PISMO BEACH PLANNING COMMISSION AGENDA REPORT

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1 PISMO BEACH PLANNING COMMISSION AGENDA REPORT SUBJECT: 190 Cliff; Duke & Lori Sterling, Applicants: Project no. P Minor Modification to Permit # P for a new roof over stairs leading to a roof deck. The project is located in the Single-Family Residential (R-1) Zone of the Shell Beach Planning Area. APN: The project is located in the Coastal Zone and is not appealable to the California Coastal Commission. RECOMMENDATION: Adopt resolution approving the project as conditioned. EXECUTIVE SUMMARY: The applicant proposes the addition of new roof over stairs leading up to a roof deck and covered patio as an amendment to a previously approved addition to a single-family residence. The original project was approved on September 11, 2014 at the Staff Level under an Administrative Coastal Development Permit. PROJECT BACKGROUND The application before the Planning Commission is for a Minor Modification Permit, or amendment, to the September 9, 2014 Administrative Coastal Development Permit. A 678 square foot roof deck was approved as a part of the Administrative Coastal Development Permit, with 383 square feet of the deck covered by a roof. A subsequent Minor Modification Permit was approved for an additional 448 square feet of uncovered roof deck. The project is under construction but work has stopped while the modification is considered by the Planning Commission. The subject site is a corner lot at the intersection of Cliff Avenue and Pearl Street. At the time the Administrative Coastal Development Permit was approved, the site was developed with a one-story single-family dwelling with an attached one-car garage. The original dwelling was non-conforming with respect to one existing garage parking space where two are required and a garage setback of 12 from the Pearl Street property line where 20 is required. In addition to raising the first floor of the dwelling and changing the siding material, the project proposed a partial demolition of the structure to allow for the proposed additions. The project as approved at the staff level did not result in the demolition of more than 50% of the existing building, in line with the Planning Commission s policy regarding demolition and alterations of non-conforming structures. Page 1 of 30

2 Following approval of the administrative permit and issuance of the building permit, the applicant has proposed two modifications. The first modification was approved at staff level and the second modification is under consideration by the Commission. MINOR MODIFICATIONS Modifications to existing Planning approvals may be made subject to the following 1983 Zoning Ordinance Section: Modifications to permits. Modifications to previously issued permits may be issued subject to the following criteria: A. Major modifications to planning commission permits, including significant departures from the original planning commission approval, shall require planning commission review and approval pursuant to the public hearing and notice procedures of Chapter ; B. Minor modifications to planning commission permits, including minor changes not affecting the use, design or intent of the original planning commission approval, may be approved by the city planner; C. The city planner shall determine whether a proposed project modification is of a minor or major nature. The applicant had filed for a Minor Modification Permit to put a roof over the stairway leading to the roof deck and for the deck expansion. The City s Planning Manager had previously given an approval of the uncovered roof deck expansion at 448 square feet, and the Community Development Director wished to separate the deck expansion under a separate Minor Modification Permit from the plans showing the stair roof extension. First Modification On April 29, 2015, the applicant consulted with staff on the first of two modifications to the original approval. This included an expansion of the second story of the roof deck and railing towards the street sides of the house resulting in an additional 448 square feet of uncovered deck. Staff considered and approved this first amendment because the propose alteration to the deck was done in the style of the approved house, was architecturally integrated into the structure, and was on the street sides of the dwelling, away from neighboring properties. This minimized disturbance to neighbors from activities on the deck. This amendment has been approved at the staff level and is not before the Planning Commission. Page 2 of 30

Second Modification The second modification was submitted to the City on July 2, 2015 for an addition to the roofline over the stairs leading to the roof deck.

3 Second Modification The second modification was submitted to the City on July 2, 2015 for an addition to the roofline over the stairs leading to the roof deck. Consistent with administrative process, staff sent a notice to neighboring property owners informing them a Minor Modification Permit had been submitted and that plans for the proposed change were available at the offices of the Community Development Department for review. Based on the notice, the City received five ed responses from Eric Baty, a neighbor at 177 Seaview. The s are included as Exhibit 2, and include concerns over architectural review, what is considered a minor modification to an approved project, amount of open wall area in terms of square footage additions, the amount of addition to a non-conforming building, and overall concerns of the covered stairwell change. Given the inquiries, the Director felt it appropriate to schedule consideration of this modification before the Planning Commission. An additional Notice of Public Hearing was sent out to neighbors and the site posted. Additional letters and s from the neighbors have been included as Exhibits 3 through 9. PROPOSED CHANGES The Minor Modification request currently before the Planning Commission is for the covered stairway addition only. The 448 square foot deck expansion was approved by Staff under a separate permit. Project elevations from the September 2014 approval as well as the proposed roofline change are provided below, with the new changes outlined in red. The Director has determined the project changes to fall under a Minor Modification per Zoning Code Section noted above as the overall design and architectural style is consistent with the 2014 approval. A 3-D perspective of the 2014 approval is shown below: Page 3 of 30

4 Proposed changes are as follows, with areas of new roof outlined in red: Southeast View East view Page 4 of 30

5 Northeast view North view Page 5 of 30

6 GROSS FLOOR AREA A question was raised by the public in regards to the second floor covered patio and whether it should be counted towards the Maximum Building Area, as defined in the City s 1983 Zoning Ordinance as Gross Floor Area: Floor area, gross. The total horizontal area, in square feet, on all floors within the exterior walls of a structure, including garages and carports, but excluding the area of courts, open decks, unenclosed patios and basements. Roofed portions of structures which are enclosed by vertical wall surfaces exceeding sixty percent of the total vertical area between the floor and roof planes shall be included as building area. For the purposes of this definition the wall plane shall be a minimum of 40% open and not more than 60% enclosed. Based on the plans submitted for the 2014 approval, vertical wall area for the covered roof patio was approximately 421 square feet or stucco wall surface, or 58.95%, of an estimated 714 square feet of vertical wall plane area. The new plans provide an estimated 572 square feet, or 45.8%, of vertical stucco wall for an estimated wall surface plane of approximately 1250 square feet. To confirm compliance with this code section, Staff has included a condition that requires verification of the open area to vertical wall surface areas prior to issuance of any amended construction documents. CHANGES UNDER PREVIOUS PLANNING AND BUILDING PERMITS During the course of its review, and in response to questions from the public, staff inspected the property and found that some of the wall and floor framing of the original house had been replaced due to the questionable integrity of some of these framing materials and need to extend some of the framing to accommodate the increase in the height of certain walls. It was felt by the contractor that the point at which the original framing members and the extensions met created a weak point and insufficient shear resistance and that it would be better to replace them with the new continuous framing material. Some of the original framing and the original flooring remain; however, given the extent of changes, staff wanted to bring this to the attention of the Commission because in total demolition now appears to exceed 50% - the threshold at which the Planning Commission consideration of such a project is considered. RECOMMENDATION Staff is recommending approval of the proposed Modification. The proposed stairway covering provides a protected access to the covered patio in the case of inclement weather and has been designed in a manner that is consistent with the architecture of the proposed building. The new covered patio will also help to incorporate the deck Page 6 of 30

7 stairs into the design of the building when viewed from the street, which has been identified as a design guideline for additions to single-family residences by the Planning Commission in January As for the alterations to the framing, the project at this stage has been constructed in a manner that uses existing materials where appropriate and replaces damaged or questionable materials where necessary to make for a structurally sound dwelling it would have been better to seek approval for these alteration before they were carried out; however, the siting of the original home on the lot remains the same and the project retains the non-conforming aspects that are typical of many residential buildings in the Shell Beach Neighborhood, including non-conforming setbacks and required garage parking. This mix of buildings and the variety of features are part of the Shell Beach character and this project is in keeping with that character. Prepared by: Michael Gruver, Associate Planner Meeting Date: August 25, 2015 Reviewed and Approved by: Jon Biggs, Community Development Director Exhibits: 1. Planning Commission Resolution 2A-E. s from Eric Baty, 177 Seaview 3. Letter from Various Neighbors 4. Letter from David Neece, 212 Cliff 5. Letter from Candace Guldeman, 480 W. Grand, Grover Beach 6. Letter from Diane Kessler, 290 Cliff 7. from David Skinner, 763 Shell Beach Road 8. from Paul Schiro, 127 Cuyama 9. Letter from Paul Greco, Shell Beach 10. Plans Page 7 of 30

8 EXHIBIT 1 RESOLUTION NO. P15- A Resolution of the Planning Commission of the City of Pismo Beach Approving Project No. P Modification to Permit P for an addition of a new roof over stairs leading to a roof deck 190 Cliff; APN: WHEREAS, Duke & Lori Sterling ("Applicants") have submitted an application to the City of Pismo Beach for a Minor Modification Permit to Coastal Development Permit P for the addition of a new roof over stairs leading to a roof deck; and WHEREAS, the Planning Commission held a duly-noticed public hearing on August 25, 2015, at which all interested persons were given the opportunity to be heard; 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 the addition of a new roof over stairs leading to a roof deck at an existing residence currently under remodel and construction of a larger addition. 2. There are no site constraints or other factors that would create the potential for significant environmental impacts as a result of the addition of a new roof over stairs leading to a roof deck. 3. The addition of a new roof over stairs leading to a roof deck at an existing residence is exempt from CEQA in accordance with section of the CEQA Guidelines, exempting the small additions to existing structures. 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 The addition of a new roof over stairs leading to a roof deck at an existing residence is appropriate in size so as to be compatible with the adjacent structures. 3. The architectural and general appearance of the addition of a new roof over stairs leading to a roof deck at an existing residence is in keeping with the character Page 8 of 30

9 of the neighborhood. The proposed residence is compatible with the visual quality and character of the surrounding area and is compatible with the immediate neighborhood. 4. The addition of a new roof over stairs leading to a roof deck at an existing residence is consistent with the General Plan, Local Coastal Plan and General Plan Land Use Plan category of Single-Family Low Density Residential. 5. The addition of a new roof over stairs leading to a roof deck at an existing residence is compatible with the nearby existing uses and not detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the surrounding area of the proposed project. 6. The addition of a new roof over stairs leading to a roof deck at an existing residence 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 addition of a new roof over stairs leading to a roof deck at an existing residence will not impair the desirability of investment or occupation in the neighborhood. The Planning Commission does hereby approve the Coastal Development Permit subject to the Conditions attached as Exhibit 1A. UPON MOTION of seconded by the foregoing Resolution is hereby approved and adopted the 25th of August, 2015, by the following roll call vote, to wit: AYES: NOES: ABSTAIN: ABSENT: APPROVED: DJ White, Chairman ATTEST: Elsa Perez, CMC Planning Commission Secretary EXHIBIT 1A PERMIT NO. P , MM Page 9 of 30

10 PLANNING COMMISSION MEETING OF AUGUST 25, Cliff; APN: The conditions imposed on this project shall 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 and made available to the applicant 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 Modification to Permit P for the addition of a new roof over stairs leading to a roof deck, as shown on the approved plans with City of Pismo Beach stamp of August 25, 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. Standard conditions, policies and selected code requirements applicable to a singlefamily residence, as adopted by the Planning Commission on August 25, 2015 are by this reference included as conditions of this permit. Such standard conditions will be attached to this permit when signed by the applicant. Special project conditions are listed on Exhibit A of this permit. The applicant agrees to comply with all City standard conditions and conditions specific to the project. EFFECTIVE DATE: This permit shall become effective upon the passage of 10 working days following the approval of 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 August 25, 2017 unless inaugurated prior to that date. Time extensions are permitted pursuant to Zoning Code Section (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. Page 10 of 30

11 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 Approved by the Planning Commission on August 25, Applicant Property Owner Date Date Page 11 of 30

12 CONDITIONS, POLICIES AND SELECTED CODE REQUIREMENTS FOR PROJECT # P Cliff, 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. SPECIAL CONDITIONS: 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. PLANNING DIVISION: 2. 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 of the changes to Project P VERTICAL WALL SURFACE. Prior to the issuance of amended construction permits, conformance with the vertical wall surface areas to open wall areas as defined in Municipal Code Section , Floor Area Gross, shall be confirmed. -END- Page 12 of 30

13 EXHIBIT 2A-E S FROM ERIC BATY EXHIBIT 2A Page 13 of 30