HomeMy WebLinkAboutReso 14-18 House of JujuRESOLUTION NO. 14-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING CONCEPT PLAN APPROVAL OF CONDITIONAL USE PERMIT (UPO=
446) FOR COMMERCIAL RESTAURANT REMODEL, IMPROVEMENTS TO PUBLIC
ACCESS, AND REPAIR OF 5 EXISTING PILINGS AND BATTER WALL AT 945
CRAM
ARCADEROALSO KNOWN AS HOUSE OF JUJU
,
945 EMBARCADERO (CITY LEASE SITE 96 AND 96W).
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 September 5, 2017, for the purpose of considering a Concept Plan approval of
Conditional Use Permit #UP0446 ("the Project"); and
WHEREAS, the City's City Council conducted a public hearing at the Morro Bay
Veteran's Hall, 209 Surf Street, Morro Bay, California, on October 10, 2017, pursuant to
the Planned Development regulations (Morro Bay Municipal Code (MBMC) section
17.40.030), for the purpose of considering the Project for 945 Embarcadero, also known
as the House of Juju, in an area within the original jurisdiction of the California Coastal
Commission; and
WHEREAS, the City's City Council conducted a public hearing at the Morro Bay
Veteran's Hall, 209 Surf Street, Morro Bay, California, on March 27, 2018, pursuant to
the Planned Development regulations (Morro Bay Municipal Code (MBMC) section
17.40.030), for the purpose of considering the Project for 945 Embarcadero (City lease
site 96 and 96W), also known as the House of Juju, in an area within the original
jurisdiction of the California Coastal Commission; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law; and
WHEREAS, the Planning Commission has duly considered all evidence,
including 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 evidence, the Council makes the following
findings:
California Environmental Quality Act (CEQA)
A. That for purposes of the California Environmental Quality Act, Case No. UP0446 is
categorically exempt under Class 1d, Section 15301 where under existing facilities
restoration or rehabilitation of deteriorated or damaged structures to meet current
standards of public health and safety are allowed which the repair and rehabilitation
of the 5 pilings and non-structural repairs to the gunny sack batter wall would qualify
for an exemption. In addition, Section 15301, Class 1d which also under existing
facilities allows for additions to existing structures provided that the addition will not
result in an increase of more than 10,000 square feet and the area in which the
project is located is not environmentally sensitive based on the eelgrass planning
survey submitted by Tenera Environmental dated November 24, 2015 and
implementation of best management practices as conditioned by Planning conditions
7-11. Additionally, none of the Categorical Exemption exceptions, noted under
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
commercial remodel, public access improvements, and piling and wharf repairs, and
non-structural repairs to gunny sack batter wall at 945 Embarcadero are permitted
uses within the zoning district; the waiver of parking in lieu fees for four parking
spaces triggered by the restaurant remodel per Council resolution 54-16; and said
commercial structures comply with all applicable project conditions and City
regulations and is consistent with the City's 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 commercial
remodel, public access improvements, and piling repairs and batter wall repairs will
provide a visitor -serving opportunity which will provide additional benefit and
improvements to an existing visitor -serving commercial use and is consistent with
the character of the existing development.
Waterfront Master Plan Findings
A. The proposed project makes a positive contribution to the visual and public
accessibility to the bay while increasing and maintaining commercial fishing industry:
1. Meets the Waterfront plan height limit and maximum building coverage, bulk,
and scale requirements in that the proposed project does not exceed
development standards.
2. The proposed project provides the amenities identified in the WF Plan,
facilitates pedestrian visual and physical access to the waterfront, and takes
advantage of outward views and characteristics of the topography in that the
bayside lateral access is improved to allow for easier pedestrian access,
enjoyment and better bay views. It preserves and enhances the views as
seen around the building.
3. The project does not worsen or block more views, it does not block view
corridors or intrude into pedestrian access areas. It takes advantage of
outward views and characteristics of the topography in that the project
proposes outdoor public seating on the bayside in addition to providing a
minimum of 10 foot bayside lateral access.
4. The proposed project makes a positive contribution to the working fishing
village character and quality of the Embarcadero area in that the new project
will add to the amenities of the existing adjacent Anchor Park, will add an
outdoor seating option which will maintain and enhance views of the bay.
5. The proposed project maintains the pedestrian orientation of the
Embarcadero by maintaining existing commercial visitor -serving that does not
increase height or create view impacts from the 71sf commercial addition and
also in that the project will provide improved lateral public access to the water
docks while assisting in the Harborwalk plan to continue public access along
the waterfront that is consistent with the character of the existing
development.
6. The project gives its occupants and the public some variety in materials
and/or application in that the project, including the improved angled
harborwalk leading from Anchor Park to the project lease site, and also
retains building character.
7. 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 public lateral access and outdoor seating counter
will be accessible to the public and provides articulation that is consistent with
the character of the existing development.
8. The proposed .project does not diminish, either directly or by cumulative
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 bayside lateral access is existing and will be
enhanced by opening up the northwesterly entrance to make the lateral
access more inviting to pedestrians. And is in keeping with the architectural
style, massing, materials, scale, and use of its surroundings.
Architectural Consideration
A. As required by Ordinance Section 17.48.200 the Planning Commission finds that 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.
Section 2. Action. The City Council does hereby approve Concept Conditional Use
Permit #UPO-446 subject to the following conditions:
STANDARD CONDITIONS
1. This permit is granted for the land described in the staff report dated March 14
2018, for the project at 945 Embarcadero depicted on plans dated February
45 2018, 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 UP0446, 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 Director , upon finding the project complies with all
applicable provisions of the Morro Bay Municipal Code (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/or 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 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 Conons: 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 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.
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:
1. Prior to construction, the applicant shall submit a complete building permit
application and obtain the required building permit.
Fire Department Conditions:
1. Fire Sprinkler Coverage.. Sprinkler coverage shall be extended to include the
following areas, in accordance with Morro Bay Municipal Code, Sections
140082090 (L) (2), 14,08,090 (N), 14.52.060, CFC 3604, NFPA 13 and NFPA
303:
a. Applicant shall. .provide sprinkler coverage beneath the existing public
access deck.
b. Applicant shall extend sprinkler coverage for protection of proposed new
dining area, new bar area, and new trash enclosure.
c. Applicant shall submit plans for required automatic fire sprinkler system
protection to Morro Bay Community Development Department for review.
Public Works Conditions:
The following Public Works conditions shall be satisfied with the Building Plan submittal:
1. Sewer Lateral: If an existing lateral is used, perform a video inspection of the
lateral and submit to Public Works via flash drive or DVD, prior to building
permit issuance. Lateral shall be repaired if necessary and all repairs shall be
noted on approved set of plans. A sewer backwater valve and downstream
cleanout, extended to grade, shall be installed on the sewer lateral. If a new
lateral is being proposed and old lateral exists, include a note on the plans to
cap and abandon existing sewer lateral.
2. Sewer Backwater Valve: A sewer backwater valve shall be installed on site to
prevent a blockage or maintenance of the municipal sewer main from causing
damage to the proposed project (MBMC 14.24.070). Indicate and label on
plan
3. Erosion and Sediment Control Plan: Provide a standard erosion and sediment
control plan per MBMC Chapter 14.48. The Plan shall show control
measures to provide protection against erosion of adjacent property and
prevent sediment or debris from entering the City right of way, adjacent
properties, any harbor, waterway, or ecologically sensitive area.
4. Encroachment Permits: A sewer encroachment permit shall be required for
the installation of the sewer lateral. When utility connections require
pavement cuts a traffic control plan indicating appropriate signing, marking,
barricades and flaggers must be submitted with the Encroachment Permit
application.
5. Water Backflow Prevention Device: Verify and label all new or existing water
backflow preventers0 Devices are required for fire water systems, irrigation
systems on a dedicated water meter, systems which may change in character
of use (commercial rentals, etc.), gray water systems, or any plumbing system
which has cross -connections or the ability to allow water of deteriorated
sanitary quality to enter the public water supply. Add note to plan that device
is an approved domestic water backflow prevention device.
Add the following Items/Notes to the Plans:
6. Any damage, as a result of construction operations for this project, to City
facilities, i.e. curb/berm, street, sewer line, water line, or any public
improvements shall be repaired at no cost to the City of Morro Bay.
7. No work shall occur within (or use of) the City's Right of Way without an
encroachment permit. Encroachment permits are available at the City of
Morro Bay Public Works Office located at 955 Shasta Ave. The
Encroachment permit shall be issued concurrently with the building permit.
Planning Conditions:
1. A Coastal Development Permit shall be submitted to the Community
Development Department prior to issuance of a building permit.
2. Inspection: The applicant shall comply with all City conditions 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.
3. Landscaping: A landscaping plan shall be submitted for review and approval
with the Precise Plan submittal.
4. Public Access Closure:. The public access closure shall be limited to no more
than 45 days. Any extension of public access closure beyond 45 days shall
be subject to review and approval by the Community Development Director.
5. Prior to issuance of a building. permit, the Applicant shall either acquire all
required regulatory permits and authorizations (i.e. U.S. Army Corps of
Engineers, Regional Water Quality Control Board, California Department of
Fish and Wildlife), or submit documentation that such permits are not
required.
6. Eelgrass —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. 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
7. A Marine Wildlife Contingency Plan shall be developed and approved by the
City of Morro Bay prior to the initiation of pile driving activities. This plan shall
describe specific methods that will be used to reduce pile -driving noise.
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 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 that the
otter, or other marine mammal, could be affected by the project, even if the
animal is beyond the 100-foot 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:
b. 150 feet Absorbent Boom 200 square feet Absorbent Tarp (for use during
pile driving operations)
c. Barrel Absorbent Pads
d. Container Absorbent Granules
e. Rainwater runoff pollution from equipment stored on deck shall be
prevented through ongoing equipment maintenance and appropriate
double containment.
f. The work area shall be contained within a boom to prevent debris from
falling into the water.
g. All equipment fueling shall take place on the barge, with containment in.
place. No refueling between vessels shall occur.
h. An Absorption Tarp shall be placed underneath any portable equipment
while in use.
i. No equipment shall be permitted to enter the water with any petroleum
products.
j. All equipment used during pile driving operations shall be in good
condition without fuel or oil leakage.
k. 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. Prior to issuance of a building permit, a pile driving plan and hydroacoustical
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: (1) an
accumulated 187 dB SEL as measured 5 meters from the source, and (2)
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).
10. Netting or fencing around and underneath the project site shall be installed to
catch and remove debris released during and after construction.
11.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.
12. The proposed restaurant remodel established a requirement of 13 parking
spaces with 9 spaces provided as historic credit. Pursuant to the provisions of
City Council resolution 54-16 dated June 28, 2016, the amount of the
remaining four required parking spaces shall be calculated as free for the first
four parking spaces. If Council parking in -lieu resolution has expired as of
building permit approval, then parking in -lieu fees shall be calculated
according to fees in place as of the time of City Council Concept Conditional
Use Permit approval. Said parking in -lieu fee shall be paid prior to issuance
of a building permit.
Planning Commission conditions:
13. The Harborwalk decking shall be raised to match elevation and provide a
smooth transition to the lease site to the south without need for a ramp or
additional transition material.
14.Applicant shall obtain an encroachment permit for off -site improvements,
including landscaping, installed in the adjacent Anchor Park or as otherwise
determined applicable by the Public Works Director,
City Council conditions:
15.Outdoor trash containers shall be designed to prevent wildlife from removing
trash and shall be regularly maintained and emptied. This design shall be
included on plans submitted with the Precise Plan CUP. Trash can shall be
located to the south of the public counter seating area and near the building
and shall not encroach into the required 10400t public bayside lateral access.
16. Public coastal access signs shall be designed to include Morro Bay
Harborwalk instead of identifying business name. Revised sign plan shall be
included with the Precise Plan CUP.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 27t" day of March, 2018, on the following vote:
AYES: Irons, Davis, Headding, Makowetski, McPherson
NOES: None
ABSENT: None
ABSTAIN: None