PISMO BEACH PLANNING COMMISSION AGENDA REPORT

PISMO BEACH PLANNING COMMISSION AGENDA REPORT SUBJECT: 1101 & 1161 Price; Rick and Terri Gambril and Tai Martin, Applicant: Project No. P14-000162. Application for a Coastal Development Permit and a Tentative Tract Map to create six air space condominium units. The site is located in the Retail Commercial (C-1) Zone of the Downtown Core planning area. APN: 005-068-056. The project site is located outside the Coastal Appeal Zone. RECOMMENDATION: Adopt the attached resolution approving Project P14-000162. EXECUTIVE SUMMARY: The proposed subdivision is over a mixed use project approved by the Planning Commission in July 2013. The project approved in 2013 (known as Tract 3050/P13-000048) created two commercial buildings on the ground floor along with two manager units (apartments) on the second floor. The proposed tentative tract map (Tract 3068) would create condominiums thereby allowing the commercial and residential units to be sold individually. The proposed Tract 3068 would create four downstairs airspace units for commercial use and two units on the second floor for residential use. The project includes eighteen (18) parking spaces. As proposed and conditioned, the project meets all City 1993 General Plan/Local Coastal Plan and 1983 Zoning Code standards. Prepared by: Jan Di Leo, Planner Meeting Date: March 10, 2015 Reviewed by: Carolyn Johnson, Planning Manager Approved by: Jon Biggs, Community Development Director Exhibits: 1. Project Discussion 3A. Conditions 2. 1101 Price Façade Changes (Minor Mod) 4. Plans 3. Project Resolution Page 1 of 18

Exhibit 1 Project Discussion A. Background On July 23, 2013 the Planning Commission approved P13-000048/Tract 3050 (see Figure 1 below). Tract 3050 included a mixed use building at 1101 and 1161 Price Street and 32 residential units along Wadsworth, San Luis, and Dolliver streets. Each mixed use building provided retail commercial space on the ground floor (roughly 2,400 square feet) and a residential unit (roughly 1,000 square feet) on the second floor, providing a total of roughly 4,800 square feet of retail commercial and 2,000 square feet of residential space. Tract 3050 s approval also included an outdoor plaza or patio area on the corner of Wadsworth/Price Street and the corner of San Luis Avenue/Price Street (shown in green below) as well as common public plaza area located between the two Price Street buildings (shown in blue below). Each Price Street building was required to provide ten parking spaces or a total of 20 parking spaces for this portion of the site. See Figure 2 below. Subsequently a building permit for the mixed use project approved under Tract 3050 (for 1101 and 1161 Price Street) was issued. Construction is currently underway. 1101 is partially framed; 1161 has started foundation work. On December 15, 2014 the applicant filed an application for a minor modification for 1101 (P14-000198) and 1161 Price Street (P14-000201). Figure 1 - P13-000048 & Tract 3050. Tract 3050 allowed mixed use buildings at 1101 and 1161 Price (indicated in red) and 32 residential units (townhouses). Page 2 of 18

The minor modifications were approved by the Community Development Director on January 21, 2015. These modifications affected the proposed commercial uses on the ground floor, parking for 1101 Price Street, and some minor façade changes to 1101 Price. The modifications did not propose changes to the residential units on the second floor. The minor modifications allowed: The commercial use at 1101 Price (BLDG. 2) to be changed from retail commercial to a restaurant use and allowed for 1161 Price (BLDG. 1) to have office as well as retail uses. A reduction in parking for the mixed use development consistent with the new uses. The parking for 1101 Price Street was reduced from 10 to 8 parking spaces (see Figure 3 below). 1161 Price Street retained 10 parking spaces. Parking at 1101 and 1161 Price Street is reciprocal so the mixed use project would have a total of 18 parking spaces. Some minor changes to 1101 Price Street such as additional patio area for dining (see Figure 3 below) and some building façade changes (see Exhibit 2 for façade changes). Patio 2 Outdoor seating H Patio 1 Outdoor seating Figure 3. New parking configuration and landscaping at 1101 Price Street (approved under Minor Modification P14-000198). B. Project Description The proposed project is a subdivision of the commercial and residential area located at 1101 and 1161 Price Street. The tentative tract map would create four downstairs airspace condominium units for commercial use and two condominium units on the second floor for residential use. The proposed condominium project (Tract 3068) would allow the commercial and residential units to be sold separately. The project includes eighteen (18) parking spaces, 2,542 square feet of landscaping (in the C-1 zone), and a 704 square foot common plaza area located between 1101 and 1161 Price Street. See Figure 4 below. The proposed project would not change the height, setbacks, or building locations approved under the current building permits. Page 3 of 18

As noted in Figure 5 and Table 1, the proposed subdivision map would create commercial condominium units on the first floor ranging in size from 732 to 1,300 square feet and residential condominiums on the second floor that are 1,428 square feet each. The project also includes nonexclusive use areas (for items such as the common plaza, stairways, and landings) and exclusive use areas (for items such as a unit s private deck or patio area). C. Project Discussion The proposed Project is consistent Table 1 with the General Plan, Local Condominium Details Coastal Plan (LCP), and the 1983 Zoning Code. Except for the items Floor 1st Unit A Area (SF) 1,300 Use Commercial Location 1101 Price approved under the minor B 732 Commercial modifications, the project has been conditioned to maintain consistency with the development standards approved under Tract 3050 and P13-000048. Two new items that 2 nd C D E F F 813 1,300 1,428 1,428 1,428 Commercial Commercial Residential Residential Residential 1161 Price 1101 Price 1161 Price 1161 Price are conditioned under this project include: 1. Project Landscaping. The project site has two zoning designations. Adjacent to Price Street the property is zoned C-1, the remainder of the site is zoned Resort Residential (R-R) (see Figure 6 below). The tract originally assessed the landscaped area in terms of the area zoned C-1 (roughly 22,434 sf) and the area zoned R-R (roughly 52,560 sf). Under Tract 3050 the applicant proposed and was conditioned to provide 20% landscaping in the R-R zone (i.e., 10,512 sf) and 29% landscaping in the C-1 zone (i.e., 6,506 square feet). The C-1 zone only requires 10% landscaping. The applicant is now proposing 2,542 square feet of landscaping in the C-1 zone (or 11% landscaping). The project conditions have been changed to allow the reduced landscaping amount. See condition A2b, the development standards table. Page 4 of 18

2. Trash, Recycling, & Mat Wash Area. As can be noted in Figure 1 the project originally provided two trash/recycling containers directly west of 1101 & 1161 Price Street. The two trash/recycling containers would serve the mixed use at 1101 & 1161 Price Street. The applicant is now showing one trash/recycling container and a second area as wash out (or additional trash). See Figure 6. With the possible deletion of one of the trash/recycling containers for a wash out area the concern is whether the project is providing adequate trash and recycling facilities for the development. In addition, it would seem appropriate that the wash out facility (an area where restaurant mats, etc. are washed) be located adjacent to the restaurant that it will serve versus being adjacent to residential development across the driveway. Conditions A2d and A3 require the project to maintain the two trash/recycling containers in their originally location per Tract 3050 and to provide the wash out area on the mixed use site (i.e., APN 005-068-056) preferably near the proposed restaurant. Page 5 of 18

EXHIBIT 2 1101 Price Street Façade Changes Approved Under Minor Modification (P14-000198) The exterior façade changes approved under Minor Modification P14-000198 are shown below: 1. Shift (1) decorative tile niche wall recess at rear elevation to align with exterior wall massing and allow new patio rail to terminate properly into exterior finish. 2. Replace (2) storefront windows with (2) decorative tile niche wall recess detailing. This change would allow future tenant improvements to utilize wall for plumbing fixture and appliance placement while still providing consistent decorative elements to the rear elevation. 3. Increase storefront opening from 8-0 to 10-0 opening at front facing patio located at the corner of Wadsworth Ave. and Price Street. Exact door specification shall be part of future tenant improvement building application submittals. 4. New 10-0 storefront opening to access new rear patio area. Exact door specification shall be part of future tenant improvement building application submittals. 5. Shift main door entry to help transition to sidewalk right of way improvements properly. 6. Proposed window re-sizing at (4) upper level front elevation locations to conform with window manufacture sizing standards. Page 6 of 18

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Exhibit 3 RESOLUTION NO. PC-R-2015- PROJECT NO. P14-000162 A Resolution of the Planning Commission of the City of Pismo Beach Approving a Coastal Development Permit and a Tentative Tract Map (Tract 3068) for the creation of six air space condominium units at 1101 & 1161 Price Street; APN: 005-068-056 WHEREAS, Rick and Terri Gambril and Tai Martin, the "Applicant" has submitted an application to the City of Pismo Beach for a Tentative Tract Map (Tract 3068) for the creation of six condominium units (specifically four commercial and two residential condominium units) and other associated improvements; and WHEREAS, the Planning Commission held a duly-noticed public hearing on March 10, 2015 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), the creation of six condominium units are exempted per CEQA Section 15301. 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 Tentative Tract Map (Tract 3068) for the creation of six condominium units and other associated 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. 3. The Tentative Tract Map (Tract 3068) for the creation of six condominium units and other associated improvements are exempt from CEQA in accordance with section 15301 of the CEQA Guidelines, exempting infill development. B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT: 1. The project improvements conform to the public access and public recreation policies of Chapter 3 (commencing with Section 30220) of the California Coastal Act of 1976. 2. The six condominium unit development is appropriate in size so as to be compatible with the adjacent structures. 3. The architectural and general appearance of the development is in keeping with the character of the neighborhood. The proposed development and related Page 8 of 18

improvements are compatible with the visual quality and character of the surrounding area and is compatible with the immediate neighborhood. 4. The proposed development with related improvements is consistent with the General Plan, Local Coastal Plan and General Plan Land Use category of Mixed Use. 5. 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. 6. The site is physically suitable for construction of project improvements to provide six condominium units. 7. The proposed development with related improvements is in keeping with the character of the surrounding area composed of restaurants motels, commercial office space and single and multifamily residential units and is consistent with the zoning of the project site. 8. The proposed tract map 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. 9. The proposed tract map with related improvements will not impair the desirability of investment or occupation in the vicinity. 10. The proposed project will not significantly alter existing natural landforms. 11. The height, bulk, and scale of the buildings are compatible with the adjacent area and with the view and other local coastal program land use plan considerations. C. FINDINGS FOR APPROVAL OF TENTATIVE TRACT MAP No. 3068 The subdivision of the site into four (4) commercial and two (2) residential condominium units is in conformance with the requirements of the Subdivision Map Act (MA): 1. The subdivision of retail commercial zoned property into condominium, mix use lots does not conflict with the Subdivision Map Act provisions. 2. The subdivision of retail commercial zoned property into mixed use lots is consistent with the City s General Plan/Local Coastal Plan with the incorporation of the Conditions of Approval. Page 9 of 18

3. Waste disposal from the development will not result in violation of existing California Regional Water Quality Control Board regulations for infrastructure (MA 66474.6) 4. There are not identified grounds for tentative map denial (MA 66474). 5. The proposed tentative tract map and subdivision design/improvements are consistent with applicable General Plan requirements, as conditioned, including provisions relating to archaeology, and development design. 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 development of a mixed use project; the location is of adequate size and topography to accommodate the development, the site is zoned for mixed use, and other similar uses are located in the immediate vicinity, and because no site features exist which would be detrimental to a mixed use project. 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. The Planning Commission does hereby approve the Coastal Development Permit and Tentative Tract Map (3068) subject to the Conditions attached as Exhibit 3A. UPON MOTION of Commissioner seconded by Commissioner the foregoing Resolution is hereby approved and adopted the 10th day of March, 2015, by the following roll call vote, to wit: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: APPROVED: ATTEST: Chairman Elsa Perez, CMC Administrative Secretary Page 10 of 18

EXHIBIT 4A CITY OF PISMO BEACH CONDITIONS PLANNING COMMISSION MEETING OF MARCH 10, 2015 PERMIT NO. P14-000162 (TTM 3068) LOCATION: 1101 & 1161 PRICE STREET, APN: 005-068-056 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 P14-000162 grants planning permits for the creation of four (4) commercial condominium units on the ground floor and two (2) residential condominium units on the second level for a total of six (6) condominium units as shown on the approved plans with City of Pismo Beach stamp of March 10, 2015. Approval is granted only for the creation of condominium units 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 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 of this permit (i.e. recordation of the final map). The permits will expire on March 10, 2017 unless inaugurated prior to that date. Time extensions are permitted pursuant to Zoning Code Section 17.121.160 (2). 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 Page 11 of 18

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 March 10, 2015. Applicant Property Owner Date Date CONDITIONS, POLICIES, AND SELECTED CODE REQUIREMENTS FOR PROJECT No. P14-000162; 1101 & 1161 Price Street, APN: 005-068-056 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. PLANNING DIVISION: 1. Conditions to be met prior to recordation of the final map and/or occupancy: a. Prior to occupancy or selling individual condominium units (whichever occurs first) the final map for Tract 3068 shall be recorded. b. Prior to occupancy the public/private art required under Condition A C8 shall be installed to the satisfaction of the Community Development Director. c. CC&Rs. Prior to tract map recordation the applicant shall provide CC&Rs for review and approval by the City attorney. The CC&Rs shall provide for the creation of a legal entity pursuant to the laws of the State of California for the control and maintenance of all improvements to be held in common. The project s CC&Rs shall address not only the project site but areas held in common with Tract 3050 (331 Wadsworth). This legal entity shall possess the authority to make sufficient assessments and be responsible for the maintenance of all facilities and shall be self-sustaining. 2. Conditions to be met prior to issuance of a building permit: a. 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. Page 12 of 18

b. COMPLIANCE WITH PLANNING COMMISSION APPROVAL. Prior to the issuance of a building permit for each condominium unit 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: Item Lot area Max Building height Required/Permitted in the Project s C-1 Zone 22,474 sf 30 feet Building Floor Area 13,144 sf or 58% Max lot coverage 9,208 or 41% Planting area 2,542 or 11% Front yard setback 0 to Price Street Side yard setback (Corner) 0 to San Luis & Wadsworth Rear yard setback None Minimum parking spaces required 18 Driveway & Access to Parking 24 feet wide c. LANDSCAPING AND IRRIGATION PLANS. Landscaping and irrigation plans encompassing the C-1 Zone area shall be submitted by the project applicant to the City for review and approval by the project planner. Detailed calculations shall be provided on the face of the plan indicating the provision of a minimum of 10% landscaping provided for the C-1 zone area. The Plans shall be consistent with Chapter 15.48 of the City Of Pismo Beach Municipal Code. The landscape plan shall include the following provisions: 1. Use of low-water-using irrigation systems. Drip irrigation shall be used where feasible. 2. Landscape Design Plan (including plant list) 3. Irrigation Design Plan 4. Tree list, including mature height of all trees. 5. Street trees consistent with the requirements of section 16.40.190 of the City Of Pismo Beach Municipal Code. 6. Street trees shall be maintained consistent with Chapter 12.12 of the Municipal Code. 7. Landscaping square footage shall be calculated based on the lot size after any dedication. 8. The applicant shall provide Public/Private art pieces within the project s plaza area consistent with the original condition for 331 Wadsworth (Tract 3050). Proposed art pieces shall be submitted for review and approval by the Community Development Director. d. Trash, Recycling, & Wash Out Area. The project s trash, recycling, and wash out area shall be shown on the project plans prior to the issuance of a building Page 13 of 18

permit. The location of these facilities shall be consistent with condition A3c below. 3. General Conditions: a. CONSISTENCY WITH TRACT 3050 & P13-000048. Except for items revised and/or amended under this permit (P14-000162 and Tract 3068), the project shall comply with the conditions specified in P13-000048 and Tract 3050. B. BUILDING: b. ALLOWED COMMERCIAL USES. General retail and office uses are permitted in the commercial portion of 1161 Price Street except for medical offices. Medical offices may be permitted at 1161 Price with approval of a parking modification by the City s Community Development Department. General retail and a restaurant/bar use are permitted at 1101 Price Street consistent with Minor Modification P14-000198). c. TRASH, RECYCLING, & WASH OUT. The applicant shall provide two trash/recycling containers consistent with the approval under Tract 3050. Other items, such as wash out areas for restaurant use shall be located on the project site (APN 005-068-056). 1. All construction shall conform to the applicable parts of the California Building Code standards in effect on the date of building permit application and all City codes as they apply to this project. 2. Owner shall comply with the City s Structural Observation Program. The owner shall employ the engineer or architect responsible for the structural design, or another engineer or architect designated by the engineer of record or architect responsible for the structural design, to perform structural observation as defined in Section 220. Observed deficiencies shall be reported in writing to the owner s representative, special inspector, contractor and the building official. The structural observer shall submit to the building official a written statement that the site visits have been made and identify any reported deficiencies that, to the best of the structural observer s knowledge, have not been resolved. 3. The owner shall comply with the City s Special Inspection Program. Special inspections will be required by Section 1704 of the California Building Code. All Special Inspectors shall first be approved by the Building Official to work in the jurisdiction. All field reports shall be provided to the City Building Inspector when requested at specified increments in order for the construction to proceed. All final reports from Special Inspectors shall be provided to the Building Official when they are complete and prior to final inspection. Page 14 of 18

4. Deferred submittals are not allowed, i.e. fire sprinkler plans and calculations, spiral staircases, and truss calculations. 5. A soils investigation performed by a qualified professional shall be required for this project. All cut and fill slopes shall be provided with subsurface drainage as necessary for stability; details shall be provided C. ENGINEERING DIVISION: 1. General Improvement Requirements which shall be met prior to issuance of permit: a) Engineering standard conditions (notes): Shall be placed on the plans at time of submittal. A copy may be obtained through the Engineering Department. b) 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. c) Appropriate City standards shall be referred to on the plans and shall be included on a detail sheet within the plan set. d) The applicant will be responsible for obtaining an encroachment permit for all work within a public right of way. e) All offsite improvements as approved by Tract 3050 shall still apply to Tract 3068. 2. Prior To Issuance of the Final Map: a) The applicant shall pay any current and outstanding fees for Engineering Plan Checking and Construction Inspection services. b) 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. Page 15 of 18

Currently, Tract 3050 has entered into a subdivision agreement and bonded for the offsite improvements with the City for the work associated with Tract 3068. c) The owner shall offer to dedicate to the City the following easement(s). The location and alignment of the easement(s) shall be to the description and satisfaction of the City Engineer: 1. Blanket Public Utilities Easement 2. Storm Drain Easement d) Private easements shall be reserved on the map for the following: 1. Sewer. 2. Water. 3. Utility 4. Access 5. Storm Drainage e) The developer shall annex into the existing Tract 3050 HOA and maintenance agreement or form their own HOA and maintenance agreement for payment of the operating and maintenance costs of the following: 1. Street lights; 2. Parkway/street tree landscaping; 3. Driveway; 4. Sewer; 5. Maintenance of open space. f) All final property corners shall be installed. - END Page 16 of 18

EXHIBIT 5 PROJECT PROPOSED MAP Page 17 of 18

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