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HomeMy WebLinkAboutReso 66-15 Approving conditional use permit (UP0-424) "Fishermen's Samily Sculpture"RESOLUTION NO.66-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (UPO-424) FOR CONCEPT AND PRECISE PLANS TO ALLOW THE ERECTION OF A LIFE SIZE STATUE, THE "FISHERMEN'S FAMILY SCULPTURE," ON COLEMAN DRIVE, 100 FEET FROM THE BASE OF MORRO ROCK AND WEST OF TARGET ROCK, AS A TRIBUTE TO FAMILIES OF MARINERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay (the "City") conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on September 1, 2015, for the purpose of considering Conditional Use Permit UPO-424 for a proposed statue on Coleman Drive, 100 feet from the base of Morro Rock and west of Target Rock in an unpaved parking area within the original jurisdiction of the California Coastal Commission; and WHEREAS on September 1, 2015, the Planning Commission adopted Resolution 30-15, which forwarded a favorable recommendation for approval to the City Council; and WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on October 13, 2015, pursuant to the Planned Development regulations found at Title 17.40.030 of the City's Zoning Ordinance for the purpose of considering approval of Conditional Use Permit UPO-424 for Concept and Precise Plans for a proposed statue on Coleman Drive, 100 feet from the base of Morro Rock and west of Target Rock in an unpaved parking area within the original jurisdiction of the California Coastal Commission; and WHEREAS, notice of the public hearing was provided 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 applicant, interested parties, 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. Based upon all the evidence, the Commission makes the following findings: California Environmental Quality Act (CEQA) Finding 1. Pursuant to the California Environmental Quality Act, the project is categorically exempt 01181.0001/270387.1 City Council Resolution 66-15 UPO-424: Coleman Drive Fishermen's Sculpture Page 2 under Section 15303, Class 3(a), for construction of a limited number of new structures in an urbanized area. Additionally, none of the Categorical Exemption Exceptions, noted under Section 15300.2, apply to the project. Conditional Use Permit Findings 1. As conditioned, the project is consistent with the General Plan and Local Coastal Program regarding a memorial statue in the Morro Rock area that is placed a minimum of 100 feet from the base of Morro Rock. 2. 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 the Fishermen's Family Sculpture is small in scale and intended to be a memorial dedicated to the City as a passive recreational use and is a permitted use within the zoning district applicable to the project site and said structure complies with all applicable project conditions and City regulations. 3. The project will not be injurious or detrimental to property and improvements in the area nor to the general welfare of the City because the Fishermen's Family Sculpture is a permitted use within the zone district and plan designation applicable to the site and said use is designed to be accordance with all applicable project conditions and City regulations. Planned Development Overlay Findings 1. The Precise Plan is in substantial conformance with the Concept Plan because the project as submitted has been fully developed to include both Concept and Precise plan requirements. Section 2. Action. The City Council does hereby approve Conditional Use Permit UPO-424 for the Fishermen's Family Sculpture located on Coleman Drive, 100 feet from Morro Rock and west of Target Rock subject to the following conditions: STANDARD CONDITIONS 1. This permit is granted for the land described in the staff report dated September 28, 2015, for the Fishermen's Family Sculpture statue to be placed on Coleman Drive 100 feet from the base of Morro Rock and west of Target Rock as depicted on plans dated June 22, 2015, as part of Conditional Use Permit UPO-424, on file with the Community Development Department, as modified by these conditions of approval, and more specifically described as follows: Site development, including all statue structure and other features, shall be located and designed substantially as shown on plans, unless otherwise specified herein. 01181.0001/270387.1 City Council Resolution 66-15 UPO-424: Coleman Drive Fishermen's Sculpture Page 3 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 Manager (the "Manager"), 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. Chi: Minor changes to the project description and/or conditions of approval shall be subject to review and approval by the Community Development Manager. Any changes to this approved permit determined, by the Manager, 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; and (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 (the "Indemnified Parties"), from any claim, action, or proceeding against any of all of the Indemnified Parties, as a result of the action or inaction by any or all of the Indemnified Parties, 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 none of the Indemnified Parties are under any 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 Manager or as authorized by the Planning Commission. Failure to comply with any of these conditions shall render this entitlement, at the discretion of the Manager, 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. 01181.0001/270387.1 City Council Resolution 66-15 UPO-424: Coleman Drive Fishermen's Sculpture Page 4 PLANNING CONDITIONS Archaeology: In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall immediately cease in the immediate area, and the find should be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and/or salvage. The developer shall be liable for costs associated with the professional investigation. 2. Construction Hours: Pursuant to MBMC subsection 9.28.030 L, Construction or Repairing of Buildings, the erection (including excavating), demolition, alteration or repair of any building or general land grading and contour activity using equipment in such a manner as to be plainly audible at a distance of fifty feet from the building other than between the hours of seven a.m. and seven p.m. on weekdays and eight a.m. and seven p.m. on weekends except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Community Development Department, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. Notwithstanding the fact this project does not involve a building, that regulation shall be deemed to apply to this project. 3. Dust Control: That prior to issuance of a grading permit, a method of control to prevent dust and wind blow earth problems shall be submitted for review and approval by the Building Official. 4. Conditions of Approval on Building Plans: Prior to the issuance of a Building Permit, the final Conditions of Approval shall be attached to the set of approved plans. The sheet containing Conditions of Approval shall be the same size as other plan sheets and shall be the last sheet in the set of Building Plans. 5. Architecture: Statue color and materials shall be as shown on plans approved by the City Council and to the satisfaction of the Community Development Manager. 6. ESHA Buffer: The Fishermen's Family Sculpture statue, including foundation base, shall maintain a minimum buffer setback of 100 feet from the base of Morro Rock. The Applicant is responsible for verification of maintaining the required 100 foot ESHA setback from Morro Rock. Prior to concrete pouring of the foundation base, a licensed land surveyor shall submit verification of ESHA buffer setbacks to the satisfaction of the Community Development Manager. 7. Coastal Development Permit: Applicant shall provide evidence of either a Coastal Development Permit or a waiver as issued by the California Coastal Commission prior to issuance of a building permit. 01181.0001/270387.1 City Council Resolution 66-15 UPO-424: Coleman Drive Fishermen's Sculpture Page 5 8. Project shall include a delineated rock buffer to be placed around the perimeter of the statue after completion of statue installation. The applicant shall coordinate with the City's Public Works Department on statue installation, design of the statue base and rock placement. Design of the statue base shall be reviewed and approved by the Public Works Director. The rock buffer placement shall be the responsibility of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting thereof held on this 13th day of October, 2015, by the following vote: AYES: Irons, Headding, Johnson, Smukler NOES: None ABSENT: Makowetski ABSTAIN: None JA IE L. IRONS, Mayor ATTEST: DANA SWANSON, City Clerk 01181.0001/270387.1