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HomeMy WebLinkAboutReso 09-16 Concept Plan Approval and Adoption of Mitigated Negative Declaration for Conditional Use Permit #UP0-359 for 725 Embarcadero (Rose’s Landing)RESOLUTION NO.09-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TO APPROVE CONCEPT PLAN APPROVAL OF CONDITIONAL USE PERMIT (UPO- 359) FOR CONSTRUCTION OF NEW GANGWAY, FLOATING DOCK, SEVEN BOAT SLIPS, AND 487 SQUARE FOOT SECOND FLOOR DINING DECK EXPANSION AS WELL AS IMPROVEMENTS TO BAYSIDE LATERAL ACCESS ON BOTH NORTH, WEST AND SOUTH SIDES OF LEASE SITE AT 725 EMBARCADERO, ALSO KNOWN AS LEASE SITE 82-85/82W-85W. 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 January 5, 2016, for the purpose of considering Concept Plan approval of Conditional Use Permit #UPO- 359 (the "Proposed Project") and adopted PC Resolution 0446 to forward a favorable recommendation with conditions to the City Council for Concept 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 February 23, 2016, pursuant to the Planned Development regulations (Morro Bay Municipal Code (MBMC) section 17.40.030), for the purpose of considering the Proposed Project for 725 Embarcadero Road, also known as land lease site 82-85 / 82W-85W (APN 4066-351-012, 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: City Council Resolution #09-16 UPO-359 Concept Plan 725 Embarcadero Page 2 California Environmental Quality Act (CEQA) 1. That for purposes of the California Environmental Quality Act, Case No. UPO-359 is subject to a Mitigated Negative Declaration based upon potentially significant impacts to Biological Resources, Cultural Resources, Greenhouse Gas Emissions, and Hydrology/Water Quality. Any impacts associated with the proposed development will be brought to a less than significant level through the Mitigated Negative Declaration (MND). Additional mitigation has been added as a result of review during the comment period by the California Coastal Commission and has been highlighted in red in the mitigation and monitoring plan. The revised plans did not result in any additional impacts that would require re -circulation and all impacts have been reduced to a level less than significant. 2. The City Council finds that the Applicant has revised the dock plans to the greatest extent feasible in order to avoid impact to eelgrass habitat pursuant to the California Eelgrass Mitigation Policy. Conditional Use Permit Findings 1. 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 gangway, dock, seven (7) boat slips, dining deck expansion, observation deck, and improved public lateral access at 725 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 Local Coastal Program. 2. 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 floating dock and new slips will provide a water -oriented visitor -serving recreational opportunity as well as the dining deck expansion will provide additional benefit and improvement to a 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 accessibilty 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 City Council Resolution 409-16 UPO-359 Concept Plan 725 Embarcadero Page 3 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. 3. 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 availability of boat slips in the bay for recreational or commercial boat rental and also with the creation of an observation deck and deck expansion will maintain and enhance views of the bay. 4. 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 a second floor observation deck open to the public and the deck expansion design is consistent with the character of the existing development. 5. The project gives its occupants and the public some variety in materials and/or application in that the deck expansion and dock construction will be of wood or aluminum material. 6. 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 docks and public lateral access will be accessible to the public and also in that the dining deck expansion provides articulation that is consistent with the character of the existing development. 7. 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 bayside lateral access is existing and will be enhanced by creating a bridge connection point, which further opens up the northerly entrance, removes the wood and glass wall and adds roof skylights along the west semi -enclosed lateral access to make it more inviting to pedestrians along with widening the lateral access at the southwest corner to go around existing outdoor dining rather than through the dining area; and new construction of floating dock and slips and dining deck expansion is in keeping with the architectural style, massing, materials, scale, and use of its surroundings. 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 City Council Resolution #09-16 UPO-359 Concept Plan 725 Embarcadero Page 4 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-359 subject to the following conditions: STANDARD CONDITIONS 1. This permit is granted for the land described in the staff report dated February 10, 2016, for the project at 725 Embarcadero depicted on plans dated February 4, 2016, 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-359, 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. Chan es: Minor changes to the project description and conditions of approval shall be subject to review and approval by the CDid. 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 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. City Council Resolution #09-16 UPO-359 Concept Plan 725 Embarcadero Page 5 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. Standpipe Plan Submittal Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with NFPA 303. Systems shall be located such that no point on the pier or float system exceeds 150 feet from the standpipe hose connection. (CFC 3604.2, 905, and MBMC 14.52.060). a. Applicant shall submit plans for a Class 1 Standpipe System, for protection of the floating dock system and boat slips, in accordance with MBMC 14.52.060 CFC 904 and NFPA 303, to Moro Bay Community Development Department for review. 2. Portable fire extinguishers. One portable fisher extinguisher of ordinary (moderate) hazard type shall be provided at each required standpipe hose connection. Additional portable fire extinguishers, suitable for the hazards involved, shall be provided and maintained in accordance with CFC 906. (CFC 4504.4). a. Applicant shall provide one (2A40BC) fire extinguisher and cabinet on the floating dock and depicted on Sheet 1. 3. Construction and operations of marinas, boatyards, yacht clubs, boat condominiums, docking facilities, multiple -docking facilities and all associated piers, docks, and floats shall be in accordance with NFPA 303. City Council Resolution #0946 UPO-359 Concept Plan 725 Embarcadero Page 6 4. Installation and Acceptance Testing. Fire detection and alarm systems, fire -extinguishing systems, fire hydrant systems, fire standpipe systems, fire pump systems, private fire service mains and all other fire protection systems and appurtenances thereto shall be subject to acceptance tests as contained in the installation standards and as approved by the fire code official. The fire code official shall be notified before required acceptance testing. (CFC 901.5). 5. Occupancy. It shall be unlawful to occupy any portion of a building or structure until the required fire detection, alarm and suppression systems have been tested and approved. (CFC 901.5.1). 6. Fire sprinklers. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required systems shall be extended, altered or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards. (CFC 901.4). 7. Applicant shall submit sprinkler plans for upstairs dining room bar modifications and the new dining deck expansion, to Morro Bay Community Development Department for review. Public Works Conditions: The following Public Works conditions shall be satisfied prior to Building Plan submittal: 1. If water service to the dock is planned, an appropriate backflow prevention device is required to installed, routinely inspected and maintained per MBMC Chapter 13.08 Water Cross -Connections. 2. 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. 3. Encroachment Permits: A standard encroachment permit may be required if utility connections are required within the City Right of Way. 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. Add the following Items/Notes to the Plans: 4. 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 Department located at 955 Shasta Ave. The Encroachment permit shall be issued concurrently with the building permit. City Council Resolution #0946 UPO-359 Concept Plan 725 Embarcadero Page 7 a. Any damage 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. Harbor Department Conditions: 1. Applicant shall request in writing to the City to adjust the lease lines as applicable at the appropriate time. 2. The bridge material shall be submitted for review and approval to the Harbor Director and the Community Development Manager prior to issuance of a building permit. Applicant shall retain responsibility for maintenance and legal responsibility if the bridge is made of wood or other highly perishable material. 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. Bayside Lateral Public AccesswaX. The existing semi -enclosed public accessway along west side of building shall maintain a minimum 8 foot wide coastal access with open unobstructed access in order to maximize public use and enjoyment. Any uses that obstruct the accessway such as private uses or barriers such as furniture, planters, ropes, or restaurant seating and specifically table seating within the 8 foot coastal accessway shall be prohibited. 4. 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). 5. Final precise plans shall be revised to include coastal public access signs on the northeast and southeast face of the building on Embarcadero Road (street entrance). Signs announcing public coastal access shall be placed at both north and south entry points to the semi -enclosed public access way or as consistent with a Public Access Management Plan as approved by the California Coastal Commission. 6. Shading f eelgrass — No part of any floating dock, boat structure or other portion thereof shall be located vertically above any existing eelgrass bed as identified on the approved site plan. Nothing shall be allowed to dock, for any length of time, above any existing City Council Resolution #09-16 UPO-359 Concept Plan 725 Embarcadero Page 8 eelgrass bed. Translucent grating shall be used to the greatest extent feasible on the floating dock area over the unvegetated 5 meter eelgrass buffer. 7. Observation Deck. Signage shall be added to entrance of observation deck and at street level announcing public access and no purchase required. Form and design of signage shall be consistent with the approved public coastal access signs as approved by the California Coastal Commission. Precise plans submitted for approval to the City shall denote all signage locations. 8. The open courtyard area to the south of the Rose's Landing building shall maintain a minimum of 8 foot wide lateral access to provide public access from Embarcadero Road west to the bay. Any existing public tables and benches which impinge on the 8 foot requirement shall be moved to allow for open pedestrian access. Any existing outdoor dining tables on the lease site shall have table signs permanently affixed informing the public that no purchase is required_ 9. The Mitigation and Monitoring Plan, attached to This City Council resolution as Attachment A shall be incorporated as conditions of approval. 1Q. Improve connections between lateral access on north side of building and existing public view deck seaward of the Front Street street terminus. Improvements to include a bridge from the viewing deck to the existing lateral access way. 11. Public access space and private dining shall be clearly delineated and enclosed with railing as required by Waterfront Master Plan. 12. Glass windscreen and/or roof of the bayside lateral access walkway shall be removed along its length north of the outdoor first floor dining facilities located at southwest end of building. 13. Precise Plan shall include a specific sign plan with both commercial tenant and public access signs shown, including but not limited to, plans denoting size and material of sign, location of signs and method of attachment. 14. Plans shall be revised to the greatest extent feasible, to ensure lateral access at the south end of the lease site is able to accommodate a connection point to future lateral access to Lease Site 18. City Council Resolution #09-16 UPO-359 Concept Plan 725 Embarcadero Page 9 City Council Conditions, 1. To the greatest extent feasible, the project plans shall consider, include and identify additional stormwater management and educational components to improve stormwater runoff for the project beyond those impacts related to just the construction phase of the project. 2. Plans shall be revised to include a minimum of two benches to be located on the second floor public observation deck. 3. The outdoor trash receptacles located to the south of the building shall be redesigned with a cover and doors in order to be screened from the public view and maintain the view corridor to the satisfaction of the Community Development Manager. The redesign shall be included for approval with the Precise Plan submittal. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 23rd day of February, 2016 on the following vote: AYES: Irons, Headding, Johnson, Makowetski, Smukler NOES: None ABSENT: None ABSTAIN: None tam 0 JAB L. IRONS, Mayor TTEST So n� ANA SWANSON, City Clerk Attachment A iy •-cis, , MONITORING PLAN Mitigation Measure BIO 1 An eelgrass restoration plan shall be prepared in accordance with the_California Eelgrass Mitigation Policy and submitted for approval to the Planning and Building Manager. The eelgrass restoration plan shall be submitted for review and approval within three months of completion of construction. The report shall at a minimum include a site plan and written description of the status of eelgrass beds in the project area. If the report identifies a reduction in eelgrass coverage as compared to the existing eelgrass coverage at the time of the pre- construction survey, then the report shall identify remedial measure to offset such reduction within the eelgrass beds in the project area at a 1.2:1 basis. In such case, reporting shall continue on an annual basis for at least three years or until all such eelgrass beds are supporting eelgrass as documented in two consecutive annual reports, whichever is later. In addition, a pre -and post -construction survey shall be completed to determine the final areas of impact and submitted to the Planning and Building Manager. The pre -construction survey shall be submitted for review prior to issuance of a building permit. Monitoring Plan, BIO 1: Construction plans shall clearly note the above mitigation measure on project plans and be clearly visible to contractors and City staff. Public Service Department planning staff will responsible for reviewing the pre -construction survey prior to issuance of any building permits. The post - construction survey shall be submitted to the City Planning and Building Manager for review and approval within three months of completion of construction. The report shall at a minimum include a site plan and written description of the status of eelgrass beds in the project area. If the report identifies a reduction in eelgrass coverage as compared to the existing eelgrass coverage at the time of the pre -construction survey, then the report shall identify remedial measure to offset such reduction within the eelgrass beds in the project area at a 1.2:1 basis. In such case, reporting shall continue on an annual basis for at least three years or until all such eelgrass beds are supporting eelgrass as documented in two consecutive annual reports, whichever is later. Mitigation Measure BIO 2 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 lacing of these screens. All in -water, bottom - disturbing activities should occur within the pre -determined project footprint. Monitoring Plan, BIO 2: Construction plans shall clearly note the above mitigation measure on project plans and be clearly visible to contractors and City staff. Details pertaining to the type, location, and method of securing the silt screens shall be provided on construction documents. Public Service Department staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure BIO 3: A Marine Wildlife Contingency Plan shall be developed and approved by the NMFS, USFWS, and CDFG 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 10046ot 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 10046ot boundary. All construction crew employees shall be informed on the requirements of this condition. Monitoring Plan, BIO 3: Construction plans shall clearly note the above mitigation measure on project plans and be clearly visible to contractors and City staff. The Marine Wildlife Contingency Plan and documentation that it has been approved by the NMFS, USFWS, and CDFW shall be submitted along with the applications for construction permits. The biological monitor shall submit a weekly monitoring report to the City, including a summary of each day's activities, summary of any violations or inconsistencies with the mitigation measures/conditions of approval, any remediation actions undertaken by the applicant/construction manager, any verbal or written correspondence with regulatory agencies, and photo - documentation. Public Service Department staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure BIO 4 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): 1. 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: a. 150 feet Absorbent Boom 200 square feet Absorbent Tarp (for use during pile driving operations) b. Barrel Absorbent Pads c. Container Absorbent Granules 2. Rainwater runoff pollution from equipment stored on deck shall be prevented through ongoing equipment maintenance and appropriate double containment. 3 The work area shall be contained within a boom to prevent debris from falling into the water. 4. All equipment fueling shall take place on the barge, with containment in -place. No refueling between vessels shall occur. 5. An Absorption Tarp shall be placed underneath any portable equipment while in use. 6. No equipment shall be permitted to enter the water with any petroleum products. 7. All equipment used during pile driving operations shall be in good condition without fuel or oil leakage. 8. Should any equipment begin to leak, that equipment shall be removed immediately from the barge and repaired or replaced. 9. All vessels shall have portable, regularly serviced sanitation equipment. No overboard discharge is permitted Monitoring Plan, BIO 4: Construction plans shall clearly note the above mitigation measure on project plans and be clearly visible to contractors and City staff. The Oil Spill Response and Recovery Plan shall be submitted along with the applications for building permits and reviewed by the Public Service Department planning staff and Fire Department for adequacy. Public Service Department staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure BIO 5 Prior to issuance of building permits, 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 Game), or submit documentation that such permits are not required. Monitoring Plan, BIO 5: Construction plans shall clearly note the above mitigation measure on project plans and be clearly visible to contractors and City staff. Submittal of all required outside agencies regulatory permits shall be reviewed by the Public Service Department planning staff Mitigation Measure BIO 6. Pre- and Post -construction surveys. A survey identifying areas of eelgrass within the lease areas shall be completed no earlier than 90 days and no later than 30 days prior to issuance of a building permit. The survey shall be submitted to the Community Development Manager for review as part of the fmal plans. If additional eelgrass is identified that would be directly shaded by the proposed project, then the report shall identify remedial measures to offset such reduction within the eelgrass beds at a ratio of 1.2:1 in line with the specifications for mitigation of eelgrass habitat as provided for in the California Eelgrass Mitigation Policy. A post construction survey identifying areas of eelgrass shall be completed on an annual basis with the first report due within 90 days of completion of construction and subsequent reports due at one year increments after that. All annual reports shall at a minimum include a site plan and written description of the status of eelgrass beds in the project area. Annual reporting shall continue for at least three years or until all eelgrass beds to be protected are supporting eelgrass as documented in two consecutive annual reports, whichever is later. Any change in eelgrass extent shall be documented and reported to the Community Development Manager. If the report identifies a reduction in eelgrass coverage as compared to the existing eelgrass coverage as identified in the Applicant's Site Plan, then the report shall identify remedial measures to offset such reduction within the eelgrass beds in the project area at a 1.2:1 ratio in line with the specifications for mitigation of eelgrass habitat as provided for in the California Eelgrass Mitigation Policy. ➢ Monitoring Plan, BIO 6: Construction plans shall clearly note the above mitigation measure on project plans and be clearly visible to contractors and City staff. Submittal of all required outside agencies regulatory permits shall be reviewed by the Community Development Manager. Mitigation Measure BIO 7 Prior to issuance of a building permit, a pile driving plan and hydroacoustical monitoring plan shall be submitted to the Community Development Manager 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 (press4n pile placement, drilling, dewatered isolation casings, etc.) and additional noise dampening measures (sound shielding and other noise attenuation devices). ➢ Monitoring Plan, BIO 7: Construction plans shall clearly note the above mitigation measure on project plans and be clearly visible to contractors and City staff. The Community Development Department shall verify for required compliance in the field.. Mitigation Measure CULT 1 If materials (including but not limited to bedrock mortars, historical trash deposits, and paleontological or geological resources) are encountered during excavation, work shall cease until a qualified archaeologist makes determinations on possible significance, recommends appropriate measures to minimize impacts, and provides information on how to proceed in light of the discoveries. All specialist recommendations shall be communicated to the City of Morro Bay Public Services Department prior to resuming work to ensure the project continues within procedural parameters accepted by the City of Morro Bay and the State of California. Monitoring Plan, CULT 1: Construction plans shall clearly note the above mitigation measure on Sheet 1 of project plans and be clearly visible to contractors and City staff. Public Service Department staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure CULT 2 The following actions must be taken immediately upon the discovery of human remains: Stop immediately and contact the County Coroner. The coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the Coroner has 24 hours to notify the Native American Heritage Commission. The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American. The most likely descendent has 48 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity, of the human remains and grave goods. If the descendent does not make recommendations within 48 hours the owner shall reinter the remains in an area of the property secure from further disturbance, or; If the owner does not accept the descendant's recommendations, the owner or the descendent may request mediation by the Native American Heritage Commission Discuss and confer means the meaningful and timely discussion careful consideration of the views of each party. i Monitoring Plan, CULT 2: Construction plans shall clearly note the above mitigation measure on Sheet 1 of project plans and be clearly visible to contractors and City staff. Public Service Department staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure GHG 1 Requirements to limit Greenhouse Gas emissions shall apply to this project which includes to the greatest extent feasible: 1) a minimum of six percent of construction vehicles and equipment shall be electrically -powered or use alternative fuels such as compressed natural gas, and 2) The contractor shall limit idling of construction equipment to three signs and post signs to the effect. Monitoring Plan, GHG 1: Construction plans shall clearly note the above mitigation measure on Sheet 1 of project plans and be clearly visible to contractors and City staff Details pertaining to the type of construction vehicles to be used shall be provided on construction documents. Public Service Department staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure HYDRO 1 Netting or fencing around and underneath the project site shall be installed to catch and remove debris released during and after construction. � Monitoring Plan, HYDRO 1: Construction plans shall clearly note the above mitigation measure on Sheet 1 of project plans and be clearly visible to contractors and City staff. Details pertaining to the type, location, and method of securing the catchment netting or fencing shall be provided on construction documents. Public Service Department staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure HYDRO 2 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. Y Monitoring Plan, HYDRO 2: Construction plans shall clearly note the above mitigation measure on Sheet 1 of project plans and be clearly visible to contractors and City staff. Details pertaining to the type, location, and method of securing the silt screens shall be provided on construction documents. Public Service Department staff will periodically inspect the site for continued compliance with the above mitigation measure.