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Title:
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Staff recommends that the City Council adopt a resolution granting the appeal of the Planning Commission's denial and approving Regular Coastal Permit (RC23-00013) and Variance (V24-00001) to allow an existing unpermitted balcony accessory to a second story apartment unit that exceeds the maximum allowable lot coverage in the R-1 District at 1842 South Pacific Street.
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DATE: February 5, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Development Services Department
TITLE: RESOLUTION OVERTURNING PLANNING COMMISSION RESOLUTION NO. 2024-P09 AND APPROVING A REGULAR COASTAL PERMIT AND VARIANCE AT 1842 SOUTH PACIFIC STREET - GARST RESIDENCE - APPLICANT: SHANE GARST
RECOMMENDATION
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Staff recommends that the City Council adopt a resolution granting the appeal of the Planning Commission's denial and approving Regular Coastal Permit (RC23-00013) and Variance (V24-00001) to allow an existing unpermitted balcony accessory to a second story apartment unit that exceeds the maximum allowable lot coverage in the R-1 District at 1842 South Pacific Street.
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BACKGROUND AND ANALYSIS
The public hearing for this item was conducted on January 22, 2025, and is now closed. On January 22, 2025, the City Council approved a motion by a 4-1 vote (Weiss - No) approving the applicant's appeal of the Planning Commission denial of a Regular Coastal Permit and Variance request to allow an unpermitted deck to exceed the lot coverage limitation of the R-1 zoning district. Because staff recommended denial of the applicant's appeal at the time of the public hearing, a resolution for approval was not prepared. A draft resolution has since been prepared and is included in Attachment 1. The resolution includes factual findings as required by Article 41 of the Zoning Ordinance and the Local Coastal Program to implement the City Council's action.
The proposed resolution for approval focuses on findings that the approval of the variance does not constitute a special privilege not enjoyed by other properties in the immediate vicinity of the project site. The resolution includes factual findings to support the conclusion reached by the City Council.
PROJECT DESCRIPTION
The proposed project consists of a Regular Coastal Permit and a Variance to allow an existing unpermitted 326 square foot balcony accessory to Unit 3. The balcony is constructed of wood and supported by five vertical posts. It measures approximately 326 square feet with a height of 13 feet to the top of the railing. Proposed lot coverage would be approximately 47 percent, which exceeds the 40 percent lot coverage permitted in the R-1 zoning district. The staff report from the January 22, 2025 City Council meeting can be found in Attachment 2 of this staff report and includes a detailed description of the proposed project.
CITY ATTORNEY'S ANALYSIS
The public hearing on this application was conducted on January 22, 2025. The resolution has been approved to form by the City Attorney.
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Prepared by: Rob Dmohowski, Principal Planner
Reviewed by: Darlene Nicandro, Development Services Director
Submitted by: Jonathan Borrego, City Manager
ATTACHMENTS:
1. Staff Report
2. City Council Approval Resolution
3. City Council Staff Report dated January 22, 2025
4. Notice of Exemption