HomeMy WebLinkAboutReso 20-15RESOLUTION NO.20-15
RESOLUTION OF THE MORRO BAY CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
TO APPROVE COASTAL DEVELOPMENT PERMIT (CPO-442) AND
CONDITIONAL USE PERMIT (UPO-381) TO ALLOW A BMX BIKE PARK ON
VACANT CITY -OWNED PROPERTY NEAR THE INTERSECTION OF LITTLE
MORRO CREEK, RADCLIFFE AND MAIN STREETS. BMX PARK TO
INCLUDE INSTALLATION OF THREE BIKE TRAILS, APPROXIMATELY
600-750 LINEAL FEET, AND WOODEN SKILLS FEATURES FOR RIDERS OF
VARYING ABILITIES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS the City Council of the City of Morro Bay (the "City") adopted
Resolution No. 20-13 supporting the development of a public bike park within the City
limits on March 12, 2013; and
WHEREAS the City Council entered into a Memorandum of Understanding with
the Morro Bay Bike Park, a duly organized community volunteer organization on August
28, 2013, for facilitating Bike Park Design and Permit Processing; and
WHEREAS the City Council entered into a second Memorandum of
Understanding with Central Coast Concerned Mountain Bikers, Inc. a California non-
profit corporation on January 13, 2015, for the construction, repair and maintenance of
the Little Morro Creek Road Bike Park in the City of Morro Bay; and
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 7, 2015, for the purpose of considering Coastal Development Permit CPO-442 &
Conditional Use Permit # UPO-381 for a BMX Bike Park on vacant City -owned property
at 301 Little Morro Creek Road with a portion of the adjacent PG&E owned property
fronting on Little Morro Creek Road to be used for six parking spaces (APN Number
068-183-021 & 068-183-022) in an area outside of the Coastal Commission Appeals
Jurisdiction; and
WHEREAS, on April 7, 2015 the Planning Commission adopted PC Resolution
09-15 which forwarded a favorable recommendation to the City Council for approval;
and
WHEREAS, the City Council conducted a public hearing at the Morro Bay
Veteran's Hall, 209 Surf Street, Morro Bay, California, on April 28, 2015, pursuant to the
Planned Development regulations found at Title 17.40.030 of the City's Zoning
Ordinance for the purpose of considering Coastal Development Permit CPO-442 &
Conditional Use Permit # UPO-381 for a BMX Bike Park on vacant City -owned property
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City Council Resolution #20-15
CPO-442 & UPO-381
301 Little Morro Creek Road
at 301 Little Morro Creek Road with a portion of the adjacent PG&E owned property
fronting on Little Morro Creek Road to be used for six parking spaces (APN Number
068-183-021 & 068-183-022) in an area outside of the Coastal Commission Appeals
Jurisdiction; 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: and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay as follows:
Section 1: 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) Finding
1. Pursuant to CEQA, the project is categorically exempt under Section 15304 of the
State CEQA Guidelines (the "Guidelines"), Class 4: Minor public or private
alterations in the condition of land, water and/or vegetation which does not
involve the removal of healthy, mature, scenic trees except for forestry and
agricultural purposes and includes on grading on land with slopes less than ten
percent. This exemption is appropriate for this project, because the site is
composed of imported fill, due to prior use by the City as property for dirt
stockpiling and the proposed grading activities necessary to construct the Bike
Park will be performed on land with a slope of less than ten percent.
Additionally, none of the Categorical Exemption exceptions, noted under
Guidelines section 15300.2, apply to the project as further analyzed in the staff
report.
Coastal Development Permit Findings
1. The project is an allowable use in its zoning district and is also in accordance with
the certified Local Coastal Program and the General Plan for the City of Morro
Bay and is also in conformance with the coastal access policies of Chapter 3 of
the California Coastal Act.
Conditional Use Permit Findings
1. The project will not be detrimental to the health, safety, comfort and general
welfare of the persons residing or working in the neighborhood because
recreational facilities are permitted uses within the zoning district applicable to
fir+ the project site and are encouraged by the Local Coastal Plan and will be in
accordance with all applicable project conditions and City regulations.
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2. The project will not be injurious or detrimental to property and improvements in
the neighborhood because as conditioned the BMX bike track is consistent with
all City regulations applicable to this project.
3. The project will not be injurious or detrimental to the general welfare of the City
because the BMX bike track is a permitted use within the zoning district and the
project is conditioned to be consistent with all City regulations.
Planned Development Overlay Findings
The project as conditioned with the provision of six parking spaces for the Bike
Park provides greater than normal public benefits because it provides recreational
opportunities for the whole community in that it accommodates riders of varying
abilities. Designing the course to allow for beginner, intermediate and advance
bike trails along with public benches for spectators results in improved site
design.
North Main Specific Plan Findings
1. The development standards of the North Main Street specific plan have been met for
this project in that the proposed project of a Bike Park on vacant lot does not have
existing trees on site and no permanent structures are proposed to be built.
Section 2: Action. The City Council does hereby approve Coastal Development Permit
CPO-449 and Conditional Use Permit #UPO-385 for property known as 301 Little Morro
Creek Road (APN number 068-401-014) subject to the following conditions:
STANDARD CONDITIONS
Permits: This Conditional Use Permit and Coastal Development Permit are
granted for the uses described in the April 2, 2015 Planning Commission staff
report and the April 16, 2015 City Council staff report and all attachments thereto,
and as shown on the plans received by the Community Development Department
on March 30, 2015. In addition to satisfying all of the foregoing Conditions of
Approval for the proposed use, the applicant shall obtain and maintain compliance
with all other required permits and approvals.
2. Inaugurate Within Two Years: Unless the construction or operation of the
structure, facility, or use is commenced within two (2) years of the effective date
of this approval 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. Said
extensions may be granted by the Community Development Manager, upon
finding that the project complies with all applicable provisions of the Morro Bay
Municipal Code (MBMC), General Plan and Local Coastal Program Land Use
Plan (LCP) in effect at the time of the extension request.
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Changes: Any minor change may be approved by the Community Development
Manager. Any substantial change, as so deemed by the Community Development
Manager, will require the filing of an application for an amendment to be
reviewed by the Planning Commission.
4. Compliance with the Law: All requirements of any law, ordinance or regulation
of the State of California, City of Morro Bay, and any other governmental entity
shall be complied with in the exercise of this approval.
5. Compliance with Conditions: Prior to issuance of a grading permit for the
proposed use or development, the owner or designee accepts and agrees to
comply with 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 Community Development Manager and/or as authorized by
the Planning Commission. Failure to comply with 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 Morro Bay
Municipal Code and is a misdemeanor.
6. Compliance with Morro Bay Standards: This project shall meet all applicable
requirements under the Morro Bay Municipal Code, and shall be consistent with
all programs and policies contained in the Zoning Ordinance, certified Coastal
Land Use Plan and General Plan for the City of Morro Bay.
7. Hold Harmless: The applicant and CCCMB, 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. This condition and agreement shall be
binding on all successors and assigns.
8. Construction Hours: Pursuant to MBMC subsection 9.28.030 (I), noise -generating
construction related activities and routine maintenance activities shall be limited
to the hours of 7:00 AM to 7:00 PM Monday through Friday, and 8:00 A.M. to
7:00 P.M. on Saturday and Sunday, unless an exception is granted by the
Community Development Manager pursuant to the terms of this regulation.
9. 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.
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PLANNING CONDITIONS
1. Expiration of Conditional Use Permit: This permit shall expire on May 9,
2020, in which at that time the project will be brought back to Planning
Commission for review to determine if an extension will be granted and if any
additional conditions are necessary.
2. Landscape Plan: Site plan notes on the plans dated January 14, 2015 specify
native vegetation will be planted via City pre -approved seed mix design, or
other mix as recommended by a City approved Biologist. A Landscape Plan
shall be submitted for review and approval by the Community Development
Department within 90 days following the approval of this permit that denotes
landscaping details such as location and type of seed mix design as well as
bark usage or other landscaping amenities. The landscape plan shall include
native and drought tolerant species, and shall be consistent with the City
Master tree list and City landscape policies.
3. Refuse collection stations shall be provided on -site. A minimum of two trash
receptacles and two recycling receptacles with a minimum 50 gallon capacity
shall be placed on -site with plans revised to show location of refuse collection
stations. Responsibility for emptying of trash and recyclables shall be the
responsibility of CCCMB or designated representative consistent with the
Memorandum of Understanding between the City and CCCMB dated January
13, 2015. Final design and appearance of refuse containers shall be subject to
the approval of the Community Development Manager.
4. Fencing: Fencing shall be limited to 4-foot green or earth toned transparent
nylon "snow" fencing surrounding the bike track. Plans shall be revised to
change color from proposed orange to green or earth toned in order to blend in
with surrounding aesthetics. Said fence shall be designed in a manner that
discourages riders from directly entering the park from adjacent private
properties and shall be designed to provide flexibility should a rider run into
the fence.
5. Parking: The project as proposed provides for 5 regular parking spaces and 1
van -accessible ADA parking space. The alternative parking arrangement is
allowable under the Planned Development Overlay requirements. The City
Community Development Department shall re-evaluate parking needs based
on the census of actual parking demand and present an evaluation report to the
Planning Commission no later than six months after the park is opened for
public use. Applicant shall be subject to additional conditions relative to
parking based on Planning Commission review of the project.
6. Bike Parking: Bike parking shall be provided onsite. Plans shall be revised to
denote location of bike rack parking with a minimum capacity to park at least
8 bicycles.
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7. Signs: Signage shall be limited to an informational sign, which includes the
rules and regulations of the park, hours of operation, phone number for
emergency or further information etc. and as further described in the MOU
dated January 13, 2015. The signage shall also include language notifying the
park users their use of the park is at each of their own risks.
8. Applicant shall provide to the City Community Development Department a
copy of consent of landowner letter or other agreement from PG&E that
provides for consent of use of that lot.
9. Hours of Operation: All activities shall be limited to daytime hours beginning
with sunrise and closing at sunset. No lighting shall be allowed without the
approval of the Community Development Manager.
10. 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,
knowledgeable in Chumash Culture, 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.
11. Operation Plan: The park operator shall provide a written plan for the
volunteers' operation of the park and the best practices in that Plan shall
conform with California Government Code §831.7 and California Civil Code
§846, as well as guidelines set forth by organizations and agencies such as:
American Bicycle Association (ABA), International Mountain Bicycling
Association (IMBA), US Forest Service and California State Parks.
12. The project will be reviewed by the Planning Commission within six months
after the park is opened for public use and that review could result in
additional conditions regarding restrooms, trash receptacles, screening, and
other safety -related issues.
BUILDING CONDITION
1. Building Permit: Prior to construction, the applicant shall submit a complete
Building Permit Application and obtain the required Grading Permit.
PUBLIC WORKS CONDITIONS
1. Provide a standard erosion and sediment control plan: The Plan shall show
control measures to provide protection against erosion of adjacent property and
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prevent sediment or debris from entering the City right of way, adjacent
properties, any harbor, waterway, or ecologically sensitive area. Use the City of
Morro Bay's Erosion and Sediment control handout as a guide.
2.
Pave a two -foot wide shoulder along frontage on Little Morro Creek Road.
3.
The bike park is in an area inundated by the 100-year flood as shown on the
current FEMA Flood Insurance Rate Map. A F000dplain Development Permit
must be obtained prior to issuance of a Building Permit. Show on the plans:
a. The mapped limits of the floodplain.
b. The actual limits of flooding for existing conditions.
c. The future limits of flooding based on proposed conditions.
4.
Show cut and fill quantities on the plans.
5.
Show direction of drainage flows and all proposed drainage facilities on the plans.
Add the following Notes to the Plans:
1.
No work within nor any use of any public right-of-way shall occur without an
encroachment permit. Encroachment permits are available at the City's Public
Works Department located at 955 Shasta Ave. The Encroachment permit shall be
issued concurrently with the building permit.
2.
Any damage to any of the City's facilities (such as curbiberm, street, sewer line,
improvements) directly indirectly from
water line, or any public resulting, or
construction operations related to this project shall be repaired at no cost to the
City.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a
regular meeting thereof held on this 28th day of April, 2015, by the following vote:
AYES: Irons, Headding, Johnson, Makowetski, Smukler
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST
DANA SWANSON, City Clerk
?71E L. IRONS, Mayor
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