Category Archives for "The Developer/Applicant"
Proposed development of a formerly toxic military facility by out of town real estate investors threatens our health, environment, infrastructure and quality of life for years to come. Without your involvement, City of Morro Bay officials can't properly represent our best interests. You can make a difference!
Information presented at the five-and-a-half hour meeting resulted in the Planning Commission’s directive to the City Planning Department: Issues must be addressed before moving forward with any decision on the project. As of this posting, no future date has been set for another hearing before the Planning Commission on the tank demolition.
Please view the meeting in its entirety here: https://www.youtube.com/watch?v=w3gQjRlY74I&index=1&list=PLcD1TgCptAOdd4_YaqhkHFSsSQwPiAYM3&t=9328s ; and several of the written statements that were made during the public comment period are shown below:
A meeting of the Stakeholders is scheduled for Monday, January 23, 7:00 pm, 331 Kodiak St., Morro Bay. We urge you to attend and share your thoughts about our next steps.
-Your Morro Bay Stakeholders Steering Committee
Citizens and Residents of Morro Bay:
We need your help. There will be an official hearing on January 3rd., 2017. The Community Development Dept. has recommended that the Planning Commission conditionally approve a jet fuel tank demolition project, and has prepared a resolution to that effect for the Planning Commissions signature.
We implore all interested Morro Bay residents to show up at this meeting in force and to state your feelings about this poorly planned, potentially hazardous demolition project.
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PLANNING COMMISSION OFFICIAL PUBLIC REVIEW PLEASE ATTEND!
Tuesday, January 3, 2017
6:00pm Vets Hall 208 Surf Street • Morro Bay
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Though we continue to approve of the proper, well managed tank demolition, the Steering Committee (Annie Pavarik, Carole Truesdale, Kristen Headland and I) oppose the Conditional Use permit in the strongest possible terms.
• The SLO County Health Agency, Public Health Department sent the applicant a letter on November 23, informing Mathys that he was deficient in a litany of issues in the Demolition Plan. They sent the applicant a letter in October stating what is required, and he failed to comply with any of those requirements.
• The City Staff has failed to notify the public properly about the public Planning Commission Hearings; changed the scope of the project repeatedly; failed to notify the community about changes in actions of PC meetings; consistently dumped new information about the project just before public hearings, causing us to scramble to read the new information, formulate responses in a very limited space of time.
• The Environmentally Sensitive Habitat Area has not been properly defined in writing or in the maps that have been provided.
• They are trying to conduct demolition activities in the nesting season (February September 15th.
• Failed to define the noise levels, and therefore, are not able evaluate them in the Mitigated Negative Declaration. And since they cannot define them have offered not mitigation(s).
• Failed to recognize the potential impacts of the unstable slopes above the project area.
• We hope that the Planning Commission will allow the applicant a limited scope of work of work (removal of the tanks, pipes, pumps) complete the required soil testing and analysis, and then, if the applicant is able to complete those elements of the project, apply for another permit to remove the concrete, shot-crete, etc.
• Still no proof of insurance. If the Conditional Use application is approved, the Morro Bay Stakeholders will be at the mercy of the Community Development Department to approve the all of the conditions, with no input from the public or the Planning Commission.
So far, the Community Development Department has in every way possible ignored, obfuscated, blown off and otherwise failed to represent the citizens that will be impacted by the demolition. We have absolutely no trust in their ability to deal with demolition project.
Neighbors, MB Stakeholders, please join your stakeholders and step up to the plate. Attend the meeting and protect our precious Morro Bay natural habitat, insure our public health, and preserve our crumbling infrastructure.
Your Morro Bay Stakeholders
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PLANNING COMMISSION OFFICIAL PUBLIC REVIEW PLEASE ATTEND!
Tuesday, January 3, 2017
6:00pm Vets Hall 208 Surf Street • Morro Bay
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December 22, 2016
City of Morro Bay
955 Shasta Avenue
Morro Bay, CA 93442
Re: Case No. UPO-440, CPO-500. Demolition of Jet Fuel Storage Tanks at 3300 Panorama Dr.
Dear Planning Commissioners,
The Morro Coast Audubon Society, MCAS, appreciates this opportunity to provide written comments regarding the demolition project at 3300 Panorama Dr. On the whole, MCAS is not opposed to this project. However, one component of the project causes us concern – as that component conflicts with the MCAS Mission Statement “to promote the appreciation, conservation, and restoration of ecosystems focusing on the biological diversity of birds, other wildlife, and their habitats.”
The mature Monterey cypress and pine trees throughout the project site offer valuable canopy and structure for nesting raptors including the Coopers Hawk, a California Dept. of Fish and Wildlife ‘watch list species’.
As stated in the Terra-Verde Biological Assessment letter dated November 17, 2016 – impacts to nesting birds, including those protected by Fish and Game Code and the Migratory Bird Treaty Act may occur if demolition and removal, ground disturbance, or vegetation removal occur during the typical nesting period (February 1 to September 15).
Mitigation measures are recommended in the Biological Assessment, and required in the City’s Staff Report to the Planning Commission, to avoid both direct and indirect impacts to special-status and nesting bird resources. Mitigation Measure BR-6 states that demolition and removal activities, earth disturbance, and vegetation clearing shall be avoided during the typical nesting season (February 1 to September 15) . . . to the extent feasible.
MCAS urges you to focus on the words “shall be avoided”, and remove the following four words in the mitigation measure “to the extent feasible”. The term “feasible” invites opening up a loophole that may tip the scale in favor of the applicant at the expense of the City’s nesting bird resources.
In Mitigation Measure BR-6, the wording “shall be avoided” adds some teeth to this measure to lessen environmental impacts from this project, while the words “to the extent feasible” considerably weakens this mitigation, and again, may create a loophole for the applicant to disregard the city’s sensitive natural resources.
We respectfully request that you deny any variance that the applicant may apply for to start demolition, earth disturbance, and vegetation clearing during the nesting season at the project site. Working outside this nesting period runs less risk of destroying active nests – but care is needed at all times to avoid harm.
In conclusion we would hope that the City of Morro Bay would place a high priority on its environmental resource policy that avoids implementing activities that result in the loss of active birds’ nests, including both direct loss and indirect loss through abandonment.
MCAS asks that you, as decision makers, consider the wildlife on site when making planning decisions.
Doug Tait, Conservation Chair
Morro Coast Audubon Society
Speak now or forever hold your peace, seems to apply. On January 3, the Morro Bay Community Development Department will likely approve the application for a vastly expanded demolition project in North Morro bay. Many last minute changes were made to the plan, leaving little time for Morro Bay stakeholders to fully evaluate the added risk(s) this project entails.
Notice that the City plans to use the “Mitigated Negative Declaration” process as a means of approval. It’s basically a blank check to sign off on a project that might otherwise not be a candidate for approval. The dozens of “mitigations” required for the project may be well beyond the scope of the applicant and or the City to properly manage during the months long project.
Are you concerned that this project will complete on time, on budget and without undue burden to residents? Do you worry that sensitive environmental areas will be disturbed? Are you fully comfortable with the applicant’s reputation? Will public property such as streets and sewers be protected? And what if toxic materials are encountered during the removal of the military jet fuel tanks?
Please bring your concerns to the January 3 meeting.
Public Hearing, January 3, 2017, 6:00 p.m.
Veteran’s Memorial Building
209 Surf Street – Morro Bay, CA
See you there!
December 5, 2016
To: Morro Bay Planning Commission
Chairperson Robert Tefft
Chairperson Gerald Luhr
Commissioner Michael Lucas
Commissioner Richard Sadowski
Chairperson Joseph Ingraffia
RE: PUBLIC HEARINGS
B-1 Case #: CP0-550, UP0-440
Site Location: 3300 Panorama Drive
Project Title: Demolition of Tanks and Associated Structures
Good Evening Honorable Commissioners, and Community Development Staff,
I am Annie Pivarski, resident and homeowner in North Morro Bay; and a Morro Bay Stakeholder. For me, the latest iteration of this project comes down to TRUST:
The word has been flung high and low nationally; and here it is in our own community. I think expectation has a lot to do with trust. Having the expectation that someone will do right and be right towards you also ties in to feeling safe. To me, trust is most visible via actions.
From the outset of this project, trust has been lacking: Of the System and of the Applicant and associated LPs and LLC’s. I believe the City has been naïve about the magnitude of and overall effect this project will have on its citizens, the environment, and infrastructure.
Now, the scope of the project has changed with impacts far greater than what was originally proposed. Yet, according to the applicant in a written response to our concerns dated December 1, he states, “There are no changes.” Trustworthy? I think not. Regarding the Insurance Guaranty required as a condition of approval, the response: “We have already committed to the insurance and the indemnification for the neighborhood in the event of damages. We will provide you with the insurance certificate.” To date, there is no certificate. I would expect it to be secured in time for this meeting. Trust is most visible via actions.
Regarding this project and-any other for that matter-my expectation is that the City of Morro Bay follows its own “ORGANIZATIONAL CHART,” which is included with this statement and is for F/Y 2015/16. At the top of the chart, “CITIZENS OF MORRO BAY.” Reporting to the “CITIZENS,” the MAYOR AND CITY COUNCIL, followed by City ADMINISTRATION and various departments falling under it.
My current property taxes are $4,470.56 a year. For the amount of money we pay to live here I am not feeling safe with the current proposed plan which was released a week ago today.
Commissioners, I trust you to hear our concerns and make your decision based on the “CITIZENS OF MORRO BAY,” along with thorough review and scrutiny of all applicable documentation.
December 6, 2016
Morro Bay Planning Commission RE: UPO-440, CPO-500
We are almost back to square one from the September 6th Planning Committee Meeting. The Morro Bay Stakeholders asked that the decision on the tank demolition project be put back to give the community time to review the project. Yet on November 29th, 2016 we received the Staff Report on the the project prepared for the December 6th, 2016 Planning Commission Meeting. In the time between the September 6th Planning Commission Meeting and the recent Staff Report, the volume of material to be removed has grown steadily from an estimated 36 cubic yards to an estimated 150 yards and the number of expected 80,000 round trip loads has gone from 6 per day to up to 15 per day!
These are facts that I have carefully cited from several well documented sources in the references below.
The following is an analysis of the dramatic difference between the original estimates of the total materials to be removed between the the time of the July 25, 2016 Initial Study and Checklist, and the current Staff Report dated December 6, 2016. They are organized to reflect how the volume of material and the resulting loads have increased over time.
Volume of material to removed, shifted on site, and area to be disturbed.
July 25, 2016- 1st estimated cubic yards to be removed
According to the Exhibit C, Initial Study and Checklist dated July 25, 2016(submitted at the September 6th, 2016 Planning Commission Meeting), the volume of material to be removed from the site is as follows:
Page 3, paragraph 1: …approximately 24 cubic yards of shot-crete located along a central line…
Page 4, paragraph 1… approximately 12 cubic yards of soil removed to expose underground pipe…
Page 4, paragraph 1 states 20 yards of material are to be shifted
The total material to be removed is 36 cubic yards of material, from this portion of the Mitigated Negative Declaration.
October, 2016- 2nd estimated cubic yards to be removed
The October, 2016 Bedford Demolition Plan states on age 15, paragraph 1, that: Metals – fifty loads
Debris – four loads
Domestic trash miscellaneous debris – two loads. A total of 56 Loads will be hauled away.
November, 21, 2016- 3rd estimated loads to be removed
Truck Traffic Impact Analysis, Completed by Diversified Project Services International on November 21, 2016 stated on Page 1:
A total of 1,050 yards of concrete is anticipated to be removed
December 6th, 2016- 4th estimated cubic yards to be removed
According to the updated Staff Report of December 6th, 2016, B-1, Exhibit B, Sheet 2, titled Demolition Plan Exiting Tanks and Piping, the following material is to be removed, shifted, disturbed(in fine print, in a map of the site):
1,050 cubic yards of concrete removal 1,950 cubic yards of dirt(cut)
225,000 square feet disturbed area
The total cubic material from the recent Staff Report is 1,050 yards of material, 1,950 yards of material to be shifted, and 225,000 square feet to be disturbed.
Conclusion: the original plan stated that a at total of 36 yards were to be removed, the recent Staff Report(released Nov.29) states that 1,050 are to be removed(29 times the original figures).
Also the amount of material originally to be shifted within the site went from 20 cubic feet to 1,950 cubic yards.
At no place in the original document did they state that 225,000 square feet of material was to be disturbed.
Total number of loads to be moved from the site.
Page 4(page 56 on the PDF packet tiled 09-06-16_PC Packet), of the September 6th Packet of information titled Initial Study and Checklist, paragraph 3, sentence 1 states:
“The project is expected to require 1.5 to 2 months to complete. Over this time, a total of approximately 40 round-trip truck loads would be required, and construction traffic would vary from 0 to 6 trucks per day.
According to the Staff Report dated November 28, 2016(released on Dec. 29th), for the December 6th, 2016 Planning Commission Meeting, Page 1 of the Staff Report, the estimated number of trucks has increased significantly:
“Demolition is anticipated to take approximately 2 to 3 months and will involve roughly 40 to 50 truckloads for the tank, pipeline and pump removal, and approximately 50 to 100 additional truckloads for removal of the concrete foundations and shot-crete”.
The Truck Traffic Impact Analysis, Completed by Diversified Project Services International on November 21, 2016 stated on Page 1:
An anticipated 70 truckloads (10 to 15 per day only during hauling of material) will be required for this portion of the removal.
The total number of truck loads went from a estimated total 40 round trip truck loads, to a minimum of 90 (more than twice the original) round-trip truck loads and a maximum of 15 round-trip truck loads (almost 4 times the original estimate).
The total cubic yardage that is proposed to be removed has grown steadily from 36 cubic yards to 1,050 cubic yards from the original figures in July, 2016.
The number of truck loads of up to 80,000lbs each has grown from 40 loads(6 loads per day) to a a maximum total of 150 loads per day or 10-15 loads per day.
These are significant changes from the figures submitted at the September 6th, 2016, and need serious consideration.
The present Staff Report is a dramatic change in the volume of material being transported through our neighborhood from the application presented on September 6th, 2016! The present Staff Report on the 29th of November shows a volume in cubic yards, representing a 29 fold increase; and an increase that doubles the round trip loads per day!
It seems as though the applicant is attempting to jump the gun, in preparing the site for a future development, rather than just remove the tanks, which would require at least another permit application, if not an EIR!
I recommend that the project be scaled back, to be completed in phases, such as the applicant originally suggested. If the applicant successfully completes each phase a new permit should be required to advance to the next phase.
Morro Bay Stakeholders
Morro Bay Stakeholders:
The Morro Bay Community Development Department just made available
the updated Staff Report for the tank demolition. It has been anticipated for
some time, but was just posted today and dated November 28th, 2016. It is
significantly different from the original Staff report of September 6th Staff
report. The project went from one and half months to two months to 2-3
months. The amount of material to be removed also has skyrocketed from
a few hundred cubic yards to thousands of cubic yards. There are a lot of
additional inconsistencies that have already come to light.
The Steering Committee: Carol Truesdale; Annie Pivarski, Kristen
Headland and Ed Griggs are presently pouring over the updated Staff
Report and will prepare a response for the December 6th Planning
Commission meeting, which is less than a week away so please plan on
We are also attaching the original September 6th Staff and updated staff reports if you wish to
compare the two. Also below is the Stakeholders’ response letter to this unexpected last minute revised staff report.
MB Stakeholders Steering Committee
Morro Bay Stakeholders and Citizens:
On Wednesday, November 16th the MB Stakeholders Steering Committee (Annie Pivarski, Carol Truesdale, Kris Headland, Ed Griggs), met with Scot Graham and Whitney McIlvaine from the MB Community Development Department and MB City Attorney Christopher Neumeyer to discuss the Tank Removal Project. Our specific questions included: 1. Clarification of Phases I, II; 2. The ESHA and the 6″ Jet Fuel Pipeline; 3. The Performance Bond.
Attached, please find the document titled MBCDD Answers, two maps referred to in the MBCDD answers.
Morro Bay Stakeholders
Is proposed development in North Morro Bay a possible threat to streets and sewers? Will 80,000 lb truck loads on already crumbling streets cause damage to underlying sewers? The facts are clear: our beleaguered sewers are barely hanging on. Will they collapse completely under the demands of added waste from dozens of new homes? Read these reports and decide for yourself.
“Both Morro Bay and Cayucos have had numerous video inspections of their lines over the years, going back as far as 1995. The inspections show numerous breaches in the sewer lines all over the City. Cracks, holes, and openings between pipe sections are common. Little, if anything, was done to address the serious public health issues associated with the damage the inspections revealed, and City records do not indicate that City staff ever raised the issue with the City Council.”