HomeMy WebLinkAboutReso 01-19 2575 Greenwood AppealRESOLUTION NO. 01-19
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
DENYING THE APPEAL OF THE PLANNING COMMISSION ACTION,
WHICH DENIED THE APPEAL OF THE DIRECTOR'S APPROVAL OF
COASTAL DEVELOPMENT PERMIT (CPO-575) TO ALLOW FOR THE
CREATION OF AN ACCESSORY DWELLING UNIT AT 2575
GREENWOOD AVENUE
THE CITY COUNCIL
City of Morro Bay, California
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 October 16,
2018, for the purpose of considering a timely filed appeal of the Director's decision to issue a
Coastal Development Permit (CPO-575) ("the Project"); and
WHEREAS, on October 16, 2018, the Planning Commission of the City of Morro Bay
adopted Resolution 31-18 denying the appeal and upholding Director's approval of Coastal
Development Permit (CPO-575); and
WHEREAS, on October 25, 2018, an appeal of the Planning Commission denial was
timely filed with the City of Morro Bay by Judy Johnston and Kay Milligan, specifically requesting
the City Council overturn the Planning Commission's denial and deny the project; and
WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's
Hall, 209 Surf Street, Morro Bay, California, on January 8, 2018, to consider that appeal %J the
Planning Commission's decision, located in an area outside of the appeals jurisdiction of the
California Coastal Commission; and
WHEREAS, notices of the public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the decision
made by the Planning Commission, the testimony of the Appellants, the testimony of the
property owners, and the evaluation, staff report and attachments 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 upholding the Planning Commission Denial of the Appeal
City Council Resolution No. 01-19
Appeal of CPO-575
2575 Greenwood Avenue
Page 2
A. The Coastal Development Permit for Project CPO-575 was approved in a manner consistent
with the City's General Plan, Local Coastal Program and Zoning Ordinance as well as
relevant State laws.
B. The revision to Public Works Condition 3, added by the Planning Commission at the October
16, 2018, meeting, which includes a requirement for signage that prohibits parking at the
dead end of Pico, was thoroughly discussed.
conditioned, the project will not create a hazardous parking situation.
D. There are sufficient legal remedies if applicable parking requirements are not followed.
Section 2: 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 the California Environmental Quality Act, the project is categorically exempt
under Section 15303, Class 3 for a new Accessory Dwelling Unit in an urbanized
residential area. Additionally, none of the exceptions found in CEQA Section 15300.2
apply to this project.
Coastal Development Permit Finding
2. The project is the construction of a second dwelling unit in a residential zone, which is
consistent with the City's General Plan, Local Coastal Plan, and Zoning Ordinance.
Specifically, the permit is an Administrative Coastal Development Permit for the
construction of a new attached 386-sq. ft. Accessory Dwelling Unit within the existing
garage. The project is located within the R-1/S.2 Residential Zoning District and outside
of the Coastal Commission Appeal Jurisdiction,
Section 3. Action. The City Council does hereby deny the appeal filed by Kay Mulligan and
Judy Johnson on October 25, 2018, and approve Coastal Development Permit No. CPO-575 for
property located at 2575 Greenwood Avenue subject to the following conditions:
STANDARD CONDITIONS
1. 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
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 Director,
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.
City Council Resolution No. 01-19
Appeal of CM575
2575 Greenwood Avenue
Page 3
2. Changes: Any minor change may be approved by the Community Development
Director. Any substantial change will require the filing of an application for an
amendment to this permit.
3. 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, including, but not limited to, applicable
vehicle parking requirements.
4. 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. This
condition and agreement shall be binding on all successors and assigns.
5. Compliance with Conditions: Compliance with and execution of all conditions listed
hereon shall be necessary, unless otherwise specified, prior to obtaining final building
inspection clearance. Deviation from this requirement shall be permitted only by written
consent of the Planning and Building Director 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. 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.
7. Compliance with Morro Bay Standards: This projec
PLANNING CONDITIONS:
t shall eet all applicable
consistent with all
plan and General
1. CEQA Exemption: If the applicant elects to post the Categorical Exemption with the
County Clerk's Office, then a required fee of $50 fee shall be made payable to "County
of San Luis Obispo" and delivered to the County Clerk along with the Categorical
Exemption form attached to the coastal development permit. That filing has the effect of
starting a 35-day statute of limitations period for challenges to the decision in place of
the 180-day period otherwise in effect.
2. Construction Hours: Construction Hours: Pursuant to section MBMC 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
City Council Resolution No. 01-19
Appeal of CPO-575
2575 Greenwood Avenue
Page 4
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. Parking During Construction: Parking shall occur in a manner consistent with the MBMC
and the California Motor Vehicle Code and shall not, at any time, block any portion of
any driveway on any other parcel in the vicinity.
4. Dust Control: That prior to issuance of .any grading permit, a method of control to
prevent dust and windblown earth problems shall be submitted for review and approval
by the Building Official,
5. Boundaries and Setbacks: The property owner is responsible for verification of lot
boundaries. Storage containers or other equipment shall not encroach into the required
setback areas consistent with the zoning district.
6. 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,
7. Driveway Removal: The existing driveway located at the western edge of the parcel
shall be removed up to the property line; to be shown on submitted building plans.
8. Parking: Parking shall occur only within designated onsite parking spaces or within the
Public Right -Of -Way in a manner that is consistent with all applicable Sections of the
MBMC and the California Motor Vehicles Code and shall not block or impede ingress or
egress to any other parcel or otherwise create an unsafe situation.
9. Driveway Gate: The gate across the driveway shown on approved plans, dated July
19,2018, shall be removed and shall not be included on plans submitted upon building
permit application.
BUILDING CONDITIONS:
PRIOR TO 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
City Council Resolution No. 01-19
Appeal of CPO-575
2575 Greenwood Avenue
Page 5
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. 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's 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
in order 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. Mitigation measures for natural occurring asbestos require approval from San Luis
Obispo County Air Pollution Control District,
6. 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.
9. BUILDING PERMIT APPLICATION. To apply for building permits submit three (3) sets
of construction plans to the Bung Division.
10. _ The Title sheet of the plans shall include:
a. Street address, lot, block, track and Assessor Parcel .Number.
b. Description of use.
c. Type of construction.
d. Height of the building.
e. Floor area of the building(s).
f. Vicinity map.
All construction will conform to the 2016 California Building Code (CBC), 2016 California
Residential Code (CRC), 2016 California Fire Code (IFC), 2016 California Mechanical
Code (CMC), 2016 California Plumbing Code (CPC), 2016 California Electrical Code
(CEC), 2016 California Energy Code, 2016 California Green Code (CGBC), and
Accessibility Standards where applicable and all City codes as they apply to this project.
City Council Resolution No. 01-19
Appeal of CPO-575
2575 Greenwood Avenue
Page 6
(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 so as to not
infringe on neighboring property, such as debris and dust.
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, then the Building Official shall notify to
county coroner. If human remains are found to be of ancient age and of
archaeological and spiritual significance, then the Building Official shall notify the
Native American Heritage Commission. The developer shall be liable for costs
associated with the professional investigation.
3. A licensed surveyor or engineer shall verify pad elevations, setbacks, prior to
foundation inspection, and/or building height prior to framing inspection when
determined necessary by the Planning Division,
C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF
CERTIFICATE OF OCCUPANCY:
1. Prior to building division final approval all required inspections from the other various
divisions must have been 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.
FIRE DEPARTMENT CONDITIONS:
1. Fire Safety during Construction and Demolition shall be in accordance with 2016
California Fire Code (CFC), Chapter 33. That chapter prescribes minimum safeguards
for construction, alteration and demolition operations to provide reasonable safety to life
and property from fire during such operations.
City Council Resolution No. 01-19
Appeal of CPO-575
2575 Greenwood Avenue
Page 7
2. 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. (CFC R315.2)
3. Address identification. All new and existing single family residence and ADU's shall have
their own approved address numbers or building numbers placed in a position to be
plainly legible from the street or road fronting the property (CFC 505). Provide approved
address numbers 4 inches high with inch stroke in contrasting numbers.
PUBLIC WORKS CONDITIONS:
1. Stormwater Management: The City has adopted Low Impact Development (LID) and
Post Construction requirements to protect water quality and control runoff flow from new
and redevelopment projects. The requirements can be found in the Stormwater
management guidance manual on the City's website www.morro-bay.ca.us/EZmanual
Projects with more than 2,500sf of new or redeveloped impervious area are subject to
these requirements. All proposed projects must complete the "SFR Performance
Requirement Determination Form" to prove compliance.
2. Driveway Approach: A driveway approach is required for all proposed driveways off both
Pico and Greenwood. Proposed uncovered cobble 1-car parking spaces off Greenwood
Avenue (Major Collector street) requires installation of B-6 driveway approach with
sidewalk. Proposed uncovered parking space off Pico Street requires driveway. If
permeable pavers are to be used, then a modified driveway approach with a 12" wide
PCC grade beam should be constructed to stabilize the front edge of the pavers. An
encroachment permit is required for any work within the Right of Way.
3. Barricade: Due to Pico Street ending, a metal beam barricade (with no parking sign) is
required in front of the proposed fence. The "No Parking Sign" shall include added
verbiage that references applicable California Vehicle Code sections to the
satisfaction of the Community Development Director and the Police Chief.
4. Mailbox: Existing mailbox located within proposed uncovered cobble 1-car parking
space, will need to be relocated. Install per US Postal requirements.
5. Utilities: Show all existing and proposed locations of the sewer lateral and sewer main.
Include sizes where appropriate. Note the location of all overhead utilities and
construction underground service entrances per the CBC.
6. Sewer Lateral: Perform a video inspection of the lateral and submit to Public Works via
flash drive or DVD, prior to building plan approval. Lateral shall be repaired as
necessary and all repairs shall be noted on approved set of plans. Our records indicate
two possible sewer lateral connections to the sewer mainline.
City Council Resolution No. 01-19
Appeal of CPO-575
2575 Greenwood Avenue
Page 8
7. Sewer Backwater Valve: Indicate and label sewer backwater valve on plan. A sewer
backwater valve shall be installed on site to prevent a blockage or maintenance of the
municipal sewer main from causing damage to the proposed project (MBMC 14.24.070),
8. 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. The Plan shall show
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.
9. 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.
10. Encroachment Permits: A standard encroachment permit shall be required for the
proposed driveway and barricade; the driveway shall comply with 13-9 (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 an encroachment permit within the City right-of-way.
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 permits are available at the City of Morro Bay Public Works
Office located at 955 Shasta Ave. The Encroachment permit shall be issued
concurrently with the building permit.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on this 8th day of January, 2019 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAI N
N
Headding, Addis,
ATTEST
ANA SWANSON, City Clerk
Davis, McPherson