HomeMy WebLinkAboutReso 26-16 Modifying Precise Plan for 485-495 So Bay BlvdI I Wril 1 1
OF THE CITY OF MORRO BAY, CALIFORNIA
MODIFYINGPRECISE PLAN APPROVALS1'CUPNTTM #UPO070/S00438
SOUTH#AW027) FOR PLANNED UNIT DEVELOPMENT (TRACT 2739) LOCATED AT 485
1 PREVIOUSLY IN 20061 2010 TO
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BAY BLVD AND QUINTANA ROAD
ity of Morro
WHEREAS, the City Council of the City of Morro Bay (the "City") previously adopted
a Mitigated Negative Declaration and approved a Concept Plan approval for Coastal
Development Permit, Conditional Use Permit and Vesting Tentative Tract Map #UPO-070/S00-
038 (case #CP0410/UPO-070/S00-038) on November 13, 2006; and
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AS, the City's Planning Commission previously approved a Precise Plan
on February 17, 2010 for Conditional Use Permit and Vesting Tentative Tract Map 4UPO-
070/S00-038 (case #CPO-110/UPO-070/S00-038); and
WHEREAS, the California Coastal Commission ("CCC") conditionally approved a
Coastal Development Permit on February 11, 2015, known as CDP A-3-MRB-06-064 and
issued a Notice of Intent to Issue a Coastal Development Permit on June 4, 2015; and
WHEREAS, the Planning Commission conducted a public hearing at the Morro Bay
Veteran's Hall, 209 Surf Street, Morro Bay, California, on March 15, 2016, for the purpose of
considering a modification (#A00-027) of the Precise Plan approvals for Conditional Use Permit
and Vesting Tentative Tract Map #UPO-070/S00-038 (case #CP0410/UPO-070/S00-038) for
Planned Unit Development previously approved in 2006. Project amendment includes changes
as a result of CCC -approved CDP #A-3-MRB-06-064) on February 11, 2015, with changes to
project's City -issued permit (CPO -110, UPO-070, S00-038). Included in the modification is an
updated traffic study with recommendation to modify traffic conditions, including removal of
unwarranted traffic improvements, including a 4 -way traffic signal, signalized pedestrian
crossing, and turn lanes at the intersection of South Bay Blvd and Quintana Road and adopted
Resolution 0946; and
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Veteran's Hall, 209 Surf Street, Morro Bay, California, on April 26, 2016, pursuant to the
Planned Development regulations (Morro Bay Municipal Code (MBMC) section 17.40.030), for
the purpose of considering the Proposed Project for 485 & 495 South Bay Boulevard, also
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known as the Black Hill Villas, Tract 2739, in an area partially within the appeals jurisdiction of
the CCC; and
WIIE AS, the Applicant has filed an application to amend the Precise Plan approval
to incorporate CCC changes to the City -approved project; and
FIEREAS, the City Council adopted Resolution 67-15 on October 27, 2015 which
adopts a policy of only installing warranted traffic devices; and
WFIE AS, an updated traffic study dated February 24, 2016, was prepared by Means, which which concluded a 4 -way signal at the intersection of Quintana Road and South Bay
Boulevard was not warranted, nor was a signalized pedestrian crossing or dedicated left turn
lane from South Bay Boulevard onto Quintana Road; and
WISE AS, notice of the public hearing was provided at the time and in the manner
required by law; and
WIIEREAS, the City Council has duly considered all evidence, including the
recommendation made by the Planning Commission, testimony of the applicant, interested
parties, and the evaluation and recommendations by staff, presented at said hearing.
EREAS, the Planning Commission recommended the City Council remove
condition # 50i and 50g which require 4 -way signalization and a signalized pedestrian crosswalk
at the intersection of Quintana and South Bay Blvd, as specified in the Concept Plan permit
approved on November 13, 2006, and also noted as Planning Commission condition 44c on the
Precise Plan permit approved on February 16, 2010;
1\T®W, TIIEREF®I2E, BE I'I' 12ES®I,VEI) 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:
A. For purposes of the California Environmental Quality Act; A Mitigated Negative
Declaration (MND) has been prepared for the Proposed Project, based upon potentially
significant impacts to Hazards issues. Any impacts associated with the Proposed Project
will be brought to a less than significant level through the mitigation measures described in
the MND..
B. An MND was adopted on November 13, 2006 (SCH# 2006061009). That approval is to
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pursuant to CEQA Guidelines § 15162 to determine whether subsequent environmental
review is required for the Proposed Project. Based upon this analysis, none of the
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circumstances set forth in CEQA Guidelines § 15162 have occurred which would require
subsequent environmental review.
C. Additionally, for purposes of CEQA and its review of the 2015 revised project, the CCUs
review and analysis of land use proposals has been certified by the Secretary of Resources
as being the functional equivalent review under CEQA.
A. The project is an allowable use in its zoning district and is consistent with the General
Plan / Local Coastal Program for the City of Morro Bay.
B. The establishment, maintenance, or operation of the residential development will not be
detrimental to the health, safety, comfort or general welfare of the persons residing or
working in the neighborhood, as the project is consistent with all applicable zoning and
plan requirements; and the proposed development has made modifications to the original
proposals including by moving the entrance driveway and several homes farther away
from the on-site stream/riparian corridor, reducing the width of the entrance driveway to
20 feet, and by proposing split -rail fence and permeable public pedestrian trail between
the entrance road and the riparian enhancement area all of which serve to protect
environmentally sensitive habitat (ESH). In addition, three traffic studies prepared for
both the original and the revised project from 2006, 2010 and 2016 all conclude that the
proposed planned unit development of single family homes does not meet traffic
warrants to support installation of a four way signalized traffic device at the intersection
of Quintana and South Bay Boulevard.
C. As conditioned, the project will comply with all applicable City regulations and will not
be injurious or detrimental to property and improvements in the neighborhood or the
general welfare of the City.
D. As conditioned, the proposed map to create sixteen residential lots and a common open
space lot is consistent with the General Plan and Coastal Land Use Plan because
residential development is allowed under the land use designation and zoning and
subdivision provisions of the Morro Bay Municipal Code (the "MBMC"), and as
designed will not impact sensitive resources on the site.
E. As conditioned, the design and improvements to create Black Hill Villas subdivision is
consistent with the General Plan and Coastal Land Use Plan because public and private
improvements will be constructed to meet the needs of the development, while respecting
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F. As conditioned, the site is physically suitable for the type and density of development
proposed because the residential uses and associated improvements have been designed
in consideration of the environmental constraints on the site.
G. As conditioned, the design of the subdivision and related improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat because sensitive resource areas will be avoided and enhanced.
H. The design of the subdivision and improvements will not cause serious public health
problems.
I. The design of the subdivision and related improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision because all such easements shall be retained with the proposed project.
J. As conditioned, the design, architectural treatment, and general appearance of the homes,
associated improvements, and open space areas are in with the character of the
surrounding area, and will not be incompatible with the uses permitted in the surrounding
areas and zoning district.
K. The City has available adequate water to serve the proposed subdivision enforced at the
time of approval of the Vesting Tentative Parcel Map pursuant to the certified Water
Management Plan and General Plan LU -22.1.
L. The project represents innovative design in protecting existing resources on the site while
providing housing at the density allowed for the site by the General Plan.
M. The proposed projct will provide a more desirable and livable community than the
minimum requirements; Create a better community environment in keeping with the
single-family residential nature of the area; Reduce the danger of erosion.
N. The deviations from typical property development standards allow for an innovative
Froject design and provision of a quality residential community and preservation of
environmental resources which could not otherwise have been provided for on the site.
Architectural Consideration
O. The architectural treatment and general appearance of all proposed buildings,
improvements, and open areas are in keeping with the character of the surrounding areas,
are compatible with surrounding natural features, and are not detrimental to the orderly
and harmonious development of the city or the desirability of investment in the area.
Precise Plan.
P. As conditioned, the precise plan approval is consistent with the General Plan and
requirements of the Zoning Ordinance.
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Q The major vegetation removal, as mitigated, will not significantly impact any threatened
or endangered plant or animal habitat area;
R. Reasonably calculated mitigation measures Cue in place to avoid dangerous soil erosion or
instability resulting from the removal;
S. The Major Vegetation removal will not adversely affect the character of the surrounding
neighborhood because it is necessary for the development of the lot.
Section 2. Acti®n. The City Council does hereby modify the Precise Plan approval of
Conditional Use Permit / Vesting Tentative Tract Map #UPO-070/SOO-038 (case #CPO-110/UPO-
070/SOO-038) for a 16 lot planned unit development, known as Black Hill Villas, located at 485
& 495 South Bay Blvd subject to the following conditions:
1. This permit is granted for the land described in the staff reports dated April 11, 2016, and March
9, 2016, and CCC staff report prepared for the February 11, 2015, meeting for the project at 485
& 495 S. Bay Blvd depicted on plans received April 8, 2016, 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 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 additional year
each. Any extension may be granted by the City's Community Development Manager (the
"CDM"), upon finding the project complies with all applicable provisions of 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 CDM. Any changes to this approved permit determined,
by the CDM, 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 an
y law, ordinance or regulation of
the State of California, the City, and any other governmental entity shall be complied with in
r n i n mi i ii ii i• i i n
A exercise or this approval, n) ims project snail meet all appiicaoie requirements unaer 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 and each of its officers, employees and agents from any
claim, action, or proceeding arising from the action or inaction by the City, or any of its
officers, employees or agents 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 herein shall be required prior to
obtaining final building inspection clearance or any certificate of occupancy. Deviation from
that requirement shall be permitted only by written consent of the CDM or as authorized by the
Planning Commission. Failure to comply with any of these conditions shall render this
entitlement, at the discretion of the CDM, 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.
PI�AI�ING C®I�1IiITI®115:
1. 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.
2. 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 CDM.
3. Boundaries and Setbacks: The property owner is responsible for verification of lot
boundaries. Prior to requesting foundation inspection, a licensed land surveyor shall verify
lot boundaries and building setbacks to the satisfaction of the CDM. A copy of the
surveyor's Foran Certification based on a boundary survey shall be submitted with the
request for foundation inspection.
4. Building Height Verification: Prior to foundation inspection, a licensed land surveyor shall
measure and inspect the forms and submit a letter to the CDM certifying the tops of the
forms are in compliance with the finish floor elevations as shown on approved plans. Prior
to either roof nail or framing inspection, a licensed surveyor shall submit a letter to the
building inspector certifying that the height of the structures is in accordance with the
approved plans and complies with the maximum height requirement of 25 feet as measured
from average natural grade of the building footprint.
5. Inspection: The applicant shall comply with all
Planning conditions listed above and obtain a
final inspection from the Planning Division at the necessary time in order to ensure all
conditions have been met.
6. Conditions of Approval: All other Conditions of Approval for Conditional Use Permit /
Vesting Tentative Tract Map UPO-070/500-038 (Case#CP0410/UPO-070/500-038)
including previous amendment conditions shall remain in full force and effect except as
amended with this approval.
7. Traffic Conditions: Previous conditions to install a 4 way signal, dedicated left turn lane and
signalized pedestrian crossing at the intersection of Quintana and South Bay Blvd are hereby
removed from this project.
8. Fencing: Proposed fencing shall be of anon -reflective material that consists of aearth-toned,
neutral color palette and consistent with fencing regulations found in MBMC 17.48.100.
PUBLIC WORKS CONDITIONS:
1. Pedestrian Trail: Applicant shall be responsible for the repair and maintenance of the
decomposed granite pedestrian trail.
CITY COUNCIL CONDITION:
1. The tree planting plan shall be revised to include a greater variety of tree species. Tree
species shall be California native and chosen from the City tree list, subject to review and
approval by the Community Development Man
ager.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 26�' day of April, 2016 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Irons, Heeadding, Makowetski, Smukler
None
Johnson
None
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J IE L. IROI S, Mayor
ATTES
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