CITY OF PISMO BEACH PLANNING COMMISSION AGENDA

Transcription

1 Canopy signa CITY OF PISMO BEACH PLANNING COMMISSION AGENDA May 22, 2018 Honorable Chair and Planning Commission City of Pismo Beach California RECOMMENDATION: 1) Approve a Coastal Development Permit for the removal of 125 square-feet from an existing 1 story vacation rental. The project is located in the Mixed Residential District, Downtown Core Planning Area K of the General Plan, Zoned R-4, Hotel-Motel and Visitor Serving Zoning District. The project is located inside the Coastal Zone and is appealable to the Coastal Commission. APN ) Accept Categorical Exemption # APPLICANT: Addie Street Land Group Attn: John King 285 Bridge Street Pismo Beach, CA Permit No. P Project Address: 136 Addie Street EXECUTIVE SUMMARY The applicant is requesting approval of a Coastal Development Permit for the removal of 125 square-foot and ground supports for an existing legal nonconforming vacation rental. A new 1 hour rated fire wall at property line, new roofing and underside floor improvements are proposed along with installation of new structural connections to existing and proposed supports. The vacation rental is owned and operated by the nearby Sea Venture hotel. The structure was built in 1963 and has been operating as a vacation rental since the 1970s. The property is 4,500 square feet. The property is located in the Hotel and Motel and Visitor-Serving (R-4) Zoning District by the City s 1983 Zoning Ordinance. STAFF ANALYSIS The location of this lot is within the Coastal Appeal zone and thus is being presented to the Planning Commission for review. Page 1 of 14

2 Existing Conditions Surrounding uses consist of Pismo Creek and the Pismo Beach RV Park to the South, City owned parking lot to the North, and undeveloped parcels and the beach to the west. The adjacent property to the east is currently vacant. The immediate neighborhood includes a mix of residential condominiums, singlefamily residences, multi-family residences, hotel uses, and vacation rentals. The existing structure contains white wooden siding, a flat roof, and large open porch. The entire structure is raised and supported by wooden posts, approximately 8 feet off the ground and all living space is accessed from stairs. The street right-of-way along the property frontage is 40 feet wide with approximately 17 feet of paved travel way and 23 feet of shoulder. The right-ofway shoulder on this lot frontage mostly consists of non-native landscape area. Encroachment and Setbacks The portion of the unit proposed for removal encroaches a maximum of 7 feet into the property to the east. Proposed improvements would bring the entire structure on or within the property line. A 1-hour fire-rated wall would be installed along the portion of the unit to be demolished to the satisfaction of the Building Official. The structure is legal non-conforming for both the east and west side yard setback. Side yard setback requirements in the R-4 zoning district are 10% of the lot width, or 5 feet minimum. The lot width is 49.98, thus a minimum 5 feet side yard setback would typically be required. The applicant is proposing to demolish and improve the unit to property line. Staff supports removal of the encroaching portion of the house to the property line as the modification does not increase the non-conformity. ENVIRONMENTAL REVIEW In accordance with the Guidelines for Implementation of the California Environmental Quality Act (CEQA) a Categorical Exemption may be issued for the proposed project in accordance with Section (Class 1) of the CEQA Guidelines, exempting alterations to existing facilities. Notice of Exemption (NOE) No may be filed with the San Luis Obispo County Clerk s office and is attached (Exhibit 3). PUBLIC NOTIFICATION A notice of public hearing was posted at City Hall, on the City s website, at the project site and mailed to all property owners within 300 of the project site by May 10, The notice was published in the newspaper on May 10, The meeting agenda and staff report were posted at City Hall and on the City s website on May 18, 2018 in accordance with Government Code Section No comment have been received as of the date of the preparation of this report. RECOMMENDATION Adopt the attached resolution (Exhibit 2) approving Coastal Development Permit P as conditioned and accept the categorical exemption. Page 2 of 14

3 ALTERNATIVES 1. Do not adopt a resolution approving the project. 2. Provide alternative direction to staff. Attachment(s): Exhibit 1 Vicinity Map and Site Photos Exhibit 2 Resolution Exhibit 3 CEQA Notice of Exemption Exhibit 4 - Project Plans Meeting Date: May 22, 2018 Prepared by: Brian Schwartz, Planner Community Development Director Approval: Jeff Winklepleck, AICP Page 3 of 14

4 EXHIBIT 1 VICINITY MAP and SITE PHOTOS Page 4 of 14

5 Page 5 of 14

6 EXHIBIT 2 RESOLUTION NO. PC-R PROJECT NO. P A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PISMO BEACH APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE REMOVAL OF 125 SQUARE FEET FROM AN EXISTING VACATION RENTAL WITH STRUCTURAL CONNECTIONS TO EXISTING AND NEW SUPPORTS. INSTALLATION OF 1 HOUR RATED FIRE WALL, NEW ROOFING, AND UNDERSIDE FLOOR IMPROMENETS. LOCATED AT 136 ADDIE STREET; APN: WHEREAS, John King the "Applicant" has submitted an application to the City of Pismo Beach for a Coastal Development Permit for the removal of 125 square feet from an existing vacation rental with associated structural improvements. WHEREAS, the Planning Commission held a duly-noticed public hearing on May 22, 2018 at which all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission determines that under the provisions of the California Environmental Quality Act (CEQA), minor additions and improvements are exempt per CEQA Section 15301; and WHEREAS, the Planning Commission has determined that the project meets the required findings under CEQA, for a Coastal Development Permit; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Pismo Beach, California as follows: A. FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): 1. The project consists of a Coastal Development Permits for the removal of 125 square-feet from an existing vacation rental with structural connections to existing and new supports. The portion to be demolished encroaches into the neighboring property to the east. Installation of new 1 hour rated fire wall at property line, new roofing and underside floor improvements. 2. There are no site constraints or other factors that would create the potential for significant environmental impacts as a result of the construction of the proposed project; and 3. The Coastal Development Permit for the removal of 125 square-feet from an existing vacation rental with structural connections to existing and new supports along with installation of new 1 hour rated fire wall at property line, new roofing and underside floor improvements is exempt under CEQA Page 6 of 14

7 Section of the CEQA Guidelines, exempting alterations to existing facilities. B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT 1. The removal and associated alterations are needed to remove the structural encroachment into the neighboring property. The building will be modified with structural improvements. The architectural modifications are consistent with the existing façade in terms of color and materials; and 2. The architecture and general appearance of the development is in keeping with the character of the existing architectural style, including color and materials; and 3. The proposed development with related improvements is consistent with the General Plan and General Plan Land Use category of Mixed Residential District, Downtown Core Planning Area K ; and 4. The proposed removal with related improvements is compatible with the nearby existing uses and is not detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the surrounding area of the proposed project because no additional structures or square footage is being proposed; and 5. The site is physically suitable for construction of the proposed project improvements because an updated geotechnical report along with structural calculations will be submitted and approved prior to issuance of a building permit; and 6. The existing vacation rental and proposed improvements do not alter the character of the surrounding area, and is consistent with the zoning of the project site; and 7. The proposed removal with related improvements will not be detrimental to the orderly development in the surrounding area, and will not be detrimental to the orderly and harmonious development of the City because the vacation rental is an existing legal non-conforming structure. 8. The proposed project will not impair the desirability of investment or occupation in the vicinity because the improvements are minor in nature to an existing structure. 9. The proposed project will not significantly alter existing natural landforms because it will involve minimal grading and placements of shoring, bracing and new foundation for supports; and The Planning Commission does hereby approve the Coastal Development Permit and Architectural Review Permit subject to the above findings and Conditions attached as Exhibit A. Page 7 of 14

8 UPON MOTION of Commissioner seconded by Commissioner the foregoing Resolution is hereby approved and adopted the 22nd day of May, 2018, by the following roll call vote, to wit: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: APPROVED: ATTEST: Doreen Curtze, Chair Elsa Perez, CMC Planning Commission Secretary Page 8 of 14

9 EXHIBIT 2A CITY OF PISMO BEACH CONDITIONS PLANNING COMMISSION MEETING OF MAY 22, 2018 PERMIT NO. P (CDP) LOCATION: 136 Addie Street, APN: The conditions set forth in this permit affect the title and possession of the real property which 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 (applicant, developer), 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 P grants planning permits for the removal of 125 square-foot and ground supports for an existing vacation rental. A new 1 hour rated fire wall at property line, new roofing and underside floor improvements are proposed along with installation of new structural connections to existing and proposed supports as shown on the approved plans with City of Pismo Beach stamp of April 6, Approval is granted only for the construction and 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 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 May 22, 2020 unless inaugurated prior to that date. Time extensions are permitted pursuant to Zoning Code Section 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. 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 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 Page 9 of 14

10 Approved by the Planning Commission on May 22, Owner/applicant Date Owner/applicant Date CONDITIONS, POLICIES AND SELECTED CODE REQUIREMENTS FOR PROJECT # P Addie Street, APN # 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. STANDARD CITY CONDITIONS Project shall comply with all standard conditions and selected code requirements on file at the Community Development Department, Planning Division located at 760 Mattie Road. B. PRIOR TO ISSUANCE OF A BUILDING PERMIT BUILDING DIVISION: 1. BUILDING PERMIT APPLICATION. To apply for building permits submit five (5) sets of construction plans ALONG WITH FIVE (5) COPIES OF THE CONDITIONS OF APPROVAL NOTING HOW EACH CONDITION HAS BEEN SATISFIED to the Building Division. The Planning Permit Application is approved by the Building Division subject to the following: CONDITIONS 1. 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 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. Page 10 of 14

11 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. PLANNING DIVISION: 1. COMPLIANCE WITH PLANNING COMMISSION APPROVAL. Prior to the issuance of a building permit, the Project Planner shall confirm that the construction plot plan and building elevations are in compliance with the Planning Commission's approval and conditions of approval. 2. COLORS AND MATERIALS. All colors and materials shall match existing colors and materials, including roofing and siding. ENGINEERING DIVISION: 1. Engineering standard conditions (notes): Shall be placed on the plans at time of submittal. A copy may be obtained through the Engineering Department. 2. 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. 3. Appropriate City standards shall be referred to on the plans and shall be included on a detail sheet within the plan set. 4. 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. 5. The applicant shall provide a current title report to the Engineering Division. 6. 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 Page 11 of 14

12 protection against and/or repair of, at owner s expense, any/all damage incurred during and/or due to construction. 7. 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. 8. The project shall conform to the City s Storm Water Discharge Ordinance. 9. A Water Pollution Control Plan (WPCP) shall be submitted. Page 12 of 14

13 Exhibit 3 Categorical Exemption To: County of San Luis Obispo Clerk-Recorder s Office From: City of Pismo Beach 1055 Monterey Street, Suite D Mattie Road San Luis Obispo, CA Pismo Beach, CA County Clerk County of: San Luis Obispo Project Title: Categorical Exemption No.: (Permit #: P ) Project Applicant: City of Pismo Beach CITY OF PISMO BEACH NOTICE OF EXEMPTION Project Location - Specific: 136 Addie Street, Pismo Beach, CA (APN ) Project Location - City: Pismo Beach Project Location - County: San Luis Obispo Description of Nature, Purpose and Beneficiaries of Project: Coastal Development Permit for the demolition of 125 square-foot and ground supports for an existing legal non-conforming vacation rental. A new 1 hour rated fire wall at property line, new roofing and underside floor improvements are proposed along with installation of new structural connections to existing and new supports. Installation of new 1 hour rated fire wall at property line, new roofing and underside floor improvements. The project is located inside the Coastal Zone and is appealable to the Coastal Commission. Name of Public Agency Approving Project: City of Pismo Beach Name of Person or Agency Carrying Out Project: John King, King Ventures, LLC Exempt Status: (check one) Ministerial (Sec (b)(1); 15268); Declared Emergency (Sec (b)(3); 15269(a)); Emergency Project (Sec (b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: Construction of accessory appurtenance structures, (Class 1) Statutory Exemptions. State code number: Reasons why project is exempt: The alterations to the existing facilities are minor in nature. Lead Agency Contact Person: Brian Schwartz Area Code/Telephone/Extension: (805) bschwartz@pismobeach.org If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: Contract Planner Signed by Lead Agency Signed by Applicant Page 13 of 14

14 EXHIBIT 4 PROJECT PLANS Page 14 of 14