
CIVIL ENGINEER:GARING, TAYLOR & ASSOCIATES, INC.
ADDRESS:141 S ELM STREET
ARROYO GRANDE, CA 93420
CONTACT:PERRY MCBETH
EMAIL:[email protected]
PHONE:(805) 498-1321
THE GATEWAY MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
TITLE SHEET
PROJECT SUMMARY
PROJECT ADDRESS:1421 PRICE STREET
1331 PRICE STREET
1370 DOLLIVER STREET
LOT #:PARCELS 1, 2, 3, 4 & 5
APN:PARCEL 1: 005-062-003, PARCEL 2: 005-062-004
PARCEL 3: 005-064-002, PARCEL 4: 005-064-003
PARCEL 5: 005-064-012
LOT SIZE: +/-1.2 ACRES (+/-52,057 SF)
CITY ZONING MAP DESIGNATION:1983 COASTAL ZONE MAP NORTH ZONING:C-1 (RETAIL COMMERCIAL) & RR (RESORT RESIDENTIAL) CURRENT USE:RETAIL COMMERCIAL
ADJACENT ZONES: C-1 (RETAIL COMMERCIAL), RR (RESORT RESIDENTIAL) & R-4 (HOTEL-MOTEL & VISITOR SERVICING)
COASTAL ZONE:YES
ARCHEOLOGICAL ZONE:YES
TRANSFER DENSITIES ZONE:NO
VISITORS-SERVING ZONE:NO
PUBLIC VISITOR ZONE:NO
OPEN SPACE ZONE:NO
HAZARDS/PROTECTION ZONE:NO
FLOOD PLAINE ZONE:NO
NOISE OVERLAY ZONE:YES
AMUSEMENT HALL/RETAIL
COMMERCIAL ZONE:
NO
HEIGHT LIMITATION ZONE:NO
VIEW CONSIDERATIONS ZONE:YES
ALLOWABLE BUILDING HEIGHT:
(SEC 17.102.010) (CENTER OF
BLDG. FOOTPRINT ABOVE SITE
GRADE)
DESIGN ELEMENT D-2A (SMALL SCALE)
C-1 ZONE = 35-FEET **+ 5.25-FEET*
R-R ZONE = 35-FEET + 5.25-FEET*
*15% HEIGHT LIMIT INCREASE ALLOWED FOR BUILDING
APPURTENANCES AND ARCHITECTURAL EXTENSIONS,
SUCH AS ELEVATORS, MECHANICAL, APPURTENANCES OR
OTHER TOWERS THROUGH CUP OR DEVELOPMENT PERMIT
APPROVAL.
**C-1 ZONE = 35-FEET IN COASTAL ZONE PER CITY LAND
USE DESIGN ELEMENT
ALLOWABLE LOT COVERAGE:
(SEC 17.102.080)
C-1 ZONE = 80% MAX
RR ZONE = 55% MAX
PROPOSED LOT COVERAGE
(REFER TO SHEET T7)
LOT 1 (C-1)= 13,092 SF/18,337 SF=69%
LOT 2 (C-1)=18,808 SF/25,090 SF= 74%
LOT 2 (R-R)=4,928 SF/8,958 SF= 55%
LOT COVERAGE (ALL SITES COMBINED)
36,827 SF/52,385 SF= 70%
MAX F.A.R:
(SEC 17.102.090)
C-1 ZONE = 200%
RR ZONE = 125%
LOT 1 (C-1)= 18,337 SF X 2.00= 36,674 SF MAX
LOT 2 (C-1)= 25,090 SF X 2.00= 50,180 SF MAX
LOT 2 (R-R)=8,958 SF X 1.25= 11,198 SF MAX
PROPOSED F.A.R:
(REFER TO SHEET T8 &T9)
LOT 1 (C-1)= 29,755 SF
LOT 2 (C-1)= 46,161 SF
LOT 2 (R-R)= 11,082 SF
MIN LANDSCAPE AREA:
(SEC 17.102.095)
C-1 ZONE = 10% MIN.
RR ZONE = 20% MIN.
PROPOSED LANDSCAPE AREA:
(REFER TO SHEET T10)
LOT 1 (C-1)= 2,079 SF/18,337 SF= 11%
LOT 2 (C-1)= 2,743 SF/25,090 SF= 11%
LOT 2 (R-R)= 2,016 SF/8,958 SF= 23%
PROJECT DESCRIPTION
THE SCOPE OF THIS PROJECT PROPOSES A MULTI-STORY COMMERCIAL / RESIDENTIAL MIXED-USE DEVELOPMENT. THE PROJECT CONCEPT PROPOSES AN ENTRY ART/SIGN MONUMENT KNOWN AS THE “GATEWAY PLAZA”. THE GATEWAY PLAZA IS THE “GATEWAY” TO PISMO BEACH AND IS LOCATED AT THE CO BEACH AT THE CORNER OF PRICE STREET AND DOLLIVER STREET. THE GATEWAY PLAZA IS A PUBLIC AMENITY BENEFIT FEATURE TO THE OVERALL PROJECT DEVELOPMENT.
THE PROPOSED PROJECT OFFERS PUBLIC RIGHT-OF-WAY IMPROVEMENTS ALONG PRICE STREET, DOLLIVER STREET, BAY STREET, AND HARLOE STREET. ADDITIONAL ANGLED & PARALLEL PARKING
CENTRALIZED ALONG PRICE STREET IS PROPOSED TO PROMOTE PEDESTRIANS ACCESS AND DOWNTOWN COMMERCIAL SHOPPING AREAS. BAY STREET PROPOSES ONE-WAY PARALLEL PARKING TO PROMOTE A PEDESTRIAN CENTRIC STREET. THE EXISTING PARALLEL PARKING AT BAY STREET WILL DECREASE AS SHOWN ON SHEET T11 “PARKING EXHIBIT”. THE STREET PARKING MODIFICATION AT
BAY STREET WILL ACCOMODATE THE PROPOSED ONE-WAY STREET IMPROVEMENTS SUCH AS NEW
DRIVEWAY APRONS AND NEW LANDSCAPE STREET CORNER BULB-OUTS AT BOTH PRICE AND DOLLIVER INTERSECTIONS.
A TOTAL OF FIVE EXISTING PARCELS WILL BE MADE PART OF THE PROPOSED DEVELOPMENT, CREATING TWO NEW LOTS. LOT 1 AND LOT 2, REFER TO VESTING TENTATIVE MAP. THE GROUND FLOOR WILL
INCLUDE ON-SITE PARKING INTERNAL TO THE PROJECT WHILE PROVIDING COMMERCIAL FRONTAGE ALONG PRICE STREET. TWO UPPER FLOORS ABOVE THE GROUND FLOOR COMMERCIAL AND PARKINGS
AREAS WILL ACCOMODATE RESIDENTIAL CONDOMINIUMS WITH DEDICATED COMMON OPEN SPACE AREAS AND INDIVIDUAL PRIVATE USE DECKS.
THE PROJECT PROPOSES A MIXTURE OF THIRTY THREE (33) 2-BEDROOM UNITS AND SIX (6) 1-BEDROOM OR STUDIO WHICH INCLUDE AFFORDABLE “REPLACEMENT” UNIT TYPES. THIS PROJECT WILL USE STATE DENSITY BONUS LAW TO INCREASE THE ALLOWABLE BASE DENSITY. A TOTAL OF FOUR (4)-LOW INCOME AFFORDABLE UNITS , ONE (1)-VERY LOW INCOME AFFORDABLE UNITS, AND (34)-MARKET RATE UNITS ARE PROPOSED WITH THE PROJECT. THE PROJECT QUALIFIES FOR 1 CONCESSION/INCENTIVE BASED ON THE AFFORDABLE UNITS AND INCOME LEVEL PROPOSED, INCLUDING ADDTIONAL WAIVERS.
THE FIVE (5) AFFORDABLE UNITS SATISFY THE TOTAL EXISITING “REPLACEMENT” UNITS REQUIRED
BY DENSITY BONUS LAW AND THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) DATABASE.
THE PROJECT IS CONSISTENT WITH THE PISMO BEACH DOWNTOWN STRATEGIC PLAN AND SHALL COMPLY WITH THE CITY’S DEVELOPMENT STANDARDS. THE APPLICANT IS REQUESTING 1 INCENTIVE/ CONCESSION, INCLUDING ADDITIONAL WAIVERS AS OUTLINED ON SHEET T2, “CONCESSIONS/ INCENTIVES/WAIVERS” SUMMARY. THESE CONCESIONS/INCENTIVES/WAIVERS ARE REQUESTS TO
THE THE DEVELOPMENT STANDARDS THAT WOULD PHYSICALLY PREVENT THE PROJECT FROM BEING BUILT AT THE PERMITTED DENSITY. THE PROJECT PROPOSES MODIFICATION OF THE DEVELOPMENT
STANDARDS TO INCREASE THE ALLOWABLE BUILDING HEIGHT DUE TO THE SLOPED TOPOGRAPHY CONSTRAINTS OF THE SITE AND IRREGULARITY OF THE EXISTING LOT.
THE PROJECT IS DESIGNED TO THE CLASSIC CALIFORNIA ARCHITECTURAL STYLE, TO BE CONSISTENT WITH THE DOWNTOWN STRATEGIC PLAN.
SHEET INDEX
TITLE SHEET T1
BUILDING STATISTICS T2
SURVEY NOTES T3
TOPOGRAPHIC SURVEY T4
EXISTING AND DEMOLITION PLAN T5
ZONING/DENSITY EXHIBIT T6
LOT COVERAGE EXHIBIT T7
F.A.R. LOT 1 EXHIBIT T8
F.A.R. LOT 2 EXHIBIT T9
LANDSCAPE COVERAGE EXHIBIT T10
SITE PARKING EXHIBIT T11
SITE REFERENCE POINTS AND ROOF HIGH POINTS EXHIBIT T12
BUILDING HEIGHT CALCULATION SUMMARY T13
BUILDING HEIGHT EXHIBIT T14
SETBACK ENCROACHMENT EXHIBIT T15
EXISTING CONDITIONS C1
PRELIMINARY GRADING AND DRAINAGE C2
PRELIMINARY UTILITY PLAN C3
MOOD BOARD A1
SITE/GROUND FLOOR PLAN A2
SECOND FLOOR PLAN A3
THIRD FLOOR PLAN A4
BUILDING 1 - EXTERIOR ELEVATIONS A5
BUILDING 1 - EXTERIOR ELEVATIONS A6
BUILDING 2 - EXTERIOR ELEVATIONS A7
BUILDING 2 - EXTERIOR ELEVATIONS A8
BUILDING SITE SECTIONS A9
BUILDING SITE SECTIONS A10
PRIVACY/RETAINING WALL SECTIONS A11
UNIT PLANS A12
UNIT PLANS A13
UNIT PLANS A14
UNIT PLANS A15
UNIT PLANS A16
UNIT PLANS A17
UNIT PLANS A18
PERSPECTIVE - PRICE STREET VIEW A19
PERSPECTIVE - PRICE STREET VIEW A20
PERSPECTIVE - DOLLIVER STREET VIEW A21
PERSPECTIVE - CORNER OF BAY & DOLLIVER A22
PERSPECTIVE - CORNER OF BAY & DOLLIVER A23
FEATURE PLAZA - CORNER OF PRICE & DOLLIVER A24
VIEW ANALYSIS STUDIES - HIGHWAY 101 A25
VIEW ANALYSIS STUDIES - PRICE STREET A26
COLORS & MATERIALS BOARD A27
PRESPECTIVE RENDER - STREETSCAPE VIEWS A28
PERSPECTIVE RENDER - CORNER OF PRICE & DOLLIVER A29
SIGNAGE PROGRAM A30
LANDSCAPE PALETTE & IMAGERY L1
LANDSCAPE PLAN - GROUND FLOOR L2
LANDSCAPE PLAN - 2ND FLOOR L3
LANDSCAPE PLAN - 3RD FLOOR L4
SITE PHOTOMETRIC E1
LIGHT FIXTURE CUT SHEETS E2
TOTAL SHEET COUNT 54
VICINITY MAP
PROJECT SITE: CORNER OF
PRICE STREET & DOLLIVER STREET
REQUIRED PROPOSED
FRONT SETBACK LOT 1 (C1-ZONE)
(SEC 17.102.020)
NONE, EXCEPT MIN. 10-FEET WHEN LOT
ABUTS A RESIDENTIAL ZONE
NONE PROPOSED
FRONT SETBACK LOT 2 (C1-ZONE)
(SEC 17.102.020)
NONE, EXCEPT MIN. 10-FEET WHEN LOT
ABUTS A RESIDENTIAL ZONE
21’-8” (HARLOE)
FRONT SETBACK LOT 2 (RR-ZONE)
(SEC 17.102.020)
RR ZONE =15 FT MIN. REQUIRED ENCROACHMENT WAIVER
REFER TO SHEET T2 & T15
SIDE SETBACK LOT 1 (C1-ZONE)
(SEC 17.102.030
NONE REQUIRED NONE PROPOSED
SIDE SETBACK LOT 2 (C1 ZONE)
(SEC 17.102.030
NONE REQUIRED NONE PROPOSED
SIDE SETBACK LOT 2 (RR-ZONE)
(SEC 17.102.030
20% OF LOT WIDTH (NO LESS THAN
7 FT OR MORE THAN 10 FT (10 FT
REQUIRED)
ENCROACHMENT WAIVER
REFER TO SHEET T2 & T15
REAR SETBACK LOT 1 (C1-ZONE)
(SEC 17.102.030)
NONE NONE PROPOSED
REAR SETBACK LOT 2 (C1-ZONE)
(SEC 17.102.030)
NONE NONE PROPOSED
REAR SETBACK LOT 2 (RR-ZONE)
(SEC 17.102.030)
10% OF LOT DEPTH (NO LESS THAN
5 FT OR MORE THAN 10 FT)
(9’-6” REQUIRED)
9’-6” PROPOSED
Attachment 5
EXCERPTED PLAN SHEETS ONLY
Council Agenda 9-2-2025 11.A-63
Packet Page 128
08/21/2025
UUnitt #PPlann #BBed/Bathh Count GGrosss Floorr Areaa
((sq.ft.)
Nett Floorr Areaa
(sq.ft.)
Floorr Level
RESIDENTIAL LOBBY 1 N/A 2240 216 1-LEVEL RESIDENTIAL LOBBY 2 N/A 3320 286 1-LEVEL COMMERCIAL RETAIL 1 N/A 6650 610 1-LEVEL COMMERCIAL RETAIL 2 N/A 11,950 1,905 1-LEVEL 3,160 3,017
101 2 1 BED / 1.5 BATH 945 881 2-LEVEL 102 5A 2 BED / 2.5 BATH 11,432 1,360 2-LEVEL 103 5A 2 BED / 2.5 BATH 11,432 1,360 2-LEVEL 104 5A 2 BED / 2.5 BATH 11,432 1,360 2-LEVEL 105 8 2 BED / 2.5 BATH 11,788 1,677 2-LEVEL 106 7 3 BED / 3.5 BATH 11,775 1,696 2-LEVEL 8,804 8,334
107 5A 2 BED / 2.5 BATH 1,432 1,360 3-LEVEL 108 5A 2 BED / 2.5 BATH 11,432 1,360 3-LEVEL 109 5A 2 BED / 2.5 BATH 11,432 1,360 3-LEVEL 110 8 2 BED / 2.5 BATH 11,788 1,695 3-LEVEL 111 7 3 BED / 3.5 BATH 11,775 1,696 3-LEVEL 7,859 7,471
TOTAL
19,823 18,822
RESIDENTIAL LOBBY 1 N/A 3318 293 1-LEVEL RESIDENTIAL LOBBY 2 N/A 11,070 890 1-LEVEL COMMERCIAL RETAIL 3 N/A 22,000 1,948 1-LEVEL COMMERCIAL RETAIL 4 N/A 11,100 1,071 1-LEVEL 4,488 4,202
**201 1A STUDIO 4460 415 1-LEVEL **202 1A STUDIO 4460 415 1-LEVEL **203 1A STUDIO 4460 415 1-LEVEL **204 1A STUDIO 4460 415 1-LEVEL 205 3 2 BED / 2 BATH 11,016 949 1-LEVEL 206 4A 2 BED / 2.5 BATH 11,277 1,206 1-LEVEL 4,133 3,815
207 5B 2 BED / 2.5 BATH 11,570 1,495 2-LEVEL 208 5B 2 BED / 2.5 BATH 11,570 1,495 2-LEVEL 209 6 2 BED / 2.5 BATH 11,708 1,627 2-LEVEL 210 4B 2 BED / 2.5 BATH 11,434 1,358 2-LEVEL 211 5B 2 BED / 2.5 BATH 11,570 1,495 2-LEVEL 212 5B 2 BED / 2.5 BATH 11,570 1,495 2-LEVEL **213 1B STUDIO 5515 470 2-LEVEL 214 5A 2 BED / 2.5 BATH 11,432 1,360 2-LEVEL 215 5B 2 BED / 2.5 BATH 11,570 1,495 2-LEVEL 216 5B 2 BED / 2.5 BATH 11,570 1,495 2-LEVEL 217 5C 2 BED / 2.5 BATH 11,646 1,568 2-LEVEL 16,155 15,353
218 5B 2 BED / 2.5 BATH 11,570 1,495 3-LEVEL 219 5B 2 BED / 2.5 BATH 11,570 1,495 3-LEVEL 220 6 2 BED / 2.5 BATH 11,708 1,627 3-LEVEL 221 4B 2 BED / 2.5 BATH 11,434 1,358 3-LEVEL 222 5B 2 BED / 2.5 BATH 11,570 1,495 3-LEVEL 223 5D 3 BED / 3.5 BATH 11,912 1,824 3-LEVEL 224 5A 2 BED / 2.5 BATH 11,432 1,360 3-LEVEL 225 5A 2 BED / 2.5 BATH 11,432 1,360 3-LEVEL 226 5B 2 BED / 2.5 BATH 11,570 1,495 3-LEVEL 227 5B 2 BED / 2.5 BATH 11,570 1,495 3-LEVEL 228 5C 2 BED / 2.5 BATH 11,646 1,568 3-LEVEL 17,414 16,572
42,190 39,942
56,313 53,230
5,700 5,534
62,013 58,764
** affordable unit
Buildingg && Unitt Areaa Breakdownn Summary
Buildingg 1
1-LEVELL TOTAL
2-- LEVELL TOTAL
3-LEVELL TOTAL
BUILDINGG 11 TOTAL
RESIDENTIALL TOTAL
COMMERCIALL TOTAL
**GGRRAANNDD TTOOTTAALL
* exclusive of parking, stairs, elevators, decks, patios, corridors, trash enclosures, storage rooms, etc.
Buildingg 2
1-LEVELL TOTAL
1-LEVELL TOTAL
2-LEVELL TOTAL
3-LEVELL TOTAL
BUILDINGG 22 TOTAL
THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
T2
CDP
SUBMITTAL
BUILDING STATISTICS
DENSITY CALCULATION
MIN. LOT AREA PER FAMILY
UNIT (SECT. 17.102.100)
R-R:RESIDENTIAL 1,450 SF
C-1 ZONE (AS SECONDARY USES): 2,000 SF
PARCEL 1 (C-1)18,337 SF/2,000SF= 9.17 UNITS (10 UNITS)
PARCEL 2 (C-1)25,090 SF/2,000 SF= 12.55 UNITS (13 UNITS) PARCEL 3 (R-R)8,953 SF/1450 SF= 6.17 UNITS (17 UNITS)
TOTAL DENSITY ALLOWED 3O BASE DENSITY UNITS ALLOWED
DENSITY BONUS LAW:
(CA.GOV. CODE SEC 65915-18)
1 INCENTIVE/CONCESSION ALLOWED BASED ON PERCENT
OF AFFORDABLE UNITS PROPOSED. ADDITOINAL WAIVERS
OR REDUCTIONS OF DEVELOPMENT STANDARDS MAY
BE REQUESTED AND LISTED IN THE “CONCESSIONS/
INCENTIVES/WAIVERS” SUMMARY, THIS SHEET. THERE
IS NO LIMIT TO AMOUNT OF WAIVERS OR REDUCTIONS OF
DEVELOPMENT STANDARDS THAT MAY BE REQUESTED.
PROPOSED DENSITY UNIT
BONUS (CA. GO. CODE SEC
65915-18)
AT LEAST 17% OF THE HOUSING UNITS ARE RESTRICTED TO
LOWER INCOME RESIDENTS BASE DENSITY & VERY LOW
INCOME RESIDENTS FOR A 30.50% DENSITY BONUS
30 BASE DENSITY UNITS X30.5%= 39.15 (ROUND UP) 40
UNITS ALLLOWED
PROPOSED DENSITY 39 DENSITY UNITS PROPOSED(REFER TO DENSITY BONUS
SUMMARY))
Lot 1 (C-1) Lot 2 (C-1) Lot 2 (R-R)
Gross Lot Area (ft)18,337.00 25,090.00 8,953.00 Lot Area/Unit (ft/DU)2,000.00 2,000.00 1,450.00 Base Density (DU)9.17 12.55 6.17
Rounding Up (DU)10 13 7
# Units (DU) Base Density
Percentage (fractions rounded up to next whole
number)
Density Bonus
# Units (DU) Base Density + Bonus
Units Allowed: Rounding Up (DU)
Units Proposed:
Incentives/Concesions Granted
Additional Waivers Allowed
Residential Parking Required (state code)
Guest Parking Required (state code)
Commercial Parking Required (city code)
Outdoor Patio Seating Parking Req. (city code)
Total Parking Required
(see parking statistics summary, this sheet)
Total "On-Site" Parking Proposed
(see parking statistics summary, this sheet)
Total "Off-Site" Parking Proposed
Total "On-Site/Off-Site" Parking Proposed 87 stalls
86.5 stalls
66 stalls
21 stalls
1 Yes
55.5 stalls (On-Site)
None
19 stalls (Off-Site)
12 stalls (Off-Site)
30.50%
39.15 40
39 Units Breakdown Proposed:
4 Low Income (replacement units)
1 Very Low Income (replacement units)
34 Market Rate Units
Project Bonus Density Summary
State Density Bonus Law
30 # Income Type Low Income & Very Low Income
16.66% or 17%
DENSITY BONUS SUMMARY CONCESSIONS/INCENTIVES/
WAIVERS
INCENTIVE/CONCESSION
REQUEST
REQUEST 21 OF THE 31 REQUIRED COMMERCIAL
SPACES TO BE PARKED “OFF-SITE” AS SHOWN ON
SHEET T11. 10 OF THE 31 REQUIRED COMMERCIAL
SPACES TO BE PARKED “ON-SITE” TO SATISFY
THE TOTAL COMMERICAL & OUTDOOR SEATING
PARKING REQUIREMENT.
WAIVER REQUEST 1 REQUEST A BUILDING HEIGHT INCREASE FOR BUILDINGS 1 AND 2, TO BE ABOVE THE ALLOWABLE
BUILDING HEIGHT OF 35-FEET. AS MEASURED
FROM EXISTING SITE GRADE. REFER TO THE
BUILDING HEIGHT WAIVER REQUEST, ON SHEET
T13.
WAIVER REQUEST 2 REQUEST BUILDING ENCROACHMENT INTO THE FRONT SETBACK AND SIDE SETBACK AT LOT 2
ALONG BAY AND DOLLIVER ST. REFER TO SHEET
T-15 FOR EXHIBIT OF AREAS OF ENCROACHMENT.
WAIVER REQUEST 3 REQUEST 8 FOOT PRIVACY CMU WALL, 2 FEET ABOVE THE MAXIMUM 6 FOOT HIGH WALL ALLOWED
FACING RESIDENTIAL AREA. REFER TO SHEET A11.
SITE WALL HEIGHT WAIVER, REFER TO SHEET A11
VIEW 1A.PARKING STATISTICS SUMMARY
RESIDENTIAL PARKING
REQUIRED (PER STATE DENSITY
MAXIMUM REQUIREMENTS)
1 STALL PER 1-BEDROOM UNIT
1.5 STALLS PER 2/3-BEDROOM UNIT
(5)-STUDIO OR 1-BEDROOM UNITS X 1 STALL/UNIT = 5
(34)-2-BEDROOM UNITS X 1.5 STALL/UNIT = 51
56 RESIDENTIAL STALLS REQUIRED
COMMERCIAL PARKING
REQUIRED
1 STALL PER 300 SF
OUTDOOR SEATING PARKING
REQUIRED
1 STALL PER 75 SF
5700 SF/300 SF PER STALL = 19
19 COMMERCIAL STALLS REQUIRED
900 SF/75 SF PER STALL = 12
12 OUTDOOR SEATING STALLS REQUIRED
TOTAL PARKING REQUIRED:87 TOTAL STALLS REQUIRED
RESIDENTIAL ON-SITE PARKING
PROPOSED
56 RESIDENTIAL ON-SITE STALLS PROPOSED
COMMERCIAL ON-SITE PARKING
PROPOSED
10 COMMERCIAL ON-SITE STALLS PROPOSED
TOTAL ON-SITE PARKING
PROPOSED
56 RESIDENTIAL ON-SITE STALLS
10 COMMERCIAL ON-SITE STALLS
66 TOTAL STALLS PROVIDED
COMMERCIAL ON-SITE PARKING
DEFICIENCY
21 STALLS DEFICIENT ON SITE
COMMERCIAL OFF-SITE
PARKING PROPOSED
NEW OFF-SITE STALLS ON PRICE ST.,
DOLLIVER ST. (SEE SHEET T11)
15 (N) COMMERCIAL OFF-SITE STALLS PROPOSED
6 (N) OFF-SITE MOTORCYCLE STALLS PROPOSED
21 TOTAL STALLS PROVIDED
PROJECT IS FULLY PARKED AS PROPOSED
EXISTING OFF-SITE PARKING 46 EXISTING PARALLEL OR ANGLED PUBLIC STREET PARKING STALLS AVAILABLE ON PRICE ST., DOLLIVER
ST., BAY ST. AND HAROE ST. (REFER TO SHEET T-5)
TOTAL PARKING AVAILABLE
ON-SITE & OFF-SITE
53 (N) RESIDENTIAL ON-SITE STALLS + 13(N)
COMMERCIAL ON-SITE STALLS+15(N) OFF-SITE
COMMERCIAL STALLS + 46 (E) OFF-SITE COMMERCIAL
STALLS+ 6 (N) OFF-SITE MOTORCYCLE STALLS ON
PRICE STREET =
133 TOTAL STALLS AVAILABLE
UNIT COUNT BREAKDOWN SUMMARY
DWELLING UNIT BREAKDOWN (4)- PLAN 1A
(1)- PLAN 1B
(1)- PLAN 2
(1)- PLAN 3
(1)- PLAN 4A
(2)- PLAN 4B
(9)- PLAN 5A
(11)- PLAN 5B
(2)- PLAN 5C
(1)- PLAN 5D
(2)- PLAN 6
(2)- PLAN 7
(2)- PLAN 8
TOTAL DWELLING UNITS (39)
Attachment 5
EXCERPTED PLAN SHEETS ONLY
Council Agenda 9-2-2025 11.A-64
Packet Page 129
08/21/2025
THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
T5
CDP
SUBMITTAL
EXISTING AND DEMOLITION PLAN
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Attachment 5
EXCERPTED PLAN SHEETS ONLY
Council Agenda 9-2-2025 11.A-65
Packet Page 130
08/21/2025
THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
T6
CDP
SUBMITTAL
ZONING /DENSITY EXHIBIT
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Attachment 5
EXCERPTED PLAN SHEETS ONLY
Council Agenda 9-2-2025 11.A-66
Packet Page 131
08/21/2025
THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
T11
CDP
SUBMITTAL
SITE PARKING EXHIBIT
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Attachment 5
EXCERPTED PLAN SHEETS ONLY
Council Agenda 9-2-2025 11.A-67
Packet Page 132
08/21/2025
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6LWH*URXQG)ORRU3ODQ
THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
A2
CDP
SUBMITTAL
SITE/GROUND FLOOR PLAN
0 SCALE
1/16” =1’-0”
816 32
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Packet Page 133
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THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
A5
CDP
SUBMITTAL
BUILDING 1 - EXTERIOR ELEVATIONS
1 BUILDING 1 - WEST ELEVATION
@ DOLLIVER ST.
2 BUILDING 1 - SOUTH ELEVATION
@ BAY ST.
0 SCALE
1/8” =1’-0”
48 16
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Packet Page 134
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THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
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CDP
SUBMITTAL
BUILDING 1 - EXTERIOR ELEVATIONSBUILDING 1 - EXTERIOR ELEVATIONS 3 BUILDING 1 - EAST ELEVATION
@ PRICE ST.
4 BUILDING 1 - NORTH ELEVATION
@ CORNER OF PRICE & DOLLIVER ST.
0 SCALE
1/8” =1’-0”
48 16
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THE GATEWAY PISMO MIXED-USE
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CDP
SUBMITTAL
BUILDING 2 - EXTERIOR ELEVATIONS
1 BUILDING 2 - EAST ELEVATION
@ PRICE ST.
2A BUILDING 2 - WEST ELEVATION
@ DOLLIVER ST.2B BUILDING 2 - WEST ELEVATION
@ ADJACENT LOT 0
SCALE
1/8” =1’-0”
48 16
Attachment 5
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THE GATEWAY PISMO MIXED-USE
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CDP
SUBMITTAL
BUILDING 2 - EXTERIOR ELEVATIONS
3 BUILDING 2 - NORTH ELEVATION
@ BAY ST.
4A BUILDING 2 - SOUTH ELEVATION
@ ADJACENT LOT 4B BUILDING 2 - SOUTH ELEVATION
@ HARLOE ST.0
SCALE
1/8” =1’-0”
48 16
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THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
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CDP
SUBMITTAL
BUILDING SITE SECTIONS
1 BUILDING 1 HEIGHT STUDY SECTION
@ DOLLIVER ST.
2 BUILDING 2 HEIGHT STUDY SECTION
@ HARLOE ST.0
SCALE
1/8” =1’-0”
48 16(E) 83.00’ SITE GRADE
@ BLDG EDGE
PROPOSED 126.00’ TOP
OF ROOF (POINT 2I)
MAX. ALLOWABLE BLDG.
HT. 118.50’
81.00’ F.S. (GARAGE ENTRY)
PROPOSED 126.00’ TOP
OF ROOF (POINT 2J)
MAX. ALLOWABLE BLDG.
HT. 117.00’
(E) 82.00’ SITE GRADE
@ BLDG EDGE
103.60’ F.F. (RETAIL 1)
91.60’ F.F. (LOBBY)
PROPOSED 134.00’ TOP
OF ROOF (POINT 1A)
MAX. ALLOWABLE BLDG.
HT. 138.65’
(E) 103.65’ SITE GRADE
@ BLDG EDGE
PROPOSED 133.00’ TOP
OF ROOF (POINT 1T)
MAX. ALLOWABLE BLDG.
HT. 132.85’
PROPOSED 134.50’ TOP
OF ROOF (POINT 1S)
MAX. ALLOWABLE BLDG.
HT. 132.00’
(E) 97.00’ SITE GRADE
@ BLDG EDGE
PROPOSED 133.00’ TOP
OF ROOF (POINT 1N)
MAX. ALLOWABLE BLDG.
HT. 129.00’
PROPOSED 134.50’ TOP
OF ROOF (POINT 1M)
MAX. ALLOWABLE BLDG.
HT. 128.00’
(E) 93.25’ SITE GRADE
@ BLDG EDGE (E) 91.00’ SITE GRADE
@ BLDG EDGE
NOTE: REFER TO SHEET T12 AND T13
FOR ADDITIONAL BUILDING HEIGHT
CALCULATIONS AND ROOF HIGH POINT
LOCATIONS
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THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
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CDP
SUBMITTAL
BUILDING SITE SECTIONS
0 SCALE
1/8” =1’-0”
48 16
3 BUILDING 2 HEIGHT STUDY SECTION
@ BAY ST.
4 BUILDING 2 HEIGHT STUDY SECTION
@ PRICE ST.
PROPOSED 126.00’ TOP
OF ROOF (POINT 2A)
MAX. ALLOWABLE BLDG.
HT. 128.00’
(E) 93.00’ SITE GRADE
@ BLDG EDGE
(E) 83.00’ SITE GRADE
@ BLDG EDGE
(E) 85.00’ SITE GRADE
@ BLDG EDGE
(E) 93.00’ SITE GRADE
@ BLDG EDGE
PROPOSED 129.50’ TOP
OF ROOF (POINT 2C)
MAX. ALLOWABLE BLDG.
HT. 125.50’
88.35’ F.F. (RETAIL 3 & 4)
85.70’ F.F. (LOBBY)
PROPOSED 126.00’ TOP
OF ROOF (POINT 2E)
MAX. ALLOWABLE BLDG.
HT. 122.25’
(E) 87.50’ SITE GRADE
@ BLDG EDGE
PROPOSED 128.00’ TOP
OF ROOF (POINT 2G)
MAX. ALLOWABLE BLDG.
HT. 120.50’
PROPOSED 129.50’ TOP
OF ROOF (POINT 2H)
MAX. ALLOWABLE BLDG.
HT. 119.50’
PROPOSED 126.00’ TOP
OF ROOF (POINT 2I)
MAX. ALLOWABLE BLDG.
HT. 118.50’
88.35’ F.F. (RETAIL 3)87.55’ F.F. (LOBBY)
PROPOSED 127.50’ TOP
OF ROOF (POINT 2Q)
MAX. ALLOWABLE BLDG.
HT. 119.85’
PROPOSED 126.00’ TOP
OF ROOF (POINT 2V(2))
MAX. ALLOWABLE BLDG.
HT. 125.50’
PROPOSED 126.00’ TOP OF ROOF
(POINT 2A)
MAX. ALLOWABLE BLDG. HT. 128.00’
(E) 91.00’ SITE GRADE @ BLDG EDGE
PROPOSED 126.00’ TOP
OF ROOF (POINT 2S)
MAX. ALLOWABLE BLDG.
HT. 122.00’
(E) 87.50’ SITE GRADE
@ BLDG EDGE
91.00’ F.S. (GARAGE ENTRY3)
NOTE: REFER TO SHEET T12 AND T13
FOR ADDITIONAL BUILDING HEIGHT
CALCULATIONS AND ROOF HIGH POINT
LOCATIONS
PROPOSED 127.50’ TOP
OF ROOF (POINT 2U)
MAX. ALLOWABLE BLDG.
HT. 125.10’
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THE GATEWAY PISMO MIXED-USE
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CDP
SUBMITTAL
PERSPECTIVE - PRICE STREET VIEW
2 METAL CANOPIES W/ RAISED
METAL LETTER SIGNAGE
LUXURY OCEAN-VIEW & DOWNTOWN RESIDENTIAL
CONDOMINIUMS W/ PRIVATE BALCONIES
SIMPLE BUILDING FORMS W/ FLOOR-TO-CEILING
GLAZING & COVERED PATIOS
ROUND COLUMNS & ACCENT WALLS TO CREATE
VERTICAL RHYTHYM
NEUTRAL/WARM COLOR TONES. “BEACH-THEMED”
MATERIALS & TEXTURES
PALM TREE ACCENTS W/
COASTAL PLANTS
1 3 4 5 6
125365344
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THE GATEWAY PISMO MIXED-USE
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SUBMITTAL
PERSPECTIVE - PRICE STREET VIEW
2 METAL CANOPIES W/ RAISED
METAL LETTER SIGNAGE
LUXURY OCEAN-VIEW & DOWNTOWN RESIDENTIAL
CONDOMINIUMS W/ PRIVATE BALCONIES
SIMPLE BUILDING FORMS W/ FLOOR-TO-CEILING
GLAZING & COVERED PATIOS
ROUND COLUMNS & ACCENT WALLS TO CREATE
VERTICAL RHYTHYM
NEUTRAL/WARM COLOR TONES. “BEACH-THEMED”
MATERIALS & TEXTURES
PALM TREE ACCENTS W/
COASTAL PLANTS
1 3 4 5 6
1 34 5612
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CDP
SUBMITTAL
PERSPECTIVE - DOLLIVER STREET VIEW
2 METAL CANOPIES W/ RAISED
METAL LETTER SIGNAGE
LUXURY OCEAN-VIEW & DOWNTOWN RESIDENTIAL
CONDOMINIUMS W/ PRIVATE BALCONIES
SIMPLE BUILDING FORMS W/ FLOOR-TO-CEILING
GLAZING & COVERED PATIOS
ROUND COLUMNS & ACCENT WALLS TO CREATE
VERTICAL RHYTHYM
NEUTRAL/WARM COLOR TONES. “BEACH-THEMED”
MATERIALS & TEXTURES
PLAN TREE ACCENTS W/
COASTAL PLANTS
1 3 4 5 6
3 2 46351
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THE GATEWAY PISMO MIXED-USE
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CDP
SUBMITTAL
PERSPECTIVE - CORNER OF BAY & DOLLIVER
2 METAL CANOPIES W/ RAISED
METAL LETTER SIGNAGE
LUXURY OCEAN-VIEW & DOWNTOWN RESIDENTIAL
CONDOMINIUMS W/ PRIVATE BALCONIES
SIMPLE BUILDING FORMS W/ FLOOR-TO-CEILING
GLAZING & COVERED PATIOS
ROUND COLUMNS & ACCENT WALLS TO CREATE
VERTICAL RHYTHYM
NEUTRAL/WARM COLOR TONES. “BEACH-THEMED”
MATERIALS & TEXTURES
PLAN TREE ACCENTS W/
COASTAL PLANTS
1 3 4 5 6
5 32 614
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THE GATEWAY PISMO MIXED-USE
PRICE ST & DOLLIVER ST - PISMO BEACH, CA 93449
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CDP
SUBMITTAL
PERSPECTIVE - CORNER OF BAY & DOLLIVER
2 METAL CANOPIES W/ RAISED
METAL LETTER SIGNAGE
LUXURY OCEAN-VIEW & DOWNTOWN RESIDENTIAL
CONDOMINIUMS W/ PRIVATE BALCONIES
SIMPLE BUILDING FORMS W/ FLOOR-TO-CEILING
GLAZING & COVERED PATIOS
ROUND COLUMNS & ACCENT WALLS TO CREATE
VERTICAL RHYTHYM
NEUTRAL/WARM COLOR TONES. “BEACH-THEMED”
MATERIALS & TEXTURES
PLAN TREE ACCENTS W/
COASTAL PLANTS
1 3 4 5 6
6 2 5433
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08/21/2025
THE GATEWAY PISMO MIXED-USE
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CDP
SUBMITTAL
FEATURE PLAZA - CORNER OF PRICE & DOLLIVER
CURVED WOODEN SLAT BENCHES BUILT INTO
RADIAL SITE WALLS
CLAM SCULPTURE
FOUNTAIN FEATURE AT CENTER OF PLAZA
METAL CANOPIES W/ RAISED
METAL LETTER SIGNAGE
“BUBBLE” SHAPED MODERN
CONCRETE PLANTERS
1 2 3 4 5 6 7
DECORATIVE PAVER PATTERNS W/
COMPLEMENTARY MATERIALS
CURVED CONCRETE SEATWALLS AT
EDGES OF RADIAL PLAZA
SUCCULANTS/NATIVE COASTAL
LANDSCAPING SOLUTIONS
5 5 36
634 5721
7 4
2 2
2 Attachment 5
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THE GATEWAY PISMO MIXED-USE
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3A EXISTING VIEW FROM CORNER OF PRICE & DOLLIVER 3B PROPOSED VIEW FROM CORNER OF PRICE & DOLLIVER 4A EXISTING VIEW FROM CORNER OF PRICE & HARLOE 4B PROPOSED VIEW FROM CORNER OF PRICE & HARLOE
VIEW ANALYSIS STUDIES - PRICE STREET
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THE GATEWAY PISMO MIXED-USE
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CDP
SUBMITTAL
PERSPECTIVE RENDER - STREETSCAPE VIEWS
Attachment 5
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THE GATEWAY PISMO MIXED-USE
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CDP
SUBMITTAL
PERSPECTIVE RENDER - CORNER OF PRICE & DOLLIVER
Attachment 5
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VESTING TENTATIVE MAP
'THE GATEWAY' MIXED-USE DEVELOPMENT
EXISTING PARCEL LAYOUT
VESTING TENTATIVE SUBDIVISION MAP
FOR
TRACT 3240
PRICE STREET ROAD SECTION
DOLLIVER STREET ROAD SECTION
BAY STREET ROAD SECTION
HARLOE AVENUE ROAD SECTION
Attachment 5
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Council Agenda 9-2-2025 11.A-84
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1 August 19, 2025
TTransmittedd viaa E-mail:: [[email protected]]]
City of Pismo Beach
Community Development
c/o Scot Graham | Community Development Director
760 Mattie Road
Pismo Beach, CA. 93449
RE: Gateway Pismo | 1421 Price St., 1331 Price St. & 1370 Dolliver St.
Project Design Revisions Narrative
Attn Community Development,
Thank you for the continued support during the entitlement process and presentations for the Gateway Project.
In response to project feedback from multiple city project review sessions, including the (PC) Planning Commission public hearing agenda dated June 24
th, 2025, the applicant and design team are
proposing a series of thoughtful revisions to help further improve the project design beyond the unanimous PC approval findings received.
The project team has carefully evaluated public concerns raised at the PC hearing session and has been proactively engaging in other post hearing sessions with members of the community and neighbors of the project. The goal for the additional public meeting sessions was to help further address project concerns or clarify subjective opinions on the project. These design improvements reflect a strong commitment by the applicant, Coastal Community Builders, to deliver a project that surpasses community and regulatory expectations.
The additional project feedback gathered has provided our project team with key areas of focus to further improve the project design. A summarized narrative of the project design revisions and project evolution are outlined below.
1) Exteriorr Buildingg Colorss && Materialss Enhancementss The applicant and team have revised the building’s exterior colors and materials palette to better reflect the community’s input and urban context. The proposed project serves as a prominent addition to the neighborhood, and its material expression plays a vital role in shaping public perceptions and pedestrian experiences.
Revisions Provided:
x Update the “cool” color tones and replace with a “warm” color tones as recommended by the Planning Commission.
Attachment 6
Council Agenda 9-2-2025 11.A-85
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22 x Remove exterior metal panels and replace with Hardie siding panels as recommended by the Planning Commission.
x Introduce new high-quality horizontal and vertical siding materials simulating the look of wood cladding as recommended by the Planning Commission.
x Increase the use of stone veneer at key focal points to improve the quality of exterior finishes.
These material revisions reflect the project’s team commitment to responsive design and neighborhood stewardship. By embracing feedback and elevating the architectural language, the revised proposal strengthens the building’s identity while enhancing its relationship with the public realm.
22) Commerciall Streett Parkingg && Right-of-Wayy Improvementss The project team has increased the amount of commercial parking to “fully” meet the required commercial retail/outdoor seating proposed. The project satisfies all residential and commercial parking requirements. In-lieu commercial parking fees are no longer necessary and have been excluded from the concession/incentive project narrative request since the project is able to fully provide new on-site and off-site street parking to successfully meet the project’s parking demand.
In addition to meeting the project’s parking demand, the applicant will offer to donate fees in the equivalent of (3) three-in-lieu street parking stalls which have a value of $9,000 per stall for a grand total of $27,0000 to the city. The parking in-lieu fees are offered by the applicant as part of their project goals of implementing a series of off-site public improvements that will help address existing longstanding infrastructure challenges. The public improvements will improve accessibility along the right-of-way areas bordering the entire project site. The applicant has voluntarily committed resources for these improvements, demonstrating a strong commitment to community benefit and long-term downtown vitality.
Improvements Provided:
x Compliance with the total residential & commercial parking demand. In-lieu street parking fee requirement removed. The applicant will offer to donate $27,000 to the city for community benefit and downtown vitality use.
x Reconfiguration and re-stripping of Price Street parking layout to provide additional diagonal and parallel street parking which increase to total number of available public street parking stalls in the downtown district.
x Reconfiguration of Bay Street into a one-way street providing parallel parking and landscape improvements which increase safety and visual appeal of downtown and pedestrian connectivity.
x Provide additional parallel parking on Dolliver Street fronting the project site x The undergrounding of existing electrical utilities and overhead power lines surrounding the project site.
x The proposed curb, gutter & sidewalk enhancements along the entire right-of-way bordering the project site, including the additional of new street lighting/signage, benches, trash bins, landscaping, etc.
Attachment 6
Council Agenda 9-2-2025 11.A-86
Packet Page 151
33 33) Max.. Lott Coveragee Waiverr Removed
As part of the ongoing development of the Gateway Project, the design team has implemented strategic revisions to ensure full compliance with local zoning regulations, specifically regarding maximum lot coverage.
During the permitting review process, it was determined that the initial design exceeded the maximum lot coverage threshold set forth by Pismo Beach zoning code. In response, the following revisions were made:
x Compliance with the total maximum lot coverage in the RR-RR zone. Project waiver request removed.
x Reduction in building footprint through reconfiguration of interior spaces x Increased setbacks to enhance spatial separation and open area between buildings and neighboring properties
The revised plans now meet the required maximum lot coverage limits. These updates have been issued to the city planning department. These changes not only ensure regulatory compliance but also improve site functionality and environmental performance. 4) Min.. Landscapee Coveragee Waiverr Removedd
As part of the ongoing development of the Gateway Project, the design team has implemented strategic revisions to ensure full compliance with local zoning regulations, specifically regarding minimum landscape coverage.
During the permitting review process, it was determined that the initial design did not exceed the minimum landscape coverage threshold set forth by Pismo Beach zoning code. In response, the following revisions were made:
x Compliance with the total minimum landscape coverage in the CC-11 andd R-RR Zones. Project waiver request removed.
x Reduction in building footprint through reconfiguration of interior spaces x Increased setbacks to enhance spatial separation and open area between buildings and neighboring properties
The revised plans now meet the required minimum landscape coverage limits. These updates have been issued to the city planning department. These changes not only ensure regulatory compliance but also improve site functionality and environmental performance. 5) Alternative Massing Study (Non-Canopy) Solution – Corner of Price St. & Dolliver St.
In alignment with our commitment to community engagement and responsive design, the applicant team has provided an alternate design that removes the canopy from the upper view deck located at the corner of Price St. & Dolliver St. The decision to provide an alternative design solution was made Attachment 6
Council Agenda 9-2-2025 11.A-87
Packet Page 152
44 following a series of public consultations which measured feedback from various members of the community, stakeholders and neighbors. The findings with the “canopy” vs “non-canopy” design solutions gathered subjective opinions in support and in opposition for the iconic canopy gateway design. Therefore, the project applicant is requesting design recommendation from City Council, City Staff and the public at the September 02, 2025 City Council hearing to help select the preferred design solution for the Gateway Pismo project.
CCANOPYY SOLUTIONN
NON-CANOPYY SOLUTIONN
Attachment 6
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55 We deeply appreciate the thoughtful input from residents, local businesses, and advocacy groups.
Their feedback played a pivotal role in shaping a more inclusive and context-sensitive design. The revised plans have been submitted to the City of Pismo’s planning department.
Sincerely,
Eddie Herrera, AIA | NCARB
President/Principal Architect
CA License No. C38583
cc:[email protected], [email protected], [email protected], [email protected] Attachment 6
Council Agenda 9-2-2025 11.A-89
Packet Page 154
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Attachment 7
Council Agenda 9-2-2025 11.A-90
Packet Page 155
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: September 2, 2025
TITLE:
Pismo Clam Regulations Discussion
RECOMMENDATION:
Provide direction to staff regarding future actions that relate to regulations affecting Pismo Clam harvesting.
DISCUSSION:
On July 16, 2024, the City Council directed staff to complete various tasks associated with Pismo Clam education and outreach. A summary of those tasks are shown below in Table 1:
Table 1. Pismo Clam Outreach and Education Task List
Task Status
Updated Signage Completed
Enhanced Outreach (e.g. Social Media, Clam Chronicle, Website) Ongoing Create Measuring Devices Completed
Create/Enhance Partnerships (CA State Parks, CA Fish & Wildlife, Chamber of Commerce) Ongoing
City Employee Outreach Completed
Staff is completing the ongoing tasks that include the enhancement of public outreach and strengthening partnerships with outside entities that have mutual interests in regulations pertaining to the harvesting and preservation of Pismo Clams.
In addition to the ongoing tasks, on June 17, 2025, the City Council directed staff to prepare correspondence to the California Department of Fish and Wildlife (CDFW) and request that San Luis Obispo County be considered for inclusion in the Pismo clam harvesting season restrictions set forth for the other counties per California Code of Regulations Title 14 § 29.40, which is shown below:
14 CCR § 29.40 Pismo Clams.
(a) Open season: May be taken in Santa Cruz and Monterey counties September 1 through April 30. In all other counties, except in state marine reserves or other marine protected areas which prohibit the take of clams (see Section 632), Pismo clams may be taken at any time of the year.
(b) Limit: Ten.
(c) Minimum size: Five inches in greatest shell diameter north of the boundary between San Luis Obispo and Monterey counties; four and one-half inches in Council Agenda 9-2-2025 12.A-1
Packet Page 156
greatest shell diameter south of the boundary, between San Luis Obispo and Monterey counties.
(d) Clam preserves: No clams shall be taken within state marine reserves or other marine protected areas which prohibit the take of clams (see Section 632).
City staff met with staff from the CDFW and the Center for Coastal Marine Sciences, Biological Sciences Department of California Polytechnic State University (Cal Poly) and discussed how the City could restrict the harvesting season to protect the Pismo Clam population. CDFW recommended that the City could consider an electronic petition for a regulation change that is submitted to the California Fish and Game Commission (Commission) for the City of Pismo Beach. Once received, CDFW staff receives and evaluates the petition and, if approved, submits the petition to the Commission for review and approval. The entire petition process could take up to two years.
CDFW and Cal Poly staff also suggested that the City could consider petitioning for a reduction in the number of clams allowed to be harvested per clammer, per day. As an example, the new limit could be five clams per clammer, per day rather than 10.
Collectively, the closed season in combination with the reduction in the number of clams allowed to be harvested could have a very positive impact that protects and sustains the Pismo Clam population in the city.
Staff recommends that the City Council provide feedback regarding:
1. Staff completing an electronic petition for a regulation change to the California Fish and Game Commission,
2. Staff requesting that the City of Pismo Beach be added as a location that restricts the harvesting season along with Santa Cruz and Monterey counties, and
3. Staff requesting a reduction in the total number of clams that may be harvested per clammer, per day from 10 to five, or another amount less than 10.
Conclusion and Recommendation
Provide direction to staff regarding future actions that relate to regulations affecting Pismo Clam harvesting.
FISCAL IMPACT:
There is no fiscal impact associated with this discussion.
Submitted by: Mike James, Assistant City Manager
City Manager Approval:
Council Agenda 9-2-2025 12.A-2
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