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HomeMy WebLinkAboutReso 03-18 Grays Inn CUPRESOLUTION NO. 03-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT #UP0448 AS CONCEPT/PRECISE PLAN FOR CONSTRUCTION OF NEW HARBORWALK LATERAL ACCESS, INSTALLATION/SLEEVING OF PILES, VERTICAL ACCESS PATHWAY, SIDEWALK & PARKING LOT IMPROVEMENTS AND MISCELLANEOUS BUILDING FACADE IMPROVEMENTS AT GRAY'S INN LOCATED AT 561 EMBARCADERO ROAD, ALSO KNOWN AS CITY LEASE SITE 63-64 AND 63W-64W. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay conducted public hearings at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on December 201 2016, and January 17, 2017, for the purpose of considering Conditional Use Permit (UPO- 448) ("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 February 14, 2017, pursuant to the Planned Development regulations (Morro Bay Municipal Code (MBMC) section 17.40,030), for the purpose of considering the Project for 561 Embarcadero, also known as the Gray's Inn, in an area within the original jurisdiction of the California Coastal Commission and ; and WHEREAS, the City Council conducted a public hearing at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California, on January 23, 2018, pursuant to the Planned Development regulations (MBMC section 17.40.030), for the purpose of reconsidering the Project for 561 Embarcadero, also known as the Gray's Inn, in an area within the original jurisdiction of the California Coastal Commission; and WHEREAS, notice of both public hearings was provided at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the recommendation made by the Planning Commission, 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: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQAI FINDINGS For purposes of the California Environmental Quality Act, the Project is exempt under Class 3c, Section 15303 for New Construction or Conversion of Small Structures which allows for Resolution No. 03-18 Page 2 of 9 a motel or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 10,000 square feet in floor area and where the surrounding area is not environmentally sensitive based on the eelgrass planning survey prepared by Tenera Environmental dated May 2, 2016, and will have no potentially significant environmental impacts. Furthermore, none of the exceptions to that Categorical Exemption, set forth in CEQA Guidelines Section 15300.2, apply to the Project. CONDITIONAL USE PERMIT FINDINGS A. The 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 construction of new new harborwalk lateral and vertical access along with sidewalk, parking lot, and building fapade improvements and repairs at 561 Embarcadero are permitted uses within the zoning district and said structures comply with all applicable project conditions and City regulations and is consistent with the City's General Plan and Local Coastal Program, B. The Project will not be injurious or detrimental to property and improvements in the neighborhood and the general welfare of the City in that the proposed lateral and vertical access will provide greater public coastal access to a visitor -serving commercial use and is consistent with the character of the existing development. WATERFRONT MASTER PLAN FINDINGS The Project makes a positive contribution to the visual and public accessibilty to the bay while increasing and maintaining commercial fishing industry: 1. The Project provides the amenities identified in the Water Front Master Plan, facilitates pedestrian visual and physical access to the waterfront, in that the bayside lateral access is improved to allow for easier pedestrian access, enjoyment and better bay views by opening up vertical access to improve view corridor from the street.. 2. The Project makes a positive contribution to the working fishing village character and quality of the Embarcadero area in that the new improvements will add to coastal access through provision of vertical access and new lateral access along the bay and also as an existing commercial use with existing dock system does not worsen or block any existing views or intrude into pedestrian access areas and takes advantage of outward views and characteristics of the topography. 3. The design recognizes the pedestrian orientation of the Embarcadero and provides an interesting and enhanced pedestrian experience in that the Project will provide improved lateral public access to the water and docks while assisting in the Harborwalk plan to continue public access along the waterfront as well as create improved view corridor through the vertical access leading to the bayside lateral access. The sidewalk improvements will improve pedestrian accessibility along the Embarcadero and is consistent with the character of the existing development. 2 Resolution No. 03-18 Page 3 of 9 4. The Project gives its occupants and the public some variety in materials and application in that the harborwalk lateral access will be of wood or aluminum material and the vertical access will be a stained concrete in order to promote public awareness of coastal bayside access. 5. The 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 harborwalk public lateral access will be accessible to the public and that is consistent with the character of the existing development. 6. The 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 connection point to its immediate neighbor to the north and will be enhanced by opening up the vertical access along the southerly entrance of the building. ARCHITECTURAL CONSIDERATION As required by MBMC Section 17.48.200 the City Council finds the architectural treatment and general appearance of all proposed structures and open areas are in keeping with the character of the surrounding areas, are compatible with any design themes 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. PRECISE PLAN FINDING As required by MBMC Section 17.40.030.G, the City Council finds the Project is developed sufficiently to approve the Project as combined Concept/Precise Plans approval of the Conditional Use Permit. Section 2. Action. The City Council does hereby approve Conditional Use Permit (#UPO-448) for the proposed public access improvements, and commercial remodel at 561 Embarcadero (City lease site 63-64 and 63W-64W), known as the Grays Inn, subject to the following conditions: STANDARD CONDITIONS 1. This permit is granted for the land described in the Planning Commission staff report dated December 14, 2016, and second staff report dated January 11, 2017, for the project at 561 Embarcadero depicted on plans dated January 3, 2017, 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 Planning Commission approved plans submitted for UPO-448 & ADO-109, 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 years after the effective date of this Resolution and is diligently pursued, thereafter, this approval will automatically become 3 Resolution No. 03A8 Page 4 of 9 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 additional year each. Any extension may be granted by the City's Community Development Director (the "Director"), upon finding the Project complies with all applicable provisions of the MBMC and the City's 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 Community Development Director. Any changes to this approved permit determined, by the Director, 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 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 Project; or applicant's 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 lease site 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 Director or as authorized by the Planning Commission. Failure to comply with any of 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 MBMC and is a misdemeanor. Building Conditions: 1. Prior to construction, the Applicant shall submit a complete building permit application and obtain the required building permit. Fire Conditions: 1. Fire Safety During Construction and Demolition. Chapter 33 of the California Fire Code (CFC) prescribes minimum safeguards for construction, alteration and demolition operations to provide reasonable safety to life and property from fire during such operations and is applicable to the Project and the Applicant shall comply with that chapter. Compliance with National Fire Protection Association (NFPA) 241 is required for items not specifically addressed herein. 2. New construction of Harborwalk extension. An approved automatic fire sprinkler system Resolution No. 0348 Page 5 of 9 shall be installed throughout all new buildings and structures on the west side of Embarcadero Road. (MBMC (Section 14.08.090(L)(2)). Applicant shall provide automatic fire sprinkler protection beneath the 619 sf. Public Harborwalk structure. 3. Existing floating docks, Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with NFPA 303. Systems shall be provided with hose connections located such that no point on the marina pier or float system exceeds 150 feet from a standpipe hose connection. (CFC 3604.2). The distance from the most distal location on the floating dock is 167 feet to Embarcadero fire department access. Applicant shall provide a Class 1 Standpipe system on the floating dock system. Public Works Conditions: 1. The Applicant shall provide a standard erosion and sediment control plan with the required building permit submittal. That plan shall show control measures to provide protection against erosion of adjacent property and prevent sediment or debris from entering all public rights -of -way, adjacent properties and any harbor, waterway, or ecologically sensitive area. 2. The following Public Works notes shall be added to the plans at building permit submittal: a) Any damage, as a result of construction operations for the Project, to City facilities, i.e. curb/berm, street, sewer line, water line, or any public improvements shall be repaired by the Applicant, at no cost to the City of Morro Bay. b) No work shall occur within (or use of) the City's Rights -of -Way without an encroachment permit. Encroachment permits are available at the City %J Morro ,Bay Public Works Office located at 955 Shasta Ave. The Encroachment permit shall be issued, if at all, concurrently with the building permit. Harbor Department: 1. The Applicant shall provide evidence of consent of neighboring lease site owner at 571 Embarcadero for purposes of construction of the two -foot gap portion of harborwalk lateral access prior to issuance of a building permit. Planning Conditions: 2. A Coastal Development Permit shall be submitted to the Community Development Department prior to issuance of a building permit. 3. Prior to issuance of a building permit, the Applicant regulatory permits and authorizations (i.e. U.S. Arm shall either acquire all required 5 Resolution No. 03-18 Page 6 of 9 4. Conditions of Approval on Building Plans: Prior to the issuance of a Building Permit, the final Conditions of Approval for both the Conditional Use Permit and the Coastal Development Permit 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, 5. Inspection: The Applicant shall comply with all City conons of approval and conditions imposed by the California Coastal Commission and obtain final inspection clearance from the Planning Division at the necessary time in order to ensure all conditions have been met. 6. Floating dock. The floating dock shall be publicly available for general public pedestrian access and either short-term or long-term use by recreational or commercial boats. Signs discouraging the public from walking on the docks during daylight hours are prohibited. The docks shall be open to the general public during at least daylight hours (i.e. one hour before sunrise to one hour after sunset). 7. A Marine Wildlife Contingency Plan (Plan) shall be developed and approved by the Community Development Director prior to the initiation of pile driving activities. That plan shall describe specific methods that will be used to reduce pile -driving noise and comply with Paragrah 9., below. Power to the pile driver shall be ramped up to allow marine wildlife to detect a lower sound level and depart the area before full -power noise levels are produced. The Plan shall identify a US Fish & Wildlife Service (USFWS)-approved biologist to monitor all construction within the water -lease area who shall be retained by the applicant. The Plan shall describe on -site marine wildlife monitoring and reporting requirements, as well as identify specific conditions when the biological monitor shall be allowed to stop work, such as observance of a marine mammal within 100 feet of the project area. The biologist shall be responsible to monitor for compliance with all environmental mitigation measures, and regulatory permit conditions (as applicable). The approved biological monitor shall be present onsite during construction and shall have the authority to stop construction if any individuals of southern sea otter are seen within 100 feet of the project area. Construction will be allowed to resume after sighted otters have left the 100-foot radius of the project area. The species shall not be disturbed or forced from the project site by equipment, noise, or other disruptive activity. The monitor will have discretionary authority to temporarily halt the Project if it is determined any otter, or other marine mammal, could be affected by the Project, even if the animal is beyond the 100400t boundary. All construction crew employees shall be informed on the requirements of this condition. 8. Aproject-specific Oil Spill Response and Recovery Plan that includes specifics on reporting and response procedures, available on -site equipment and contracted services, and responsibilities shall be completed and approved prior to the initiation of construction activities. Specifically, the Project shall include the following Best Management Practices (BMPs) and shall be included on building plans submitted for approval: a. No refueling of equipment without adequate containment and spill response equipment. The barge shall have only double contained fuel storage below decks, with the spill containment and clean up kits on -site and easily accessible. Spill containment and clean up kits shall include the following: 0 Resolution No. 03-18 Page 7 of 9 i. 150 feet Absorbent Boom 200 square feet Absorbent Tarp (for use during pile driving operations) ii. Barrel Absorbent Pads iii. Container Absorbent Granules b. Rainwater runoff pollution from equipment stored on deck shall be prevented through ongoing equipment maintenance and appropriate double containment. c. The work area shall be contained within a boom to prevent debris from falling into the water. d. All equipment fueling shall take place on the barge, with containment in -place. No refueling between vessels shall occur. e. An Absorption Tarp shall be placed underneath any portable equipment while in use. f. No equipment shall be permitted to enter the water with any petroleum products. g. All equipment used during pile driving operations shall be in good condition without fuel or oil leakage. h. Should any equipment begin to leak, that equipment shall be removed immediately from the barge and repaired or replaced. i. All vessels shall have portable, regularly serviced sanitation equipment. No overboard discharge is permitted. 9. Pre- and Post -construction surveys. Applicant shall be subject to the California Eelgrass Mitigation Policy (CEMP) which requires that a pre -construction survey shall be completed within 30-60 days prior to issuance of a building permit. Post -construction survey shall be completed within 30 days of construction completion or as otherwise determined by the National Marine Fisheries Service (NMFS) in order to determine amount of impact if any and CEMP-required annual reporting and mitigations. Translucent grating shall be used for the harborwalk in the area that extends beyond the area covered by the rock rip rap and to the greatest extent feasible over the unvegetated 5 meter eelgrass buffer. Any change in eelgrass extent shall be documented and reported to the Community Development Director. If the report identifies a reduction in eelgrass coverage then a plan shall be prepared to identify the appropriate mitigations necessary and in line with the specifications for mitigation of eelgrass habitat as provided for in the California Eelgrass Mitigation Policy, dated October 2014, 10. Prior to issuance of a building permit, a pile driving plan and hydro -acoustical noise mitigation plan shall be submitted to the Community Development. Director to ensure that underwater noise generated by pile driving activities is minimized to the maximum extent feasible and does not exceed: (i) an accumulated 187 dB SEL as measured 5 meters from the source; and (ii) peak dB above 208 dB as measured.10 meters from the source as determined by the Fisheries Hydroacoustic Working Group. In the instance anything other than a vibratory hammer is to be used for pile driving activities, the plan shall provide for a hydro -acoustical monitor to ensure that underwater noise generated by pile driving activities does not exceed such limits. The plan shall identify the type of method used to install pilings. Vibratory hammers shall be used where feasible; if another method is used, a bubble curtain shall be employed to contain both noise and sediment. The plan shall also provide for additional acoustical BMPs to be applied if monitoring shows underwater noise above such limits (including, but not limited to, alternative pile driving methods (press -in pile placement, drilling, dewatered isolation casings, etc.) and additional noise dampening measures (sound shielding and other noise attenuation devices). 7 Resolution No. 03-18 Page 8 of 9 1 I Netting or fencing around and underneath the project site shall be installed to catch and remove debris released during and after construction. 12. To reduce potential turbidity -associated impacts, silt screens should be used when and where they will be effective. The relatively high tidal currents within Morro Bay could reduce the effectiveness of silt screens and should be considered prior to placing of these screens. 13. The Applicant shall include sign specifications for all signs on site that demonstrate compliance with the sign ordinance requirements founds in Chapter 17.68 of the MBMC. 14. The Applicant shall maintain vertical access free of any obstructions, including but not limited to parked vehicles. 15. The Applicant shall trim and maintain the jade landscaping hedge located along the length of the coastal access walkway on the south side of the building to a height no higher than 30 inches at all times. 16. The Applicant shall maintain the view corridor on the south side of the Grays Inn _building with no view corridor obstructions other than the fencing and existing utilities per approved plans for #UPO-448. 17. An interpretive sign with content relating to the historical nature of Morro Bay shall. be submitted for review and approval by the Community Development Director and shall be intalled along the Harborwalk lateral access prior to final occupancy of the building permit. 18. No change shall be made to the sign copy or design of the existing Gray's Inn pole sign which was previously permitted through Conditional Use Permit #07-92, unless otherwise approved by the Planning Commission or City Council. 19. The vertical access path, in the area adjacent to the parking spaces shall be delineated by a bollard or other suitable feature in order to prevent parked vehicles from encroaching on the vertical access pathway. The type, location, and method of delineations shall be submitted to the Community Development Department for review and approval. 20. Two parking spaces on Driftwood and Embarcadero as determined by staff shall be signed and dedicated for Gray's Inn guests from 3 p.m. to 11 a.m. daily. Applicant shall enter into a license agreement with the City for an amount equal with the parking rates set as $1705 annually for a three year period subject to increase or decrease with City Council approval. That parking license agreement shall be finalized prior to issuance of a building permit and shall be incorporated into the Applicant's Master Lease Agreement for the City lease site. Resolution No. 03-18 Page 9 of 9 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 231 day of January, 2018 on the following vote: AYES: Irons, Davis, Headding, Makowetskl, McPherson NOES: None ABSENT: None ABSTAIN: None ATTEST r i ANA ANSON, City Clerk