HomeMy WebLinkAboutReso 52-18 Appeal kiosk Virg's LandingRESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA
DENYING AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF AMENDMENT
#A00-054 TO PRECISE PLAN CONDITIONAL USE PERMIT (UPO-284) FOR PLACEMENT
OF A SEASONAL KIOSK FOR THE VIRG'S LANDING BUSINESS AT 1001 FRONT STREET.
WHEREAS, the Planning Commission of the City of Morro Bay conducted a public
hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on April 17,
2018, for the purpose of considering an Amendment (A00-054) to the Precise Plan approval of
Conditional Use Permit #UPO-284 ("the Project"); and
WHEREAS, on April 17, 2018, the Planning Commission of the City of Morro Bay
adopted Resolution 12-18 to approve an amendment (A00-054) to Precise Plan Conditional Use
Permit (UPO-284); and
WHEREAS, on April 27, 2018, an appeal of the Planning Commission action to approve
the project was filed with the City of Morro Bay by Giovanni deGarimore specifically requesting
the City Council modify conditions seven (7) through eleven (11); and
WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's
Hall, 209 Surf Street, Morro Bay, California, on June 26, 2018, to consider an appeal of the
Planning Commission's approval of the project, located in an area within the original jurisdiction
of the California Coastal Commission; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
recommendations made by the Planning Commission, the testimony of the Appellants, the
testimony of the business owner, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
Section 1: Findings upholding the Planning Commission Approval
A. The Amendment (A00-054) to Precise Plan Conditional Use Permit for Project UPO-284 was
approved in a manner consistent with the City's General Plan, Local Coastal Program and
Zoning Ordinance,
B. Conditions 7-11 added by the Planning Commission at the April 17, 2018 meeting were
added to address issues of business performance, location, and aesthetics which found for
approval as conditioned. The project conditions as added were thoroughly discussed and
clearly articulated at the end of the hearing.
C. Condition 11 added by the Planning Commission at the April 17, 2018 meeting required that
the conditional use permit amendment be valid for one year only. Based on content of the
Planning Commission deliberation, the condition is modified to require a review of the
conditional use permit after one year as a new business item.
Section 2: Findings. Based upon all the written and oral testimony and evidence presented to
the Council at and for the above public hearing, the City Council makes the following findings:
California Environmental Quality Act (CEQA)
A. That for purposes of the California Environmental Quality Act, Case No. A00-054 is exempt
under Class 11, Section 15311 for accessory structures where seasonal or temporary
placement of items such as a kiosk are allowed and will have no potentially significant
environmental impacts. Furthermore, none of the exemptions to this Categorical Exemption
set forth in CEQA Guidelines Section 15300.2 apply to this project.
Conditional Use Permit Findings
A. The project will not be detrimental to the health, safety, morals, comfort and general welfare
of the persons residing or working in the neighborhood in that signage is an allowed and
appropriate use in the Waterfront zoning district.
B. The project will not be injurious or detrimental to property and improvements in the
neighborhood and the general welfare of the City in that the proposed kiosk supports the
waterfront commercial use which is consistent with the allowable uses on the waterfront.
Waterfront Master Plan Findings
A. The proposed project makes a positive contribution to the visual and public accessibility to
the bay while increasing and maintaining commercial fishing industry:
1. Meets the Waterfront plan height limit and maximum building coverage, bulk, and
scale requirements in that the proposed project does not exceed development
standards for the waterfront zoning district.
2. The proposed project provides the amenities identified in the WF Plan, facilitates
pedestrian visual and physical access to the waterfront, and takes advantage of
outward views and characteristics of the topography in that the information kiosk is
small scaled and does not impede pedestrian access, and at 48 square feet in size
does not impact views which provides for better bay views. It preserves and
enhances the views as seen around the kiosk.
3. The project does not worsen or block more views, it does not block view corridors or
intrude into pedestrian access areas. It takes advantage of outward views and
characteristics of the topography in that the project proposes a information/ticket
sales kiosk that is small scaled and proposed at 7'6" in height.
4. The proposed project makes a positive contribution to the working fishing village
character and quality of the Embarcadero area in that the new project provides
information for whale -watching, and includes a fish identification chart for general
public information to the public.
5. The project contains the elements of harmony, continuity, proportion, simplicity, and
balance, and its appearance matches its function and the uses proposed in that the
new kiosk is designed to provide a nautical theme with articulation that is consistent
with the character of the waterfront.
6. The proposed project does not diminish, either directly or by cumulative impact of
several similar projects, the use, enjoyment, or attractiveness of adjacent buildings
on the property and is in keeping with the style, massing, materials, scale, and use of
its surroundings.
Section 3. Action. The City Council does hereby deny th
Giovanni deGarimore and uphold the Planning Commission
to Precise Plan Conditional Use Permit #UPO-284 located
following conditions:
STANDARD CONDITIONS
e appeal filed on April 27, 2018 by
approval of Amendment #A00-054
at 1001 Front Street subject to the
1. This permit is granted for the land described in the staff report dated June 12, 2018,
for the project at 1001 Front depicted on plans dated April 2, 2018 on file with the
Community Development Department, as specifically modified by these conditions of
approval, and more specifically described as follows: Site development, including all
buildings and other features, shall be located and designed substantially as shown
on Planning Commission approved plans submitted for UPO-284, unless otherwise
specified herein.
2. Inaugurate Within Two Years: Unless the construction or operation of the structure,
facility, or use is commenced not later than two (2) years after the effective date of
this Resolution and is diligently pursued, thereafter, this approval will automatically
become null and void; provided, however, that upon the written request of the
applicant, prior to the expiration of this approval, the applicant may request up to two
extensions for not more than one (1) additional year each. Any extension may be
granted by the City's Community Development Director, upon finding the project
complies with all applicable provisions of the Morro Bay Municipal Code (the
"MBMC"), General Plan and certified Local Coastal Program Land Use Plan (LCP) in
effect at the time of the extension request.
3. Changes: Minor changes to the project description and/or conditions of approval
shall be subject to review and approval by the Community Development Director.
Any changes to this approved permit determined, by the Director, not to be minor
shall require the filing of an application for a permit amendment subject to Planning
Commission review.
4. Compliance with the Law: (a) All requirements of any law, ordinance or regulation of
the State of California, the. City, and any other governmental entity shall be complied
with in the exercise of this approval, (b) This project shall meet all applicable
requirements under the MBMC, and shall be consistent with all programs and
policies contained in the LCP and General Plan for the City.
5. 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 applicants failure to comply with conditions of
approval. Applicant understands and acknowledges the City is under no obligation to
defend any legal actions challenging the City's actions with respect to the project.
This condition and agreement shall be binding on all successors and assigns.
6. Compliance with Conditions: The applicant's establishment of the use or
development of the subject property constitutes acknowledgement and acceptance
of all Conditions of Approval. Compliance with and execution of all conditions listed
hereon shall be required prior to obtaining final building inspection clearance.
Deviation from this requirement shall be permitted only by written consent of the
Director or as authorized by the Planning Commission. Failure to comply with any of
these conditions shall render this entitlement, at the discretion of the Director, null
and void. Continuation of the use without a valid entitlement will constitute a
violation of the MBMC and is a misdemeanor.
7. Compliance with Morro Bay Standards: This project shall meet all applicable
requirements under the MBMC, and shall be consistent with all programs and
policies contained in the LCP and General Plan of the City.
8. Conditions of Approval: The Findings and Conditions of Approval shall be included as
a full-size sheet in the Building Plans.
Fire Department Conditions:
1. Three foot clearance shall be maintained around the circumference of all fire
suppression appliances.
Planning Conditions:
1. Inspection: The applicant shall comply with all City conditions of approval and an
employee or Virg's Landing representative shall be present at the kiosk during the
following hours of operation:
Month
Da
Hours
April— May
Weekends only & special
10am — 2pm
events
June — September
Monday — Thursday
10am — 2pm
Friday— Sunda
9am — 3 m
October - November
Weekends only & special
10am — 2pm
events
2. The northeast corner of the information kiosk/booth shall be no closer than 3 feet to the
back of the sidewalk.
3. The applicant shall maintain .sidewalk clearance at all times for accessibility of
pedestrians. Kiosk booth items shall not encroach on the sidewalk or public right of way.
This permit only allows the kiosk to take place on the private property at 1001 Front
Street.
4. Queue: The window on the east side of the kiosk shall not be used for customer service.
The line shall be formed westward and shall not encroach into the sidewalk, public right
of way, or vehicular path of travel.
5. The approval for placement of the kiosk is allowed only between April 1 through
November 30 annually. Kiosk shall be moved off -site on or before December 1 annually
and placed no sooner than April 1 of each year.
Planning Commission conditions:
Planning conditions 6-11 added by Planning Commission on April 17, 2018. These
conditions were revised by City Council on June 26, 2018 and approved as numbered
6-10.
6. The public lateral access pathway shall be repainted to improve visibility of public
access.
7. The Beach Street public access gate entrance shall be open from 7:30am to dusk, but
may be closed during active fish unloading activities that render public lateral access
dangerous consistent with Coastal Development Permit 3-11-031.
8. The applicant shall demonstrate compliance with condition of approval 1 a of Coastal
Development Permit No. 3-11-031 related to the southern public access area which is
the public area adjacent to and near the walk-up order window for Giovanni's Fish
Market. In addition, this public access area shall be consistent with the Precise Plan
(UPO-284) approved by Planning Commission on May 16, 2012,
9. This permit to be reviewed for compliance with the conditions of approval by the
Planning Commission within one year of kiosk installation with no need for filing of a new
application.
10. This CUP does not limit the City's ability to require modifications to the Harborwalk
and/or relocation of the kiosk, as part of a new lease for the associated lease site.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 26th day of June, 2018, on the following vote:
AYES: Headding, Davis, Makowetski, Irons
NOES: None
ABSENT: McPherson
ABSTAIN: None
L.`IRONS,
ATTEST
Al(
LORI M. KUDZMA, Deputy City Clerk