HomeMy WebLinkAboutReso 07-23 Appeal 101 Fig StreetRESOLUTION NO. 07-23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
TO DENY THE APPEAL OF THE PLANNING COMMISSION APPROVAL OF
COASTAL DEVELOPMENT PERMIT #CDP21-035, CONDITIONAL USE PERMIT
#CUP21-12, AND VARIANCE #VAR21-003 FOR REMOVAL OF THE EXISTING
DWELLING UNIT KNOWN AS THE LITTLE RED HOUSE, AND NEW
CONSTRUCTION OF A PROPOSED 1,676SF HOME WITH 466SF GARAGE, 70SF
SECOND FLOOR BALCONY, 233SF REAR PAVER PATIO AREA, AND 420 SF
ROOF DECK LOCATED IN THE R-2 ZONING DISTRICT, PLANNED DEVELOPMENT
OVERLAY, AND WITHIN THE COASTAL COMMISSION APPEALS JURISDICTION
LOCATED AT 101 FIG STREET
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay (the "City")
conducted a public hearing on November 15, 2022 in a hybrid format with both an in -
person meeting at the Morro Bay Veterans Memorial Building at 209 Surf Street, Morro
Bay, CA as well as through virtual public participation provided telephonically through
Zoom, and approved a Coastal Development Permit#CDP21-035, Conditional Use Permit
#CUP21-12 and Variance #21-003 request for removal of the existing dwelling unit known
locally as the Little Red House and new construction of a single-family home on a R-2
zoned property located in a Planned Development overlay ("Project") ; and
WHEREAS, Mr. Terry Simons filed an appeal of the Planning Commission
November 15, 2022 approval on November 25, 2022 pursuant to Morro Bay Municipal
Code section 17.58.070; and
WHEREAS, the City Council of the City conducted a public hearing in a hybrid
format both in person and via video conference on January 24, 2023, for the purpose of
considering an appeal filed on November 25, 2022 of the Planning Commission approval
of Coastal Development Permit #CDP21-035, Conditional Use Permit #CUP21-12, and
Variance #VAR21-003; 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
testimony of the appellant, 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 Council makes the following
findings:
California Environmental Quality Act (CEQA)
For purposes of 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 Permit 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 new
single-family home and removal of the existing residential dwelling unit.
2. The City Council finds that the project is in conformity with the public access and
public recreation policies of Chapter 3 of the California Coastal Act because the
project design has been sited to not impact neighboring coastal access and public
parking in the Tideland Park and parking lot.
3. 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.
4 The City Council finds the project has been designed consistent with provisions of
the Coastal Land Use Plan Policies PS2.13 and PS2.2 in that the project provides
for slope stability of the bluff by minimizing alteration of natural landforms. It is
designed in its site layout to minimize alteration of natural landforms and through
the design mitigates geologic hazards, does not contribute significantly to erosion
nor substantially alter landforms, does not diminish the stability of the area and
preserves the character of the bluff. The 101 Fig St project otherwise complies with
the development standards of the zone as further described in the staff report
presented to both the Planning Commission at its November 15, 2022 meeting and
the City Council meeting on January 24, 2023.
5 The project is consistent with bluff policies (MBMC 17.45.010.D) which require
property to maintain the unique geographic features of the bluffs and ensure
development is subordinate to the character and form of the coastal bluff areas.
In addition, the project is consistent MBMC 17.48.190 regarding protection of
visual resources and compatible design in that it has been sited and designed to
meet standards to protect natural landform by minimizing alteration.
6 In addition, pursuant to MBMC section 17.45.060, the project geologic reports
prepared by GeoSolutions and discussed in the November 15, 2022 Planning
Commission staff report have been reviewed by the City Engineer for technical
accuracy and soundness of conclusions drawn.
Conditional Use Permit Findings
1. The project will not be detrimental to the health safety or general welfare of persons
residing or working in the neighborhood in that the proposed single-family
residence is a permitted use in the zoning district and provides for the required
parking.
2. The project will not be injurious or detrimental to property in the neighborhood or
the general welfare of the city because the home has been sited to mitigate
hazards, does not diminish the stability of the area, nor substantially alter
landforms. The project has also been conditioned to incorporate the
recommendations in the Geosolutions July 2022 report.
3. The project is in conformance with the general plan and certified local coastal
program in that with the variance approval to reduce front setback from 20 feet to
10 feet, the project complies with all other development standards.
Variance Findings:
1. Variance granted is 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.
The Variance request to reduce the front setback from 20 feet to 10 feet does not
constitute a special privilege because the property is required to comply with all
development standards including parking requirements for two covered and
enclosed spaces. The setback reduction provides for slope stability of the bluff by
minimizing alteration of natural landforms and preserving the character of the bluff
line.
2. Because of special circumstances applicable to the subject property, including
size, shape, topography and location, the strict application of the Zoning Code title
would deprive the subject property of privileges enjoyed by other properties in the
vicinity under identify zone classifications. Reduction of front setback from 20 feet
to 10 feet is warranted in that special property circumstances include the site
constraints related to the overall slope and topography of the lot and the small size
of the lot which would otherwise require additional excavation into the historic bluff
face to provide an adequate building footprint for the development and the project
has been designed to minimize alteration of natural landforms. The new retaining
wall for the home is proposed in the same approximate location as the existing 4'
retaining wall.
3. The project is consistent with the General Plan and Land Use Plan of the Local
Coastal Program. Reduction of front setback from 20 feet to 10 feet is consistent
in that it accommodates development of the lot with a single family home which
exists there now and meets parking requirement of two covered and enclosed
spaces.
Planned Development Overlay Finding
A. The City Council finds the project as conditioned is consistent with the Planned
Development (PD) Overlay and project plans complies with the PD standards for
residential development as specified in MBMC section 17.40.030. The project is
consistent with the City's adopted residential design guidelines in that the design
of the home includes barn red board and batt siding with standing seam metal
roofing, white and teal window and door trim and dark brown timber and plank
siding to resemble the design of the existing Little Red House.
Section 2: Action. The City Council does hereby deny the appeal and approve Coastal
Development Permit (CDP21-035), Conditional Use Permit (CDP21-12), and Variance
(VAR21-003) with the following conditions of approval supported by the above findings.
STANDARD CONDITIONS
1. This permit is granted for the land described in the Council staff report dated
January 6, 2023 and Planning Commission staff report dated November 8, 2022,
for the project at 101 Fig Street depicted on plans dated October 25, 2022, on file
with the Community Development Department, as 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 plans, 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 (the
"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 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 applicant's 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 herein 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 Planning Commission 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. Restriction on development along the blufftop: No development shall be allowed
within the bluff buffer setback area.
8. Reduced setbacks. A variance request for a reduction in front setback from 20
feet to 10 feet has been approved.
9. Addressing: Application for building permit approval shall include a request to the
City for re -addressing the property from 101 Fig St. where there is no vehicle
access to addressing that meets City requirements for property access from
Embarcadero Road.
10. Applicant shall complete and submit an application for voluntary lot merger prior to
issuance of a building permit pursuant to MBMC 16.32.040.
11. The recommendations by GeoSolutions in the Engineering Geology Investigation
reports dated July 27, 2022 shall be incorporated into the building plans submitted
for approval.
Planning condition #12 added by Planning Commission at 11-15-2022 meeting.
12. Applicant shall prepare and submit a relocation plan for review that provides for
relocation of the Little Red House prior to issuance of a building permit.
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, tract, and Assessor Parcel Number
• Occupancy Classifications)
• 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:
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
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. Sewer Lateral: Indicate and label if private sewer lateral pipe will be replaced or to
remain in place. If the existing sewer lateral is proposed to remain in place, then
perform a video inspection of the lateral (from the clean -out at structure to the
connection at the sewer mainline pipe) and submit to Public Works via flash drive,
prior to building permit plan approval. Requirements for the sewer video inspection
can be located on the City's website at the following location: https://www.morro-
bay.ca.us/DocumentCenterNiew/13500/Private-Sewer-Line-Video-Requirements.
Lateral shall be upgraded, repaired or replaced as required to prohibit
inflow/infiltration. All repairs or replacements identified from sewer video, shall be
noted on approved set of plans, prior to plan approval. (MBMC 14.07.030).
3. 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. (MBMC 14.07.010.C).
4. 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.
5. Water Meter: Indicate and label new water meter on plans and include size of
meter.
6. 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.
7. 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 24th day of January 2023 on the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
oa,
CA" WIXOM, Mayor
ATTEST
l
A SWANSON, City Clerk
10