CITY OF PISMO BEACH PLANNING COMMISSION AGENDA REPORT

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1 Canopy signag CITY OF PISMO BEACH PLANNING COMMISSION AGENDA REPORT May 10, 2016 Honorable Chair and Planning Commission City of Pismo Beach California RECOMMENDATION: Approve a Coastal Development Permit for an addition to a single family residence located at 335 Park Avenue (APN ) within the Commercial Core (K) Planning Area and R-R (Resort Residential, 1983 Code) Zoning District. APPLICANT: Pat and Lloyd Roduner 335 Park Avenue Pismo Beach, CA (Permit No. P ) EXECUTIVE SUMMARY The applicant is requesting approval of a Coastal Development Permit for 128 square feet of new second-story addition, 35 square-feet of new ground floor, and an increase of 136 square-feet of open deck to a single family residence. The project is located inside of the Coastal Zone but is not appealable to the Coastal Commission. As designed and conditioned, the project is consistent with the City s General Plan (GP) and the 1983 Zoning Ordinance. PROJECT DESCRIPTION & APPLICATIONS Per Municipal code , a Coastal Development Permit is required for the project and per Municipal code , a public hearing is required due to the location within the R-R zoning district. The proposed Coastal Development Permit application includes adding area to the second story deck toward the front of the site, adds living area to the second floor which will provide cover to the open patio entrance, and adds area to the ground floor foyer. STAFF ANALYSIS The project is a minor addition to an existing single family two-story residence with materials and colors to match the existing. The project meets the development standards for setbacks, lot coverage, and building area, and due to the architectural compatibility of the addition to the existing structure, staff recommends approval of the project. Page 1 of 25

2 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 additions to existing structures. RECOMMENDATION Adopt the attached resolution (Exhibit 3) approving Coastal Development Permit P ALTERNATIVES 1. Do not adopt a resolution approving the project. 2. Provide alternative direction to staff. Attachment(s): Exhibit 1 Vicinity Map Exhibit 2 Development Standards & Policies Exhibit 3 Resolution Exhibit 4 - Project Plans Prepared by: Aileen Nygaard, Associate Planner Meeting Date: May 10, 2016 Reviewed by: Matt Everling, Planning Manager Community Development Director Approval: Page 2 of 25

3 EXHIBIT 1 VICINITY MAP Page 3 of 25

4 EXHIBIT 2 DEVELOPMENT STANDARDS & POLICIES Table General Plan Policies Policy # Policy Wording Consistency Issues Land Use Element (LUE) Downtown Core and Mixed use Districts Background. P-17 Downtown Focus for Residents and Visitors Downtown Pismo Beach shall be a city focal point with a blend of cultural, commercial, professional, residential and recreational uses catering to both visitors and residents of all ages. Tourism and visitor services shall be emphasized, carefully and conscientiously blending shopping, recreational and cultural activities for the visitor, with housing, retail and professional services needed by the residents of the community. The downtown area of Pismo Beach serves residents year-round, and in this context the downtown must remain inviting and pleasant to the citizens of the community. New development and revitalization of downtown should enhance the quality of life for the residents as well as better serve the needs of visitors. Yes. The project is an update to existing residential. Design Element, Policy D-2 (a) Mixed Use (MU) District K-3.3 The Mixed Use or MU District will provide for a wide variety of land uses including visitor lodging, commercial retail, restaurants, service uses, offices, and residential uses. The more intensive commercial uses and visitor-serving uses shall be encouraged to locate along the major thoroughfares. Mixed-use projects are encouraged throughout the district. Building and Site Design Criteria. a. Small Scale. New development should be designed to reflect the smallscale image of the city rather than create large monolithic buildings. Apartment, condominium and hotel buildings should preferably be contained in several smaller massed buildings rather than one large building. Building mass and building surfaces such as roofs and exterior walls shall be highly articulated to maintain a rich visual texture and an intimate building scale. Maximum height, setback, and site coverage standards to achieve the desired small-scale character will be regulated by City ordinance. Except where specified otherwise by this Plan or further limited by the implementing ordinance, the maximum height standard for new buildings shall not be more than 25 feet above existing natural grade in Neighborhood Planning Areas A through J, and Q; and not more than 35 feet above existing natural grade in the remaining portions of the Coastal Zone. Yes. The project is consistent with the scale and character of the neighborhood. Page 4 of 25

5 Table 2-2 Zoning Code Requirements / Permitted Uses / Overlay Designations Item Section Complies? R-R Purpose/ Permitted uses R-R (Resort Residential) District. The resortresidential or R-R zone is intended to apply in those areas of the city where it is reasonable to permit a mixture of hotels and motels along with apartments, condominiums and other similar uses. In the resort-residential or R-R zone the following uses only are permitted as hereafter specifically provided for by this section and subject to the general provisions and exceptions set forth in Articles and A. All permitted uses under R-l, R-2 and R- 3 zones; B. Hotels, motels and other R-4 permitted uses, subject to a development permit (See Chapter ) found by the planning commission to be compatible and appropriate in regards to (a) hours of operation; (b) noise; (c) access; (d) traffic; and (e) scale with the adjoining area Yes. Single family dwellings are a permitted use in this zone district. Archaeology and Historic Sites Overlay Zone A. Surface Survey Required. Where development is proposed on a site within the areas identified in Figures 3-1 and 3-2 as archaeologically sensitive, a land use permit application shall include an archeological surface survey of the site, prepared by a qualified archaeologist approved by the director. A2. Any site which is surveyed in compliance with this section shall not be required to be further surveyed unless a further survey is recommended by the findings of the original survey A & A2 NA. No ground disturbance is proposed other than within areas already disturbed during original home construction. Page 5 of 25

6 Table Zoning Code Development Standards Resort- Residential (R-R) Item Permitted/Required Code Section Proposed Complies? Lot area Max building height 5,000 s.f. min ,250 sf Yes Existing Lot 35' when measured from site grade (natural grade) feet Yes- To match existing Max building area- 125% of lot area, except that a single-family house will have same standard as R-1 zone (86% of first 2,700 sf. of lot area + 60% of lot area in excess of 2,700 sf.) Allowed: 2,652 sf max Max lot coverage 55% Allowed: 1,787.5 sf max ,124 sf ,429 sf 44% Yes Yes Floor Area Ratio Second floor/first floor ratio (applies only to single-family dwellings in R-1, R- 2, R-3, R-4, and R- R zones 2nd floor cannot exceed 80% of square footage of the first floor, including garage. (only applies to SFRs) Allowed: 960 sf max sf 80% yes Min. Landscaping 20% Min. Required 650 sf ,483 sf (45%) Yes Minimum front yard setback min 15' b, 15 feet to front deck yes Minimum side yard setback 10% of lot width, no smaller than 4 feet but not required to exceed 5 feet R=4 L=6 Yes Minimum rear yard setback Minimum parking spaces 10% of lot depth, minimum 5 feet & no more than 10 feet required 2 spaces within a garage (min. 20 x 20 ) Yes car garage Yes Page 6 of 25

7 EXHIBIT 3 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 A 163 SQUARE-FOOT ADDITION AND 136 SQUARE-FOOT DECK ADDITION TO A SINGLE FAMILY DWELLING LOCATED AT 335 PARK AVENUE; APN: WHEREAS, Pat and Lloyd Roduner the "Applicant" has submitted an application to the City of Pismo Beach for a Coastal Development Permit for an addition to an existing single family dwelling; and WHEREAS, the Planning Commission held a duly-noticed public hearing on May 10, 2016 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) an addition to an existing single family residence is exempt per CEQA Section WHEREAS, the Planning Commission has determined that the project meets the required findings under CEQA, and for a Coastal Development Permit. 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 Permit for a 163 squarefoot addition to an existing single family dwelling to a 1,966 square-foot residence. 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. 3. The Coastal Development Permit for a 163 square-foot addition to an existing single family dwelling is exempt under CEQA Section of the CEQA Guidelines, exempting additions to existing structures. B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT: Page 7 of 25

8 1. The addition to the single family dwelling is appropriate in size so as to be compatible with the adjacent structures; 2. The architectural and general appearance of the development is in keeping with the character of the neighborhood. The proposed development and related improvements are compatible with the visual quality and character of the surrounding area and is compatible with the immediate neighborhood; 3. The proposed development with related improvements is consistent with the General Plan and General Plan Land Use category of Mixed- Use; 4. The proposed development 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; 5. The site is physically suitable for construction of project improvements; 6. The proposed development with related improvements is in keeping with the character of the surrounding area composed of motel, multi-family and single family residential units, and is consistent with the zoning of the project site; 7. The proposed 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; 8. The proposed development with related improvements will not impair the desirability of investment or occupation in the vicinity; 9. The proposed project will not significantly alter existing natural landforms; 10. The height, bulk, and scale of the buildings are compatible with the adjacent area and with the view and other Land Use Plan considerations. The Planning Commission does hereby approve the Coastal Development Permit subject to the Conditions attached as Exhibit A. UPON MOTION of Commissioner seconded by Commissioner the foregoing Resolution is hereby approved and adopted the 10th day of May, 2016, by the following roll call vote, to wit: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: Page 8 of 25

9 ABSENT: Commissioners: APPROVED: ATTEST: Chair Kathy Schwartz Administrative Secretary Page 9 of 25

10 EXHIBIT A CITY OF PISMO BEACH CONDITIONS PLANNING COMMISSION MEETING OF MAY 10, 2016 PERMIT NO. P (CDP) LOCATION: 335 PARK AVENUE, 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 addition of 163 square-feet and a deck extension to an existing single family dwelling as shown on the approved plans with City of Pismo Beach stamp of May 10, 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 upon the passage of 10 working days following the Planning Commission approval, provided that an appeal has not been filed to the City Council within those 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 10, 2018 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. Page 10 of 25

11 I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY WITH ALL ATTACHED STATED CONDITIONS OF THIS PERMIT Approved by the Planning Commission on May 10, Lloyd Roduner Date Pat Roduner Date CONDITIONS, POLICIES AND SELECTED CODE REQUIREMENTS FOR PROJECT # P Park Avenue, 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. a. 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. Page 11 of 25

12 b. An application for a construction 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 shall submit a new application, plans and documentation and pay a new plan review fee. c. 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. d. City of Pismo Beach policy requires a soils investigation for all new buildings and additions where the new floor area will exceed 250 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. e. Underground electric service conductors are required. f. All conditions of the Planning Permit, such as required lot mergers, a required subdivision map, public improvement design documents and any other requirement of the City shall be completely satisfied prior to Building Permit issuance for the project. No building permits for a part of the overall project will be considered, such as early grading, foundation only, partial demolition, etc. 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 and conditions of approval. Project shall comply with the standards noted in the table below: Development Standard Required Approved Lot area 5,000 s.f. 3,250 sf. existing Max bldg height 25 To match existing Max lot coverage 55% 1,429 sf 44% Page 12 of 25

13 Building Area 2,652 s.f. (86% of first % of remainder) 2,124 sf Second Floor/first floor ratio 960 s.f. (80%) 959 s.f. 80% Planting Area 20% 1,483 s.f. 45% Minimum front yard setback Minimum side yard setback Minimum rear yard setback Minimum parking spaces within garage 4 6, within garage 3. COLORS AND MATERIALS. Colors and materials shall be consistent with those shown on the color board as reviewed and approved by the Planning Commission. ENGINEERING DIVISION: 4. Engineering standard conditions (notes): Shall be placed on the plans at time of submittal. A copy may be obtained through the Engineering Department. 5. 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. 6. Appropriate City standards shall be referred to on the plans and shall be included on a detail sheet within the plan set. 7. The applicant shall provide a current title report to the Engineering Division. 8. 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 Page 13 of 25

14 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. 9. 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. All landscaping shall be maintained by the homeowner. 10. Intersection site distances shall be graphically represented on the plans for all intersections within the project, including the project entrance. Landscaping shall be taken into account. Grading and Drainage 11. Driveways and driveway approaches shall be located and constructed per City of Pismo Beach standards. Profiles shall be provided for all interior driveways. 12. A Preliminary Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer. 13. All grading and drainage improvements shall be designed and constructed in accordance with the City Grading Ordinance and subject to approval by the City Engineer. 14. The project shall conform to the City s Storm Water Discharge Ordinance. 15. In order for the proposed development to 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 shall provide mitigation for post development runoff versus pre-development runoff. 16. Calculations and/or a drainage report must be submitted with the plans. 17. 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. 18. An Erosion and Drainage Control Plan shall be submitted in accordance with the City Grading Ordinance. The plan shall reflect Best Management Page 14 of 25

15 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. Utilities 19. The applicant shall submit a composite utility plan. 20. The applicant shall install all utilities and shall be extended to the boundaries of the project. 21. All wire utility services to the project shall be located underground. 22. Sewer System Requirements: Applicant is required to show the existing location of the Sewer Main in the street and location of the sewer lateral, if existing, on the plans. If no lateral exists or existing lateral is in poor condition, then applicant is responsible for all costs, materials and labor for the installation of a new lateral. If existing sewer lateral is to be utilized, the applicant must have a video inspection performed of the sewer lateral to confirm the condition and material of the lateral and provide the Public Works department with a copy of the video for review. Show size and type of all sewer lines. 23. Water System Requirements: Applicant is required to show the existing location of the Water Main in the street and location of the existing water lateral, if existing, on the plans. The size of the proposed lateral and proposed water meter shall be shown on the plans. If existing lateral is inadequate for the proposed water meter, then applicant is responsible for all costs, materials and labor for the installation of a new water lateral. Show size and type of all water lines. Minimum water lateral and meter size is 1. C. CONDITIONS TO BE MET DURING CONSTRUCTION BUILDING DIVISION: 24. SITE MAINTENANCE. During construction, the site shall be maintained so as to not infringe on neighboring property, such as debris and dust. PLANNING DIVISION: 25. 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 Community Development Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified Page 15 of 25

16 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 Community Development Department shall notify the county coroner. If human remains are found to be of ancient age and of archaeological and spiritual significance, the Community Development Department shall notify the Native American Heritage Commission. The developer shall be liable for costs associated with the professional investigation. 26. A licensed surveyor or engineer shall certify pad elevations and setbacks prior to foundation inspection, and roof elevations prior to framing inspection, including anticipated finishing materials ENGINEERING: 27. 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 repairs of, at owner s expense, any/all damage incurred during and/or due to construction. 28. 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. D. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY PLANNING DIVISION: 29. Completion of Landscaping. All landscaping and irrigation systems shown on the approved plans shall be installed by the applicant and shall be subject to inspection and approval by the project Planner. BUILDING DIVISION: 30. Prior to building division final approval, all required inspections from the other various divisions must have been completed and verified by a city inspector. All required final inspection approvals must be obtained from the various departments and documented on the permit card. E. CONDITIONS SUBJECT TO ONGOING COMPLIANCE Page 16 of 25

17 31. 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 and agreement shall be binding on all successors and assigns. 32. 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. -END- Page 17 of 25

18 PROJECT PLANS EXHIBIT 4 (Revised Plans include 35 sf addition to 1 st Floor entry foyer) Page 18 of 25

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