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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