HomeMy WebLinkAboutReso 57-15RESOLUTION NO.57-15
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
TO APPROVE A REVISED CONCEPT PLAN/ PRECISE PLAN APPROVAL
FOR PHASE 2 OF CONDITIONAL USE PERMIT (UPO-058) FOR LANDSIDE
IMPROVEMENTS WHICH INCLUDE DEMOLITION OF EXISTING MORRO BAY
LANDING (VIRG'S) BUILDINGS AND EXISTING DOCKSIDE 3 RESTAURANT
BUILDING WITH NEW CONSTRUCTION OF A 2 STORY COMMERCIAL VISITOR -
SERVING BUILDING ALONG WITH OBSERVATION DECK, OUTDOOR SEATING
AREA, PUBLIC ACCESS IMPROVEMENTS AS WELL AS PARKING / DRIVEWAY
IMPROVEMENTS, AND CREATION OF A POCKET PARK
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 May 19,
2015, for the purpose of considering a revised Concept Plan/ Precise Plan approval of
Conditional Use Permit #UPO-058 (the "Proposed Project") and adopted PC Resolution 17-15 to
forward a favorable recommendation to the City Council for approval of revised Concept Plan/
Precise Plan approval; and
WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's
Hall, 209 Surf Street, Morro Bay, California, on August 25, 2015, pursuant to the Planned
Development regulations (Morro Bay Municipal Code (MBMC) section 17.40.030), for the
purpose of considering the Proposed Project for 1215 Embarcadero Road, also known as land
lease site 124W, 125W, 126W, 127W, 128W (APN #066-351-012, 013, 014, 015) in an area
within the original 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
recommendations made by the Planning Commission, the testimony of the applicant, interested
parties, and the evaluation 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. 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:
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California Environmental Ouality Act (CEOA)
1. 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 Aesthetics, Air Quality, Biological Resources, Geology/Soils,
Hazards/Hazardous Materials, Hydrology, Land Use and Planning, Noise,
Transportation. Any impacts associated with the Proposed Development will be brought
to a less than significant level through the mitigation measures described in the MND.
2. An MND was adopted on May 12, 2008 (SCH# 2007091057). This approval is to allow
for the implementation of the Proposed Project. An analysis has been performed
pursuant to CEQA Guidelines § 15162 to determine whether subsequent environmental
review is required for the Proposed Project. Based upon this analysis, none of the
circumstances set forth in CEQA Guidelines § 15162 have occurred which would require
subsequent environmental review.
Conditional Use Permit Findings
1. The Propose Project will not be detrimental to the health, safety, morals, comfort and
general welfare of the persons residing or working in the neighborhood in that the
landside improvements which include demolition of three buildings and construction of a
new two story commercial building to include the replacement restaurant for the
Dockside 3 restaurant are permitted uses within the zoning district and said structures
comply with all applicable project conditions and City regulations. The City's past
concept plan approval of Proposed Project on May 12, 2008, found the replacement of
the Dockside 3 restaurant (formerly known as Thai Boat) does not conflict with Measure
D's intent. In addition, public benefits are provided to offset the exceptions granted,
including, but not limited to, provision of a small pocket park, public observation decks
and outdoor seating areas, public restrooms, extension of the Harborwalk pedestrian path
and increased vertical access and lateral access. Revisions to the Concept Plan for the
Proposed Project, as conditioned by the California Coastal Commission, have been
reviewed and evaluated and found to be consistent with the City's Local Coastal
Program.
2. The Proposed Project will not be injurious or detrimental to property and improvements
in the neighborhood and the general welfare of the City in that the overall master plan for
the Proposed Project and the landside improvements to demolish 3 existing buildings and
construct a new two-story commercial building with public access consistent with the
zone designation will provide additional public benefits.
Waterfront Master Plan Findings
The Proposed Project makes a positive contribution to the visual and public accessibilty
to the bay while increasing and maintaining commercial fishing industry and not
increasing restaurants:
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It meets the Waterfront Plan height limit and maximum building coverage, bulk, and
scale requirements in that the proposed project offsets these standards by increasing
public benefits.
2. In the case of granting height greater than 17 feet, the Proposed Project also provides
significant public benefit pursuant to the Planned Development Overlay zone
requirements in that the Proposed Project provides vertical access and creates a public
view deck, provides view corridors, and includes public restrooms.
3. The Proposed Project provides the amenities identified in the Waterfront Master Plan,
facilitates pedestrian visual and physical access to the waterfront, and takes advantage
of outward views and characteristics of the topography in that the roof elements were
altered to allow for better bay views.
4. The Proposed Project makes a positive contribution to the working fishing village
character and quality of the Embarcadero area in that the it will add to the pedestrian
orentiation while maintaining the commercial fishing operations.
5. The Proposed Project design recognizes the pedestrian orientation of the
Embarcadero and provides an interesting and varied frontage that will enhance the
pedestrian experience in the Proposed Project will provide vertical and lateral public
access to the water and docks while assisting in the Harborwalk plan to continue
public access along the waterfront.
6. The Proposed Project gives its occupants and the public some variety in materials and
application in that a portion of the new building will be single -story and a portion will
be two-story and consist of hardi-plank siding and metal roofing.
7. The Proposed Project contains the elements of harmony, continuity, proportion,
simplicity, and balance, and its appearance matches its function and the uses proposed
in that the new sructure will provide more horizontal and vertical articulation, and the
public will be invited into the space via a new public view deck.
The Proposed Project does not diminish, either directly or by cummulative impact of
several similar projects, the use, enjoyment, or attractiveness of adjacent buildings
and provides a visual and pedestrian transition to its immediate neighbor in that the
existing and new construction is in keeping with the architectural style, massing,
materials, scale, and use of its surroundings.
9. The Proposed Project's vew corridors are not adequate to meet the requirements for
new construction, but may be approved because there is no reduction in measured
width compared to the Proposed Project's approved Concept Plan, which is
considered to be the existing condition.
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Precise Plan Finding
The City Council finds it accepts the Proposed Project's revised Concept Plan as
recommended by Planning Commission and further finds the Proposed Project's Precise
Plan is in substantial conformance with the revised Concept Plan.
Architectural Consideration Finding
The City Council finds the architectural treatment and general appearance of all
buildings, structures and open areas of the Proposed Project are in keeping with the
character of the surrounding waterfront area, are compatible with the Waterfront Master
Plan design theme adopted by the City, and are not detrimental to the orderly and
harmonious development;of the City or to the desirability of investment of occupation in
the area.
Section 2. Action. The City Council does hereby approve Conditional Use Permit #UPO-058
subject to the following conditions:
STANDARD CONDITIONS
1. This permit is granted for the land described in the staff report dated June 3, 2015, for the
project at 1215 Embarcadero depicted on plans dated December 22, 2014, 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 City Council
approved plans submitted for UPO-058, 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 (2) 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 (1) 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 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 any law, ordinance or regulation of
the State of California, the City, and any other governmental entity shall be complied
with in the exercise of this approval, (b) This project shall meet all applicable
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requirements under 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, 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 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 hereon shall be
required prior to obtaining final building inspection clearance. Deviation from this
requirement shall be permitted only by written consent of the CDM or as authorized by
the Planning Commission or City Council. 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.
8. Conditions of Approval: The Findings and Conditions of Approval shall be included as a
full-size sheet in the Building Plans.
Building Conditions:
Prior to construction, the applicant shall submit a complete building permit application
and obtain all required building permits.
Fire Conditions:
1. Sheet A-1. Address identification. New and existing buildings shall have 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 %2
inch stroke in contrasting numbers.
2. Sheet A-2. Existing Marine Shop. This structure was constructed in 2006 and a condition of
approval was the requirement that the structure and wharf below, be protected with automatic
fire sprinklers, in accordance with MBMC section 14.60.200, CFC 903 and NFPA 13. The
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past owner and Harbor Lease Holder defaulted on City and CFC requirements, the structure
was Red Tagged and remained vacant and unused for at least 2 years.
In an effort to revitalize the "working harbor" and put the structure to good use, Morro Bay
Harbor, Building and Fire Departments negotiated with potential occupants to impose strict
limitation, by way of an occupancy assignment to "U" (utility group) and permit its use,
without required sprinkler protection, until the existing Morro Bay Landing(Virg's) building
is replaced, pursuant to the Harbor Master Plan and on -shore lease improvements.
3. As result of MBMC, Fire Code, and Harbor Master Plan on -shore improvements (UPO-058),
applicant shall provide automatic fire sprinkler protection of the Utility Building and wharf
below as a "Precise Plan Condition of Approval."
Public Works Conditions:
1. The Site Plan must show the wheel path of travel (turning radius) for the WB62 truck to
confirm that the design vehicle can successfully negotiation this curve.
2. Show all specific public improvements including driveway entrance and median
modifications on Embarcadero Road and within the adjoining parking lot that will be
provided to satisfy recommendations of the OEG Traffic Study.
3. Add a note to the plans specifying the filter system for the new drain (drop inlet) as a
F1oGard +PLUS Model FGP-24F manufactured by Kristar Enterprises to be installed per
manufacturer recommendations. Provide a operation & maintenance plan to assure that
the inlet is properly maintained.
4. Note how the public will be protected/screened from work areas of the wharf.
Commonly accepted CALOSHA work practices include temporary physical barriers,
such as a scissor gate, that will momentarily segregate the public from the swing arc of
the existing hoist.
5. WEU offset requirements
New water allocations requested shall be offset on a two -to -one basis (or 440 gallons per
day) by providing retrofits to existing uses or providing non -required water savings
features for new development that is seeking water allocation. The project will need to
determine how many WEUs the development will need to offset. Retrofits are approved
by the Public Works Director and may include the following water savings best
management practices:
a. Irrigation retrofits
b. Waterless urinals
c. Waterless toilets
d. Ultra -Low flow toilets
e. Lawn/Landscape replacement
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f. Grey water system installation in new construction
g. Installation of rainwater recovery system
h. Other water savings best management practices as approved by the Public Works
Director
i. Payment of an "In -Lieu" fee program of $2,900 per Water Equivalency Units
(WEU).
Harbor Department Conditions:
1. Applicant shall request in writing to the City to adjust the lease lines at the appropriate
time prior to issuance of a building permit.
2. Clean Marina BMP's: Applicant is encouraged to berm trash and recycling areas to
prevent leaks from entering waterways. Applicant has indicated on sheet A-14 they will
comply with this containment BMP, which if bermed correctly, should not impede rolling
of trash bins over the berm and out of the enclosure.
Planning Conditions:
1. A Coastal Development Permit shall be submitted to the Community Development
Department prior to issuance of a building permit.
2. All conditions imposed with the Concept Plan approval of UPO-058, as approved by the
City Council on May 12, 2008, and any modifications to the project approved by the City
subsequent to that date not inconsistent with this Resolution or any future modifications
to the subject CUP shall remain in full force and effect.
3. Applicant shall remove the non -conforming pole sign.
4. Height Certification: Prior to foundation inspection, a licensed land surveyor shall
measure and inspect the foundation and submit a letter to the CDM certifying that the
tops of the foundation is in compliance with the finish floor elevations and setbacks as
shown on approved plans. Prior to either roof nail or framing inspection, a licensed
surveyor shall measure the height of the structure and submit a letter to the CDM,
certifying the height of the structure is in accordance with the approved set of plans and
complies with the height requirements of MBMC section 17.12.310.
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.
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6. Siting of tables on the second floor public view deck shall be such that 50% of the view
deck width (facing the bay) may have tables located adjacent to the railing with the
remaning 50% of view deck width maintaining eight (8') feet of clear area at all times.
All tables located on the public view deck shall include signage noting that the tables are
for public use. The public access signage for the tables shall be submitted to the Planning
Division for review and approval prior to issuance of a building permit. Restaurant table
service on the public view deck shall be prohibited.
7. Signs announcing public coastal access shall be placed on or adjacent to the elevator and
at the bottom of the staircase leading to the second floor view deck.
8. The applicant shall revise the trash enclosure, located in the pocket park, to include a roof
or cover. Trash enclosure design shall be submitted to the Planning Division for review
and approval prior to issuance of a building permit.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 25th day of August, 2015 on the following vote:
AYES: Irons, Headding, Johnson, Smukler
NOES: None
ABSENT: Makowetski
ABSTAIN: None
TT
NA SWANSON, City Clerk
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