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HomeMy WebLinkAboutReso 71-21 2783 Coral Ave for 5 unit change.sgRESOLUTION NO. 71-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING A MAJOR AMENDMENT (MAJ21-005), TO PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UPO-470), TENTATIVE VESTING MAP #2859 (S00-127) AND MITIGATED NEGATIVE DECLARATION, AND APPROVING A NEW COASTAL DEVELOPMENT PERMIT (CDP21-036) FOR THE 5 UNIT SUBDIVISION AND INDIVIDUAL HOME DESIGNS SITE LAYOUT AND CONFORMANCE WITH DEVELOPMENT STANDARDS. THE CHANGE IS FROM A 6-LOT TO A 5-LOT SUBDIVISION ON A .99 ACRE PARCEL AT 2783 CORAL AVE WITHIN THE CLOISTERS SUBDIVISION. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on November 13, 2018, the City Council conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, and denied an appeal and upheld the August 7, 2018, Planning Commission approval of the above noted previously approved permits; and WHEREAS, the California Coastal Commission requested that the City void the Coastal Development Permit issued as part of the August 7, 2018, approvals and processed an immaterial amendment on March 13, 2020, to the original (1992) coastal development permit for the Cloisters Subdivision clarifying that the land use and identifying 5 units of density available for the subject parcel;. and WHEREAS the applicant submitted a request for a Major Modification to the previously approved vesting tentative map and conditional use permit reducing the density to a 5-lot subdivision to comply with the recent California Coastal determination, and WHEREAS, the Coastal Land Use Plan requires issuance of a coastal development permit for activities that constitutes 'development' as defined in the Coastal Act, which includes subdivisions and new residential development; and WHEREAS, the City Council conducted a public hearing on October 26, 2021 to consider approval of the revised Vesting Tentative Map and site layout for a reduction in lots/homes from 6 to a 5-home subdivision including coastal development permit review for the revised project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the 2018 approvals made by the Planning Commission, the evaluation and recommendations by staff and the public comments presented at said hearing. N OW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: S ection 1: Findings for approval: S ection 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 findings as included in Resolution No. 71-21. California Environmental Quality Act (CEQA) Finding 1. For purposes of the California Environmental Quality Act, an Initial Study was prepared for the project, which resulted in a Mitigated Negative Declaration (the MND") together with the Mitigation and Monitoring Program. The MND and Mitigation and Monitoring P rogram was approved August 7, 2018, by the Planning Commission and such approval was upheld through appeal to the City Council on November 13, 2018. 2. Modifications to the project result in a reduced density that would not change the e nvironmental conclusions included in the approved MND. Therefore the project would n ot result in any new or substantially increased environmental impacts and will continue to be subject to the Mitigation and Monitoring Program which is included in Resolution 20- 18 and is Exhibit C to the staff report. Major Modification to Conditional Use Permit and Vesting Tentative Map: 1 The project is an allowable use in the zoning district and is also in accordance with the certified Local Coastal Program and the General Plan for the City of Morro Bay; and 2. The project meets the goals to promote infill development on vacant or underutilized properties in the city as the preferred development strategy. 3. The City Council has reviewed the 5 home residential project and considered the following criteria in that review and has concluded that this 5-home subdivision meets the following a. residential development standards, b. shared access requirements and the compatibility of use, c. minimized effects on the environment, d. designed to minimize view corridor impact e. design and function compatibility with the surrounding neighborhood 4. The required discretionary review of the home designs, site layouts and compliance with development standards of the zoning district constituting "development' under the Coastal Land Use Plan has been met, and 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 based on the analysis; and 2. The establishment, maintenance, or operation of the use applied for will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working about such proposed use as the project is consistent with all applicable zoning and planning requirements; and 3. The use will not be injurious or detrimental to property and improvements in the n eighborhood or the general welfare of the City since the project as conditioned, will be consistent with all applicable City regulations; and 4. The City Council has reviewed the 5-home residential project and considered the following criteria in that review: Provisions for residential development standards, shared access requirements and the compatibility of use, effects on the environment, design, and function compatibility with the surrounding neighborhood. 5. The submittal includes proposed home floor plans for two different home designs, together with elevations and design details as part of the Vesting Tentative Map No 2859 submittal. These proposed plans have been reviewed and have been found to meet the zoning development standards and the requirements of the previously approved Cloisters Subdivision Tract No. 1996 as amended by the California Coastal Commission March 13, 2020. 6. Pursuant to State ADU Law, the two proposed attached Accessory Dwelling Units, are required to be processed ministerially, are under review in a concurrent process and will be issued Administrative CDP's with conditions of approval. Section 3. Action. The City Council does hereby approve the Major Modification (MAJ21-005) to change the approved plans for a 5-home subdivision consistent with the density conclusion reflected in the California Coastal Commission immaterial amendment (A-4-MRB-91-044-A2) of the 1992 CDP and approves Coastal Development Permit (CDP21-036) subject to the attached conditions of approval reflected in Council Resolution No. 71-21. The applicable conditions of approval for the original approved CUP/VTM permits as well as the 2018 adopted MND mitigation and monitoring plan continue to be applicable to this project. CONDITIONS OF APPROVAL STANDARD CONDITIONS: 1. This MAJ21-005 and CDP21-036 permit is granted to modify the existing CUPNMT permits to reflect the March 13, 2020, California Coastal Commission's Immaterial Amendment to the original Coastal Development Permit for the Cloister Tract (CDPA- 4_MRB-91-044) confirming land use and density available to Lot 124 of Tract No. 1996 to be up to 5 residential lots. The original project (6-unit residential subdivision, including approved home plan designs and conformance with development standards) was approved by Planning Commission on August 7, 2018. City Council, through appeal, denied the appeal and upheld the Planning Commission approval on November 3, 2018, validating the following permits Conditional Use Permit (UPO-470) and Vesting Tentative Map (S00-127) subject to conditions of approval and the mitigation and monitoring plan included in the adopted Mitigated Negative Declaration. The project is zoned CRR/GC/PD (Coastal Resource Residential/Golf Course/Planned Development) and is within the Coastal Commission Appeals Jurisdiction. 2. Inaugurate Within Two Year 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 General Plan and Local Coastal Program Land Use Plan (LCP) in effect at the time of the extension request. 3. 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. 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. Hold Harmless: The applicant, as a condition of approval, hereby agrees to defend, .ndemnify, 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. 6. 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. 7. 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 certified Coastal Land Use plan and General Plan for the City of Morro Bay. PLANNING CONDITIONS 1. Construction Hours: Pursuant to section 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 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. 2. 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 3. Affordable Housing Requirement: Prior to issuance of a Building Permit, applicant shall identify the method of compliance with the affordable housing requirement for residential developments of 5 or more units (MBMC 17.50.020) and provide appropriate deed restriction. 4. Archaeology: See Mitigation Measures and Monitoring section incorporated as part of this Resolution. The applicant shall be liable for costs associated with the professional investigation and implementation of any protective measures as determined by the Community Development Director. 5. 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 6. Maximum Height: The maximum permissible height of any residential units constructed o n the project site is 14 feet above finished grade, however finished grade can only exceed n atural grade by the minimum fill necessary to meet the floodplain elevation requirements The finished grade elevation must be verified by a licensed surveyor prior to construction of the home and a certificate provided to the Planning Department. The height restrictions must meet the Architectural Design Guidelines of the Cloister's Subdivision Tract No. 1996. 7. Access Road: The access road to the lots shall be maintained as a private drive by the property owners within the subdivision documented by a shared reciprocal access and maintenance agreement for all the common areas within the newly created subdivision The agreement should include provisions to ensure that the interior common driveway is always kept clear to allow vehicles to enter and exit the subdivision. 8. Undergroundinq of Utilities: Pursuant to MBMC Section 17.48.050, prior to final occupancy clearance, all on -site utilities including electrical, telephone and cable television shall be installed underground. 9. Trees to be preserved* The trees along San Jacinto Road shall be preserved to the maximum extent feasible. To facilitate this, any tree removal proposed along San Jacinto Road must be approved by the Community Development Director, unless the trees are an immediate hazard. Trees removed from the subject site to accommodate the development shall be replaced, at a minimum, at a 1:1 ratio in an off -site location with a species of tree suitable to replace or enhance Raptor habitat areas, as approved by the Community Development Director. 10. Color and Materials: Colors and materials shall be as shown on Plan Sheet A9 which shows three scenarios for exterior colors, and materials are approved and required to be included in the building permit plans. Any minor changes in colors or materials must be reviewed and approved by the Community Development Director. 11. Landscaping and Irrigation Plans: Landscaping and irrigation plans for each residential lot shall be submitted by the project applicant to the City for review and approval as part of the building permit submittal. 12. Outdoor Lighting. The applicant shall submit an outdoor lighting plan for both the exterior of the homes and for any lighting proposed in common areas for review and approval by the Community Development Director. The Proposed lighting shall be decorative in n ature low level pedestrian oriented and street and parking area lights shall be shielded from above. // 11 // BUILDING DIVISION CONDITIONS A. CONDITIONS PRIOR TO THE 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 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 as defined in Section 220 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 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 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. 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. 6. Mitigation measures for natural occurring asbestos require approval from San Luis Obispo County Air Pollution Control District. 7. BUILDING PERMIT APPLICATION: To apply for building permits, submit three (3) sets of construction plans, fire sprinkler plans, if applicable, and supplemental documents to the Building Division. 8. The Title sheet of the plans shall include, but not limited to: • Street address, lot, block, track, and Assessor Parcel Number • Occupancy Classification(s) • Construction Type • Maximum height of the building allowed and proposed • Floor area of the building(s) • Fire sprinklers proposed or existing • Minimum building setback allowed and proposed All construction will conform to the 2013 California Building Code (CBC), 2019 California Residential Code (CRC), 2019 California Fire Code (IFC) 2019 California Mechanical Code (CMC), 2019 California Plumbing Code (CPC), 2019 California Electrical Code (CEC), 2019 California Energy Code, 2019 California Green Building Code (CGBC), Title 14 and 17 of the Morro Bay Municipal Code. (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 to not infringe on neighboring property, such as debris and dust. A storm water management plan shall be maintained through the duration of the project. The storm water management measures such as fiber rolls, silt fencing, etc. will be enforced by City staff by random site visits. 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 palaeontologist, 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, the Building Official shall notify to county coroner. If human remains are found to be of ancient age and of archaeological and spiritual significance, the Building Official shall notify the Native American Heritage Commission. The developer shall be liable for costs associated with the professional investigation. 3. FOUNDATION SETBACK VERIFICATION: Prior to the placement of concrete and upon completed form installation a licensed surveyor is required to measure and record the distance from the proposed foundation walls to the established lot lines The contractor shall submit these findings in letter format to the building inspector upon the request for a foundation inspection. Letter shall specify the findings of front, sides and rear yard setbacks as defined in Title 17 of the MBMC. The Building Official shall have discretion on a case -by -case basis for some lot types. 4. BUILDING HEIGHT VERIFICATION: Prior to roof sheathing or shear wall inspection, a licensed surveyor is required to measure and record the height of the structure. The contractor shall submit this finding in letter format to the building inspector upon the request for roof sheathing/shear wall inspection Letter shall specify the recorded height of structure as defined in Title 17 of the MBMC. The Building Official shall have discretion on a case -by -case basis for some site -specific projects. C. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF THE CERTIFICATE OF OCCUPANCY: Prior to building division final approval and request for final inspection, all required inspections from the other various divisions and departments must be 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 This permit card shall then be turned into the building division for scheduling of the final building inspection. 2. Any as -built drawings that were required by the building inspector or plans examiner must be submitted for approval prior to the request for final inspection 3. If structural observations were required, the final structural observation report shall be submitted to the building division prior to issuance of the certificate of occupancy or final inspection approval 4. If special inspections were required, the final special inspection report shall be submitted to the building division prior to the issuance of the certificate of occupancy or final inspection approval. 5. Final soils summary report from the geotechnical representative indicating compliance with the required conditions set forth in the soils report. 6. Final T-24 energy reports (Certificates of Installation). PUBLIC WORKS CONDITIONS The following will be required prior to Final Map recordation: 1. Parkland In -lieu Fee: Prior to recordation of the Final Map requirements of the City of Morro Bay for dedication of land for park purposes and/or payment of fee -in -lieu thereof shall be met (MBMC Section 16.52.050). 2. Maintenance Agreement: Prior to recordation of the Final Map a maintenance agreement shall be created to allow for timely maintenance of all on -site storm water control measures and other commonly owned improvements. The following will be required prior to Building Permit issuance. 3. Sewer Impact: The applicant shall conduct an engineering assessment to determine potential impacts of the proposed 5 Lots on the existing sewage collection line Since the developer will be adding additional impacts to water and sewer line segments which have deficiencies identified in the 2006 Sewer Collections System Master Plan, the applicant shall either construct improvements or propose payment of a prorate fair share Development Impact Fee based on the results of the engineering assessment. OneWater Improvements were included in the updated sewer impact fees approved by City Council. 4. Water Meter: Water meters shall be in the City right of way. 5. Encroachment Permits: The Applicant/Developer is responsible for acquiring encroachment permits. The permits are required and issued by the Public Works Department prior to any construction in or use of land in the City right-of-way including traffic and erosion control plans. 6. Repair & Replacement of Public Improvements: Prior to project completion the Applicant/Developer shall repair curb, street, sewer line, water line, or any public improvements which were damaged because of construction operations for this project. FIRE CONDITIONS 1. Automatic fire sprinklers: An automatic fire sprinkler system, in accordance with NFPA 13- D, California Fire Code (Section 903), California Residential Code (Section R313), and Morro Bay Municipal Code (Section 14.08.090 (L)(1) is required as part of the building permit submittal. 2. Fire Safety during construction and demolition, if required, shall be in accordance with 2016 California Fire Code Chapter 33. This chapter prescribes minimum safeguards for construction, alteration, and demolition operations to provide reasonable safety to life and property from fire during such operations. 3. Carbon monoxide alarms are required in proposed new dwelling units and sleeping areas. An approved carbon monoxide alarm shall be installed in all dwellings having a fossil fuel - burning heater or appliance, fireplace or 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 (CRC R315.2) 4. Address Identification: All new and existing single-family residence and ADU's shall have their own approved address letters or building numbers placed in a position to be plainly legible from the street or road affronting the property (CFC505) 5. Access and Egress: ADU's must have exterior access that is independent from the primary residence. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 26th day of October 2021, on the following vote: AYES' Headding, Addis, Barton, Ford NOES Heller ABSENT: None ABSTAIN: None John eadd ngrllllayber ATTEST Dana Swanson, City Clerk