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HomeMy WebLinkAboutReso 60-23 APPEAL OF 1140 Allesandro Street.sgRESOLUTION NO. 60-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TO DENY THE APPEAL OF THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT CUP22-06, COASTAL DEVELOPMENT PERMIT CDP21-004 AND TENTATIVE TRACK MAP TTM22-04 FOR NEW CONSTRUCTION OF A MIXED -USE PROJECT IN THE MCR ZONING DISTRICT AND OVERLAY AREA LOCATED AT 1140 ALLESANDRO 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 August 1, 2023, conducted in a hybrid format with both an in -person meeting at the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, CA 93442 as well as through virtual public participation provided telephonically through Zoom, for the purpose of considering the approval of the CUP22-06, CDP22-004 and TTM22-04 for a new mixed use project comprised of a 5 residential dwellings, two of which include live/work spaces to be located at 1140 Allesandro Street (the "project"); and WHEREAS, the Planning Commission approved the project as submitted, with three additional conditions added to the resolution; and WHEREAS, Ms. Betty Winholtz filed an appeal on August 11, 2023, of the Planning Commission decision approving the project; and WHEREAS, the City Council of the City of Morro Bay conducted a public hearing on September 12, 2023, for the purpose of considering the appeal of the Planning Commission approval of the project. At that public hearing, the City Council determined to amend certain conditions to the project as such conditions relate to public improvements. This revised Resolution incorporates such revisions as directed by the Council and was presented to the City Council at its September 26, 2023, meeting for final approval; and WHEREAS, notice of the public hearing was provided at the time and in the manner required by law; and WHEREAS, despite ambiguities in the appeal's objections, the City Council exercised due diligence to consider 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) A. Pursuant to the California Environmental Quality Act, the project meets the requirements for a Categorical Exemption under CEQA Guidelines Section 15303 Class 3b. This exemption applies to additions to urban areas creating up to 6 new dwelling units. Additionally, none of the Categorical Exemption exceptions, noted under Section 15300.2, apply to the project. Conditional Use Permit, Coastal Development Permit and Tentative Tract Map findings A. The City Council finds that the proposed development is consistent with the MCR/S.4 Zoning designation in providing an appropriate buffer project between zoning districts. The project will not have any substantial adverse impacts on the environment or coastal resources. B. The City Council finds that the project is in compliance with the General Plan and certified Local Coastal Program and will not be detrimental to the health, safety, and general welfare of persons residing or working in the surrounding neighborhood. C. The findings and conclusions herein are further supported by all findings of fact presented at the City Council hearing, including without limitation those facts stated in the accompanying staff report, exhibits, and public and appellant comments; all of which evidence is incorporated herein by this reference. D. The development was designed subject to the MCR/S.4 Zone Standards, and City design guidelines leading to a residential development that is appropriate in size to be compatible both with adjacent commercial development and with other residential structures in the vicinity. E. The architectural and general appearance of development is compatible with the visual quality and character of the surrounding area and is compatible with the immediate neighborhood. F. The proposed vesting tentative map is consistent with the General Plan, Local Coastal Program and with the General Plan Land Use Plan and Morro Bay Municipal Code. G. The design of the development is compatible with nearby existing uses and will not be detrimental to the health, safety, morals, comfort and general welfare of persons living or working in the vicinity of the proposed project. H. The proposed vesting tentative map will not be detrimental to the orderly development of improvements in the surrounding area and will not be detrimental to the orderly and harmonious development of the City. The proposed vesting tentative map will not impair the desirability of investment or occupation in the neighborhood. Section 2: Action on Appeal; Findings. The City Council does hereby deny the appeal and uphold the Planning Commission decision to approve the Conditional Use Permit (CUP22-06), Coastal Development Permit (CDP22-004) and Tentative Tract Map (TTM22-04). To this end, it is found that: 1. The appeal's objection relating to "vacation of the 5-foot section of public right- of - way along Marengo Drive" is unsupported by the findings and evidence because the City Engineer has the authority to make decisions related to abandonment or vacation of City right-of-way. The appeal's objection relating to "inconsistency with what the building is being called and what facilities are included in the 'drawing' plans" is unsupported by the findings and evidence because the project is an allowed use in the zoning district and meets the specific findings for the MCR Special Development Standards. The residential units can be described with the common term "attached residential units" or more commonly known as townhome units. 3. The appeal's objection relating to "setbacks" is unsupported by the findings and evidence because the Planning Commission has the discretion to approve reduced setbacks if it results in a better design (which the evidence shows is the case for this project), and this was approved in the recent hearing. 4. The appeal's objection relating to "building orientation" is unsupported by the findings and evidence because given the site shape and topography, as well as two differing zoning districts on each side of the site, the Planning Commission found that the placement of the building on the site as approved, meets several findings related to the MCR Special Development standards, such as landscaping buffers along the streets and placement of the project on the site to allow the commercial portion to be visually separate from the residential portion. 5. The appeal's objection relating to "impact to neighborhood" is unsupported by the findings and evidence because although this project will produce more vehicle trips than a vacant site, the hearing discussion also noted that the project will eliminate the current issues of illegal parking on the site and trespass, including overnight parking. 6. The appeal's objection relating to "lack of public improvements in a timely fashion" is unsupported by the findings and evidence because the project is subject to a condition that requires frontage improvements along both streets. However, the public frontage improvements along Marengo Drive are subject to a deferral agreement until such date as the adjacent properties on the North side of Marengo Drive redevelop triggering frontage improvements along the entire norths side of Marengo Drive. The installation of frontage improvements can either be required at the time of project construction (such is the case with Allesandro frontage improvements) or deferred, as is the case for the public improvements along Marengo. 7. The appeal's requested relief or action seeking reexamination for compliance with the items mentioned in the appeal has been satisfied by virtue of the City Council appeal hearing on September 12, 2023. 8. The appeal's requested relief or action seeking a "requirement for a public benefit if public improvements are not timely" fails for lack of grounds and standing because, consistent with finding 6 above, there is no basis for further public improvement requirements in conjunction with the entitlements at issue. All the above conclusions are further supported by all findings of fact presented at the City Council hearing, including without limitation those facts stated in the accompanying staff report, all of which evidence is incorporated herein by this reference. Section 3: Action on Appeal; Modified Conditions. Pursuant to the public hearing on September 12, 2023, the City Council directed that the following conditions upon 3. Conditional Use Permit (CUP22-06), Coastal Development Permit (CDP22-004) and Tentative Tract Map (TTM22-04) be added or amended as follows: 1. Public Works Condition of Approval No. 3 relating to Marengo Drive is hereby amended as follows and Public Works Condition of Approval No. 14 was added as follows (additions shown in bold and deletions shown in stFikethre gh): 3. Marengo Drive: Due to abandonment of Marengo Drive frontage as approved by City Council per Resolution No. 114-92 and City Municipal Code 14.44.020 that excludes all neighboring single-family residences to install curb, gutters and sidewalks, a deferral of frontage improvements can be submitted for the Marengo Drive frontage improvements. Any deferral of frontage improvements along Marengo Drive shall be for a period of time not to exceed two years from final inspection and issuance of a certificate of occupancy (which deferral shall be memorialized in a deferral agreement recordable upon the project site). Complete frontage improvements on Allesandro Street are still required. 14. Landscape within City Right-of-way: All proposed landscaping within the public right of way shall be maintained by the Homeowners Association and the maintenance requirement shall be incorporated into the CC&R's for the development, subject to review and approval by the Public Works Director. Landscape maintenance shall include watering, weeding, disease prevention and plant replacement, as necessary. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 26th day of September 2023 on the following vote: AYES: Wixom, Barton, Edwards, Ford, Landrum NOES: None ABSENT: None ABSTAIN: None RECUSE: None IN. CARLA WIXOM, Mayor ATTEST X�16zv..V4 I Md DAW SWA N, City Clerk