HomeMy WebLinkAboutReso 76-15 Declaring the existance of Gulls at Bayshore Village and authorizing the HOA to remove the Gulls nextsRESOLUTION NO.76-15
RESOLUTION OF THE MORRO BAY CITY COUNCIL
DECLARING THE EXISTENCE OF GULLS AT BAYSHORE VILLAGE
EXEMPT FROM MORRO BAY MUNICIPAL CODE SECTION 7.16.025 AND
AUTHORIZING THE HOMEOWNERS ASSOCIATION TO
REMOVE GULL NESTS FROM THEIR PROPERTY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Morro Bay Municipal Code section 7.16.025 states it is unlawful to damage
or destroy the nests or eggs of any wild birds within the City unless the City Council determines
by resolution the birds protected by that Section have become so numerous or destructive as to
constitute a menace and danger to the public health, safety or property; and
WHEREAS on August 17, 2015, the City received correspondence from Bayshore
Village Homeowners Association requesting the Gulls located within their complex be declared
a public nuisance and requesting an exemption to allow for the removal of Gull nests from their
roofs be granted by the City Council pursuant to Morro Bay Municipal Code 7.16.025; and
WHEREAS, on December 8, 2015, the public was given the opportunity to appear and
provide comment on the item; and
WHEREAS, the City Council has duly considered all evidence and determined the
presence of Gulls and their nests at Bayshore Village development are hazardous, unsafe,
unsightly, unsanitary and constitute a nuisance detrimental to the public health, safety, and
welfare and the property of others.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay:
Section 1. Exemption Granted. The City Council hereby conditionally grants the Bayshore
Village Homeowners Association an exemption from Morro Bay Municipal Code section
7.16.025 and allows them to remove Gull nests from their roofs in a safe and humane manner for
a period of five full calendar years after the effective date of this Resolution; provided, that this
exemption applies only to Morro Bay Municipal Code section 7.16.025 and does not relieve the
Bayshore Village Homeowners Association from complying with all other local, state and
federal laws.
Section 2. Conditions. The City Council does hereby condition the foregoing authorization for
Bayshore Village to remove Gull nests from the property roofs as follows:
1. Prior to harassing Gulls or removing any Gull nests, the Bayshore Village Homeowners
Association shall provide evidence, satisfactory to the City's Community Development
Manager, the U.S. Department of Fish and Wildlife has reissued/extended the Gull
City Council Resolution 76-15
Gull Exemption Bayshore Village
Page 2
predation permit for the Bayshore Village complex to 2016 and to each calendar year
thereafter while that grant is in effect.
2. The foregoing grant is effective only through December 31, 2020.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular
meeting thereof held on this 8 h day of December, 2015, by the following vote:
AYES:
Irons, Headding, Johnson, Makowetski, Smukler
NOES:
None
ABSENT:
None
ABSTAIN:
None
A41ftIRONS,
ATTEST
m"Em,t 1
DANA SWANSON, City Clerk