Loading...
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 01181.0001/250439.1 1 of 7 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. 2 of 7 City Council Resolution #20-15 CPO-442 & UPO-381 301 Little Morro Creek Road 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. 3 of 7 City Council Resolution #20-15 CPO-442 & UPO-381 301 Little Morro Creek Road 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. 4 of 7 City Council Resolution #20-15 CPO-442 & UPO-381 301 Little Morro Creek Road 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. 5 of 7 City Council Resolution 920-15 CPO-442 & UPO-381 301 Little Morro Creek Road 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 6 of 7 City Council Resolution #20-15 CPO-442 & UPO-381 301 Little Morro Creek Road 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 7 of 7