Legislation Details

File #: 25-1062    Version: 1
Type: Resolution Status: Passed
File created: 10/6/2025 In control: City Council
On agenda: 11/5/2025 Final action: 11/5/2025
Title: Staff recommends that the Community Development Commission (CDC) adopt a resolution confirming issuance of a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15303 (New Construction or Conversion of Small Structures) and approving a Regular Coastal Permit to construct a rooftop deck and associated access staircase at 208 South Pacific Street.
Attachments: 1. Staff Report, 2. CDC Resolution, 3. Project Plans, 4. DAC Memo, 5. Privacy Analysis, 6. Description & Justification, 7. Public Correspondence

DATE:  November 5, 2025

 

TO:                       Chairperson and Members of the Community Development Commission

 

FROM: Development Services Department

TITLE:  CONFIRMATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION AND CONSIDERATION OF A REGULAR COASTAL PERMIT (RRP25-00002) TO ALLOW THE CONSTRUCTION OF A ROOFTOP DECK AT 208 SOUTH PACIFIC STREET - 208 SOUTH PACIFIC ROOFTOP DECK - APPLICANT: PICANO BUILDERS, INC.

 

RECOMMENDATION

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Staff recommends that the Community Development Commission (CDC) adopt a resolution confirming issuance of a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15303 (New Construction or Conversion of Small Structures) and approving a Regular Coastal Permit to construct a rooftop deck and associated access staircase at 208 South Pacific Street.

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BACKGROUND AND ANALYSIS

 

The project site, located at 208 South Pacific Street, is a 3,270-square foot lot developed with a two-story single-family residence constructed in 1985. The site is situated in the appealable area of the Coastal Zone and has a General Plan land use designation of Downtown (D), a Local Coastal Program land use designation of High-Density Residential (C-RH), and a zoning designation of Downtown Subdistrict 5A (D-5A). Surrounding land uses include Tyson Street Park to the west and a mix of single- and multi-family dwelling units to the north, east, and south.

 

The proposed project consists of construction of a 739-square foot rooftop deck and associated access staircase.  The proposed rooftop deck is westward facing (towards South Pacific Street) and would be accessible through an existing second-floor patio along the east side of the existing single-family residence. The deck comprises approximately 50 percent of the total roof area and is only accessible by residents of the property as there is no access to the ground floor.

 

Pursuant to the City’s Local Coastal Program, a Regular Coastal Permit is required for any improvements to the property since the property lies within the California Coastal Commission appeal jurisdiction of the Coastal Zone. The Regular Coastal Permit is subject to Community Development Commission (CDC) review pursuant to Section 1240 of the Zoning Ordinance since the proposed project requires a discretionary action and the project site is located within the Downtown District. 

Approval of a Regular Coastal Permit is based on the proposed project’s compliance with the City’s General Plan, Local Coastal Program, and Zoning Ordinance to ensure that the project is consistent with the City’s applicable goals, policies, and regulations. A project analysis for each of the above items is included in the attached Downtown Advisory Committee (DAC) memorandum (Attachment 4).

 

Decks, staircase enclosures, and other types of structures are permitted on rooftops subject to compliance with height requirements of the base zoning district or height exceptions per Article 30, Section 3018 of the Zoning Ordinance. The maximum allowable height for the D-5A Subdistrict is 27 feet (or up to 35 feet with approval of a conditional use permit). As currently configured, the rooftop deck guardrails are approximately 26 feet from grade at the tallest point. Therefore, the proposed rooftop deck complies with the maximum allowable height for the D-5 Subdistrict.

 

Staff finds the proposed project consistent with the Local Coastal Program and the General Plan as the request would not impact public views or impair coastal access. The request would also maintain the structure’s compatibility with the surrounding neighborhood regarding height, scale, color, and form.

 

Staff recognizes the unique potential for rooftop decks to negatively impact surrounding properties even when compliant with applicable development standards of the Zoning Ordinance and consistent with the Local Coastal Program. Thus, staff carefully considered this request in the context of the site to ensure a delicate balance would be struck between enhancing the quality of life of the residents within the single-family home without detracting from that of residences surrounding the project site.

 

Potential negative impacts from rooftop decks include aesthetic impacts, increased noise, and privacy concerns. Aesthetic impacts from the deck and associated glass guardrails are consistent with surrounding rooftop decks in the neighborhood. Noise impacts from the deck are not expected given the use is restricted to tenants of the single-family residence and their guests. Regardless, the City’s Noise Ordinance applies to all sites within the City and any violator could be subject to enforcement action.

 

Due to the location of the subject deck and the existing conditions surrounding the property, staff finds that the deck would not result in potential privacy impacts to the existing neighborhood.  To assess potential privacy impacts, staff evaluated properties within 100 feet of the site, as those beyond that range would be largely unaffected due to the compact development pattern of the area (Attachment 5). Directly north of the site are two properties, one of which-adjacent to 208 South Pacific-features an existing rooftop deck that exceeds the proposed deck’s height. A multifamily property lies to the east; however, an existing parapet wall on the single-family residence would prevent privacy concerns.  Of the three properties to the south, the two closest properties have existing rooftop decks. Tyson Street Park is located to the west of the property.

 

ENVIRONMENTAL REVIEW

 

The proposed project is Categorically Exempt pursuant to CEQA Guidelines Section 15303: “New Construction or Conversion of Small Structures” as the project includes construction of a new rooftop deck on an existing structure.

 

PUBLIC NOTIFICATION

 

The applicant posted a Notice of Project Application sign on the property, a legal notice was published in the newspaper, and notices were sent to property owners within a 500-foot radius and to tenants within a 100-foot radius of the subject property. Notices were also sent to individuals and/or organizations requesting notification and other interested parties.

 

Staff has received one letter of support at the time of writing this report (Attachment 7).

 

FISCAL IMPACT

 

Does not apply.

 

COMMISSION OR COMMITTEE REPORT

 

On August 20, 2025, the DAC was presented with the proposed project and after due consideration voted 5-0-4 (Abril, Marshall, Sweeton and Rosales absent) to recommend CDC approval of Regular Coastal Permit.

 

CITY ATTORNEY’S ANALYSIS

 

Pursuant to Oceanside Downtown Zoning Ordinance Article 12, the CDC is authorized to hold a public hearing and consider the evidence presented at the public hearing.  After conducting the public hearing, the CDC shall approve, conditionally approve, or deny the project. The resolution has been reviewed and approved as to form by the City Attorney.

 

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Prepared by: Nichole Weedman, Planner II

Reviewed by: Darlene Nicandro, Development Services Director                                          

Submitted by: Jonathan Borrego, City Manager                      

                                                                                                         

ATTACHMENTS:

1.                     Staff Report

2.                     CDC Resolution

3.                     Project Plans

4.                     DAC Memorandum

5.                     Privacy Analysis

6.                     Description and Justification

7.                     Public Correspondence