HomeMy WebLinkAboutReso 82-22 Uphold appeal of 197 MainRESOLUTION NO. 82-22
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
UPHOLDING AN APPEAL, OVERTURNING THE PLANNING
COMMISSION DENIAL OF A CONDITIONAL USE PERMIT
(CUP19-20) A COASTAL DEVELOPMENT PERMIT (CDP19-047)
AND A VARIANCE REQUEST (VAR20-001) FOR A SMALL NEW
HOME ON A RESIDENTIALLY ZONED PARCEL LOCATED AT
197 MAIN STREET.
THE CITY COUNCIL
City of Morro Bay, California
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 May 17, 2022, for the
purpose of considering approval of Conditional Use Permit (CUP19-20), Coastal Development
Permit (CDP19-047) and Variance Request (VAR20-001); for a proposed new small home to be
located at 197 Main Street ("the Project"); and
WHEREAS, on May 17, 2022, the Planning Commission of the City of Morro Bay adopted
Resolution 05-22 to deny the Conditional Use Permit (CUP19-20), Coastal Development Permit
(CDP19-047) and Variance Request (VAR20-001); and
WHEREAS, on May 24, 2022, an appeal of the Planning Commission action to deny the
project was filed with the City of Morro Bay by Sandy Bean specifically requesting the City Council
review and approve the project; and
WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's Hall,
209 Surf Street, Morro Bay, California, on August 23, 2022, to consider an appeal of the Planning
Commission's denial of the project; 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 previous
decisions made by the Planning Commission, the testimony of the Appellants 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 to overturn the Planning Commission Denial: 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 findings:
California Environmental Quality Act (CEQA) Findings:
1. Pursuant to the California Environmental Quality Act, the project is categorically exempt
under Section 15303, Class 3a, for new construction of a single-family home on a
residentially zoned parcel. Additionally, none of the Categorical Exemption Exceptions,
noted under Section 15300.2, apply to the project.
Coastal Development Findings:
1. The City Council finds that the project is consistent with applicable provisions of the Local
Coastal Program and Chapter 3 of the California Coastal Act for a residential use.
2. The City Council finds the project, as conditioned, is consistent with the character of the
neighborhood in which it is located. The project is surrounded by compatible uses of
moderate density residential development; and is of a design, mass and scale suitable for
the location.
Conditional Use Findings:
3. The project will not be detrimental to the health safety or general welfare of persons
residing or working in the neighborhood.
4. The project will not be injurious or detrimental to property in the neighborhood or the
general welfare of the city.
5. The project is in conformance with the general plan and certified local coastal program.
Variance Findings:
1. Variances granted are subject to conditions that assure that the adjustments do not
constitute a grant of special privilege inconsistent with the limitations upon other properties
in the vicinity with similar site constraints and in the same zoning district.
2. Because of special circumstances applicable to the subject property, including size,
shape, topography and location, the strict application of this title would deprive the subject
property of privileges enjoyed by other properties in the vicinity under identify zone
classifications.
3. The project is consistent with the General Plan and Land Use Plan within the Local Coastal
Plan.
Section 2. Action. The City Council does hereby uphold the appeal filed on May 24, 2022, by
Sandy Bean, the property owner and overturns the Planning Commission denial of Conditional
Use Permit (CUP19-20), Coastal Development Permit (CDP19-047) and Variance Request
(VAR20-001); hereby approving the project subject to the conditions of approval below.
STANDARD CONDITIONS
This permit is granted to allow development of a new home on irregularly shaped parcel with
frontage on a city owned access easement. The proposed home is a two-story home with a
total of 459 square feet of living area and a proposed maximum height of 17 feet above the
average natural grade. The site is approximately 2500 square feet in size and the project is
subject to the Coastal Bluff setback requirements. Due to the unusual site constraints, this
permit grants variances for the following: Surface parking for one car, reduced north and south
setbacks (3 feet, narrowing to 2 feet in the locations where there are architectural pop -outs)
and a roof height in the 20-50-foot bluff setback that ranges between 14 feet and 17 feet in
height. The site is located in an R-1/PD zoning district above the bluff and a portion below the
bluff in a WF/PD zoning district. The property is within the Coastal Appeals Jurisdiction.
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. 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 here on 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.
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 9.28.030.1, 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.
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: Building color and materials shall be as shown on plans approved by the City
Council and specifically called out on the plans submitted for a Building Permit to the
satisfaction of the Community Development Director.
6. Boundaries and Setbacks: The property owner is responsible for verification of lot
boundaries. A licensed land surveyor shall verify lot boundaries and building setbacks to
the satisfaction of the Community Development Director. A copy of the surveyor's Form
Certification based on a boundary survey shall be submitted with the request for
foundation inspection.
7. Landscaping: Landscape plans shall be revised to add restoration plantings along the
disturbed bluff area (pursuant to the recommendations of the Geotechnical Report) and
shall include landscaping over all bare earth areas using drought tolerant, native plants
and trees that will reach a 90% coverage within 5 years. Landscape plan reflecting these
changes shall be included with the building permit submittal plan set.
8. Existing commercial building in Waterfront Commercial zoning district: The applicant is
prohibited from using the existing office building for any short- or long-term residential
occupancy.
9. Screening along access easement and bluff. A screening structure for landscaping along
the north side of the home has been approved as shown on the CDP/CPONAR approved
plans (placed on top of a retaining wall and can be a graduated height from 5 feet to 8
feet east to west) to provide privacy and reduce the impact of the headlights from autos
using the access easement. Partial screening of the southwest portion along the bluff
shall be allowed to a maximum height of 4 feet following recommendations of the
Geotechnical report for bluff setback of the structural support of the proposed screening
structure and compliance with the bluff development standards. Screening and fencing
along the south property line must comply with the fencing requirements in the MBMC
Section 17.48.100.
10. Reduced setbacks. A variance request for a 3-foot setback (narrowing to 2 feet on the
south side of the lower level and in two places on the north side at the second -floor level
to accommodate the pop -out sections of the building) on the north and south sides of the
proposed home has been approved.
11. Increase Roof Height in Bluff Buffer. A variance request for a roof height ranging from 14-
17 feet from average natural grade within the bluff 20-50-foot buffer area has been
approved.
12. Restriction on development along the bluff: The geotechnical recommendation is for a
retaining wall on the west side of the parking space to provide additional stability to the
bluff. The civil plans show the retaining wall at the top of bluff, which is prohibited by
MBMC 17.45.040. Building permit submittal shall setback the retaining wall 4-5 feet east
of the bluff face or other location as recommended by an updated geologic report
addressing this issue.
BUILDING DIVISION CONDITIONS
A. CONDITIONS PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
1.) Building permit plans shall be submitted by a California licensed architect or engineer when
required by the Business & Professions Code, except when otherwise approved by the Chief
Building Official.
2.) The owner shall designate on the building permit application a registered design professional who
shall act as the Registered Design Professional in Responsible Charge. The Registered Design
Professional in Responsible Charge shall be responsible for reviewing and coordinating submittal
documents prepared by others including phased and staggered submittal items, for compatibility
with design of the building.
3.) The owner shall comply with the City's Structural Observation Program. The owner shall
employ the engineer or architect responsible for the structural design, or another engineer or
architect designated by the engineer of record or architect responsible for the structural
design, to perform structural observation as defined in Section 220. Observed deficiencies
shall be reported in writing to the owner's representative, special inspector, contractor and the
building official. The structural observer shall submit to the building official a written statement
that the site visits have been made and identify any reported deficiencies that, to the best of
the structural observer's knowledge, have not been resolved.
4.) The owner shall comply with the City Special Inspection Program. Special inspections will be
required by Section 1704 of the California Building Code. All Special Inspectors shall first be
approved by the Building Official to work in the jurisdiction. All field reports shall be provided
to the City Building Inspector when requested at specified increments for the construction to
proceed. All final reports from Special Inspectors shall be provided to the Building Official
when they are complete and prior to final inspection.
5.) A soils investigation performed by a qualified professional shall be required for this project. All
cut and fill slopes shall be provided with subsurface drainage as necessary for stability; details
shall be provided. Alternatively, submit a completed City of Morro Bay soils report waiver
request.
6.) Mitigation measures for natural occurring asbestos require approval from San Luis Obispo
County Air Pollution Control District.
7.) BUILDING PERMIT APPLICATION: To apply for building permits, submit three (3) sets of
construction plans, fire sprinkler plans, if applicable, and supplemental documents to the
Building Division.
8.) The Title sheet of the plans shall include, but not limited to:
• Street address, lot, block, track, and Assessor Parcel Number
• Occupancy Classification(s)
• Construction Type
• Maximum height of the building allowed and proposed
• Floor area of the building(s)
• Fire sprinklers proposed or existing
• Minimum building setback allowed and proposed
All construction will conform to the 2019 California Building Code (CBC), 2019 California
Residential Code (CRC), 2019 California Fire Code (IFC), 2019 California Mechanical
Code (CMC), 2019 California Plumbing Code (CPC), 2019 California Electrical Code
(CEC), 2019 California Energy Code, 2019 California Green Building Code (CGBC), Title
14 and 17 of the Morro Bay Municipal Code.
(Code adoption dates are subject to change. The code adoption year is established by
application date of plans submitted to the Building Division for plan review.)
B. CONDITIONS TO BE MET DURING CONSTRUCTION:
1.) SITE MAINTENANCE: During construction, the site shall be maintained to not infringe on
neighboring property, such as debris and dust. A storm water management plan shall be
maintained through the duration of the project. The storm water management measures such as
fiber rolls, silt fencing, etc. will be enforced by City staff by random site visits.
2.) ARCHAEOLOGICAL MATERIALS: In the event unforeseen archaeological resources are
unearthed during any construction activities, all grading and or excavation shall cease in the
immediate area and the find left untouched. The Building Official shall be notified so that the
extent and location of discovered materials may be recorded by a qualified archaeologist,
Native American, or paleontologist, whichever is appropriate. The qualified professional shall
evaluate the find and make reservations related to the preservation or disposition of artifacts
in accordance with applicable laws and ordinances. If discovered archaeological resources
are found to include human remains, or in any other case when human remains are
discovered during construction, the Building Official shall notify to county coroner. If human
remains are found to be of ancient age and of archaeological and spiritual significance, the
Building Official shall notify the Native American Heritage Commission. The developer shall
be liable for costs associated with the professional investigation.
3.) FOUNDATION SETBACK VERIFICATION: Prior to the placement of concrete and upon
completed form installation, a licensed surveyor is required to measure and record the
distance from the proposed foundation walls to the established lot lines. The contractor shall
submit these findings in letter format to the building inspector upon the request for a foundation
inspection. Letter shall specify the findings of front, sides and rear yard setbacks as defined
in Title 17 of the MBMC. The Building Official shall have discretion on a case -by -case basis
for some lot types.
4.) BUILDING HEIGHT VERIFICATION: Prior to roof sheathing or shear wall inspection, a
licensed surveyor is required to measure and record the height of the structure. The contractor
shall submit this finding in letter format to the building inspector upon the request for roof
sheathing/shear wall inspection. Letter shall specify the recorded height of structure as
defined in Title 17 of the MBMC. The Building Official shall have discretion on a case -by -case
basis for some site -specific projects.
5.) EXISTING BUILDINGS: Where windows are required to provide emergency escape and
rescue openings, replacement windows shall comply with the maximum sill height
requirements of section R310.2.2 and the minimum opening area requirements of section
R310.2.1 of the 2019 California Residential Code.
C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF THE
CERTIFICATE OF OCCUPANCY.
1.) Prior to building division final approval and request for final inspection, all required inspections
from the other various divisions and departments must be completed and verified by a city
inspector. All required final inspection approvals must be obtained from the various
departments and documented on the permit card. This permit card shall then be turned into
the building division for scheduling of the final building inspection.
2.) Any as -built drawings that were required by the building inspector or plans examiner must be
submitted for approval prior to the request for final inspection.
3.) If structural observations were required, the final structural observation report shall be
submitted to the building division prior to issuance of the certificate of occupancy or final
inspection approval.
4.) If special inspections were required, the final special inspection report shall be submitted to
the building division prior to the issuance of the certificate of occupancy or final inspection
approval.
5.) Final soils summary report from the geotechnical representative indicating compliance with
the required conditions set forth in the soils report.
6.) Final T-24 energy reports (Certificates of Installation).
PUBLIC WORKS CONDITIONS
1. Stormwater Management: The City has adopted Low Impact Development (LID) and Post
Construction requirements. All proposed projects must complete the "SFR Performance
Requirement Determination Form" to determine if any requirements should be submitted.
The requirements can be found in the Stormwater management guidance manual on the
City's website www.morro-bay.ca.us/EZmanual (MBMC 14.48.140) The submitted
Performance Requirement Determination Form identifies this project as exempt.
2. Frontage Improvements: The installation of frontage improvements is required. Show the
installation of a city driveway approach per City standard detail B-7. An encroachment
permit is required for any work within the Right of Way. (MBMC 14.44.020)
3. Sewer Lateral: Indicate and label new private sewer lateral pipe. (MBMC 14.07.030)
4. Sewer Backwater Valve: Indicate and label sewer backwater valve on plan. A backwater
valve, extended to and accessible from grade for maintenance, shall be installed on every
Building sewer. Exception: Installation of backwater valve shall not be required when, to
the satisfaction of Building Official, it is determined that the intent and purpose of this
section is otherwise met.
5. Erosion and Sediment Control Plan: For small projects less than one acre and less than
15% slope, provide a standard erosion and sediment control plan. Show on plans the
control measures to provide protection against erosion of adjacent property and prevent
sediment or debris from entering the City right of way, adjacent properties, any harbor,
waterway, or ecologically sensitive area.
6. Water Meter: Indicate and label new water meter on plans and include size of meter.
7. Grading and Drainage: Indicate on plans the existing and updated contours, drainage
patterns, spot elevations, finish floor elevation and all existing and proposed drainage
pipes and structures.
8. Utilities: Show all existing and proposed locations of the sewer lateral, water service, and
water and sewer mains on the building plans. Include sizes where appropriate. Note the
location of all overhead utilities and construction underground service entrances per the
CBC.
Add the following Notes to the Plans:
1. Any damage, as a result of construction operations for this project, to City facilities, i.e.,
curb/berm, street, sewer line, water line, or any public improvements shall be repaired at
no cost to the City of Morro Bay.
2. No work shall occur within (or use of) the City's Right of Way without an encroachment
permit. Encroachment permit application and requirements are available on the City's
website at the following location: https://www.morro-bay.ca.us/197/Public-Works.
• A standard encroachment permit shall be required for the proposed driveway; the
driveway shall comply with B-9 (Driveway Ramps: Size & Location).
• A sewer encroachment permit shall be required for any repairs or installation of a
sewer lateral within the City right-of-way or within a utility easement.
• If a construction dumpster is used, the dumpster location shall be on private property,
unless allowed by a temporary encroachment permit within the City right-of-way.
• Any temporarily blocked off parking space(s) or street requires an encroachment
permit. A traffic control plan is also required for any temporary lane closures or street
traffic adjustments.
FIRE DEPARTMENT CONDITIONS:
1. Fire Safety during Construction and Demolition shall be in accordance with 2019 California
Fire Code, Chapter 33. This chapter prescribes minimum safeguards for construction,
alteration, and demolition operations to provide reasonable safety to life and property from
fire during such operations.
2. Automatic fire sprinklers. An automatic fire sprinkler system, in accordance with NFPA 13-
D, California Fire Code (Section 903) and Morro Bay Municipal Code (Section 14.08.090).
3. Carbon monoxide alarms in new dwellings and sleeping units. An approved carbon
monoxide alarm shall be installed in dwellings having a fossil fuel -burning heater or
appliance, fireplace or an attached garage. Carbon monoxide alarms shall be listed as
complying with UL 2034 and be installed and maintained in accordance with NFPA 720
and the manufacturer's instructions. (CRC R315.2)
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 23rd day of August 2022 on the following vote:
AYES: Headding, Addis, Barton, Ford
NOES: Heller
ABSENT: None
ATTEST
AN4SANSON, City Clerk